Council Tax reduction

northwest1965

http://www.moneysavingexpert.com/news/reclaim/2016/09/lived-with-someone-with-alzheimers-parkinsons-or-a-similar-illness-you-may-be-able-to-reclaim-1000s-in-council-tax?utm_source=MSE_Newsletter&utm_medium=email&utm_term=27-Sep-16-1628&utm_campaign=nt-oneliners-two&utm_content=7

Biggles

I'm surprised this hasn't attracted more interest.

The late Mrs Biggles suffered from Parkinson's, so I checked my local council's website regarding backdating of claims but they appear to be very strict with regard to having what they call 'Good cause' for your claim to be backdated.

Nevertheless, I'll get the papers together and see what I can do.

CIS

Biggles wrote: »

I'm surprised this hasn't attracted more interest.

The late Mrs Biggles suffered from Parkinson's, so I checked my local council's website regarding backdating of claims but they appear to be very strict with regard to having what they call 'Good cause' for your claim to be backdated.

Nevertheless, I'll get the papers together and see what I can do.

No good cause is needed as this doesn't fall under the Council Tax Reduction/Support scheme - it's part of the Council Tax system (which has no time limits on backdating).

It's not a new discount, it's been around since 01 April 1993 and available from every local authority.

Craig

Biggles

CIS wrote: »

No good cause is needed as this doesn't fall under the Council Tax Reduction/Support scheme - it's part of the Council Tax system (which has no time limits on backdating).

Hmm. My District Council have refused me as 'Discounts can only be backdated within this authority for a maximum of six years due to The Limitation Act 1980'.

Does that make any sense? They have told me that I can appeal to the Valuation Tribunal within two months.

She was diagnosed with Parkinson's Disease in the 1990s (I have yet to check the exact date with the GP) and was awarded DLA (at the higher rate for mobility and the middle rate for personal care) in Aug 2004. She died in Mar 2010.

CIS

Biggles wrote: »

Hmm. My District Council have refused me as 'Discounts can only be backdated within this authority for a maximum of six years due to The Limitation Act 1980'.

Does that make any sense? They have told me that I can appeal to the Valuation Tribunal within two months.

She was diagnosed with Parkinson's Disease in the 1990s (I have yet to check the exact date with the GP) and was awarded DLA (at the higher rate for mobility and the middle rate for personal care) in Aug 2004. She died in Mar 2010.

They have you on a technicality of legislation - it is correct that the Council Tax system has nothing built in to it to stop backdating (which I've always thought was odd) however there is the issue of the Limitation Act 1980 which has started to be applied in recent years (Not all local authorities seem to be applying it- although they should as its come down from valuation tribunal rulings).

I don't tend to mention it initially as it can confuse the issue as it won't apply in the vast majority cases (as the application won't go back that far)

Rather than typing it up again, take a look at an article I've previously written on it. http://lgfa92.co.uk/council-tax-backdating-and-the-limitations-act-1980/

The last section may be of interest - I've not known it be used in a tribunal case yet but you'd have nothing to lose.

Biggles

Thanks to CIS for his help with coming to understand this a little more. It has become clear that I stand very little chance of a penny in this case.

There are two areas in the MSE article (see post #1) that are, not to put too fine a point on it, plain wrong.

The first is the statement that 'They've been medically certified as being severely mentally impaired. For example, if they have dementia, Parkinson's, ....'. Wrong. Very occasionally (and even Parkinson's UK say it would be 'exceptional') 'severe mental impairment of intelligence and social functioning' could be caused by Parkinson's. But a diagnosis of Parkinson's itself is not a reason for that person to be disregarded for Council Tax and a diagnosis of Parkinson's is not, as stated, an example of severe mental impairment.

The second is the statement that 'you can also reclaim retrospectively if you've overpaid at any point since 1993'. Not true. Though some councils will still, apparently, backdate claims, they are in fact able, as CIS says, to apply the Limitation Act 1980 to any claim and refuse to pay claims older than six years. It would do no harm to ask but my council said 'No' immediately.

plj831

I just tried to apply for the council tax reduction for my 83 year old dad with Parkinsons and attendance allowance. His GP certified that he has had Parkinsons since 2004, but would not certify that this is severe mental impairment.

Blaby council do not accept Parkinsons as eligible for council tax reduction, it has to be 'severe mental impairment' and his GP won't certify for 'severe mental impairment', just Parkinsons! The council did point out that the date the attendance allowance started is the date that they would backdate the overpayment too, which is after 2004. But when they saw the GP certificate for 'just' Parkinsons, the application was dismissed.

I guess that means there's nothing else to be done, unless the GP changes the certificate to 'severe mental impairment'?

Perdita

CIS

plj831 wrote: »

I just tried to apply for the council tax reduction for my 83 year old dad with Parkinsons and attendance allowance. His GP certified that he has had Parkinsons since 2004, but would not certify that this is severe mental impairment.

Blaby council do not accept Parkinsons as eligible for council tax reduction, it has to be 'severe mental impairment' and his GP won't certify for 'severe mental impairment', just Parkinsons! The council did point out that the date the attendance allowance started is the date that they would backdate the overpayment too, which is after 2004. But when they saw the GP certificate for 'just' Parkinsons, the application was dismissed.

I guess that means there's nothing else to be done, unless the GP changes the certificate to 'severe mental impairment'?

Perdita

Correct - unless there's 'severe mental impairment' certified and an entitlement to a qualifying benefit then a person cannot qualify under the current legislation. The council can only grant a reduction in line with legislation (schedule 1(2) of the local government finance act 1992).

If a person does qualify then the reduction can be backdated to the earliest date on which both of the qualifying conditions are met (although the 6 year limit of the limitation act may well apply).

Craig