Council Tax Disregard for SMI - post end of CB ESA

CIS

i was put through to a more senior officer and they admitted that they were in fact aware of the new CB ESA rules, but were in fact turning a blind eye to the matter of SMI disregard because it was a) unclear what the ruling should be, and b) the DWP as you said Craig do not let them know when CB ESA ends.

Which does not instill confidence - the local authority should be checking it out and not turning a blind eye. They have a legal duty not to award disregards if a person is not entitled and as such they should be putting something in place to clarify the situation and not brushing it under the carpet.

Regarding the ending of a qualifying benefit it falls within the standard requirement for a) changes to be notified to the local authority and b) for the local authority to regularly review reductions so that in itself is not an excuse for them.

I suspect the simple answer is that they don't fully understand it and don't want to try.

Craig

CIS

Do check with your local council that ESa WRAG group is a qualifying benefit for SMI, and that the disregard isn't only for those placed into the Support Group of ESa.
I think ESa (in either group) counts but am not completely sure

The entitlement regulations just state ESA.

Craig

belinda1960

Thanks again Alice.

Council are Ok with ESA WRAG.

When partner went for a work focussed interview it was a farce. The rep thought that my partner was in no fit state to attend and forego need for any other interviews. The rep was more interested in talking to me about why she was not in the Support Group. That is a topic for a separate post.

Returning to CT disregard, we are more interested in the principle here than the money per se.

What is certain is that my partner is definitely currently "entitled" to CB ESA, but her "payment" will stop in January 2017. So out of interest we may soon decline payment of her ESA with immediate effect, although she is "entitled" to it, and then continue to receive CT disregard on an ongoing basis. Bizarrely as her house is an expensive council tax area and band her disregard is worth almost £1700 per annum.

This may make an interesting "test case".

NeilCr

Actually, if you don't mind me saying so, for me this would be a simple decision

I generally advise folks to tell the LA about any changes in circumstances. So I would be completely honest with them. Given the comments by yourself and others about the confusion around how this operates the disregard may well continue. If not you appeal it and/or go with what Alice says

The alternative is to stay quiet and run the (possibly small) risk of the LA finding out and then challenging you (or your partner) on why you didn't tell them. Which may be very upsetting for your partner given her health issues. Not something I would want to chance

But it sure is an interesting question. Please do let us know how it pans out

ETA. Having just read the last post (distracted by football) I still think I'd continue with the claim until January and see what the LA actually do. If the disregard stays you need do nothing.

CIS

The appeal process would go via a Valuation Tribunal and then (if needed to the High Court) if the local authority ceased the disregard - it appears though the the local authority are prepared to stick their fingers in their ears and go la la la.

Taking a case to a High Court appeal is not a cheap process or easy process.

If the local authority act correctly then they should stop the disregard in January in the abscence of any proof that an entitlement to a qualifying benefit continues.

Craig

NeilCr

Well yes. But, as you say, the LA may well not realise what (if anything) they need to do so it may well continue. And I think you should be open and honest with the LA and DWP about changes in circumstances.

Would the first appeal be internal? Like an MR? You'll know better than me

And, as has been stated, there appears to be the alternative to "claim and decline" ESA.

CIS

The first appeal would need to be internal - the local authority has to be served notice you're disputing and intend on using a Valuation Tribunal if need be.

If the authority do not give you the resolution you require the Valuation Tribunal is the next stage of appeal after that. The High Court would follow the Tribunal, if needed.

Craig

belinda1960

Thanks again to all respondents. Re-reading what Alice said, it would appear that "entitlement" does continue, because otherwise why are SMI claimants post the end of CB ESA paid NI credits on an ongoing basis.

I will ask our local council what they think about this. Did ask a junior officer last week, and they did not have a clue what I was talking about !

NeilCr

belinda1960 wrote: »

Thanks again to all respondents. Re-reading what Alice said, it would appear that "entitlement" does continue, because otherwise why are SMI claimants post the end of CB ESA paid NI credits on an ongoing basis.

I will ask our local council what they think about this. Did ask a junior officer last week, and they did not have a clue what I was talking about !

Can you let us know what they say please?

I am really interested

Thanks

NeilCr

CIS wrote: »

The first appeal would need to be internal - the local authority has to be served notice you're disputing and intend on using a Valuation Tribunal if need be.

If the authority do not give you the resolution you require the Valuation Tribunal is the next stage of appeal after that. The High Court would follow the Tribunal, if needed.

Craig

As I understand it, though, you can only go to the High Court on a point of law?

And you could go to the Local Government Ombudsman after the Valuation Tribunal?

Sorry OP I am intrigued by this thread and am picking Craig's brains