Sever Mental Impairment Council Tax Scotland

scottax

Hi,

I have been declared severely mentally impaired by my psychiatrist, who has also completed the Severe mental impairment form for council tax supplied by my local council.

I am also in receipt of higher rate Activities of Daily living PIP and higher rate mobility PIP and am on ESA.

My council have not been particularly helpful regarding an exemption from council tax.

One of the difficulties is that I live alone.

When I have looked at the Council tax legislation - the local government finance act 1992, it is fairly easy to see that if you live with someone else you are disregarded for council tax if you are severely mentally impaired.

However if you actually live alone , I can't see anything in the legislation about exemption from council tax for Severely mentally impaired (SMI) being exempt.

There are plenty of bland statements elsewhere about it, but they are not much help.

Can anyone point out which bit of the legislation shows those with SMiI and entitled to the qualifying benefits are exempt from paying council tax if they live alone - In SCOTLAND.

thanks very much

scottax

pmlindyloo

scottax wrote: »

Hi,

I have been declared severely mentally impaired by my psychiatrist, who has also completed the Severe mental impairment form for council tax supplied by my local council.

I am also in receipt of higher rate Activities of Daily living PIP and higher rate mobility PIP and am on ESA.

My council have not been particularly helpful regarding an exemption from council tax.

One of the difficulties is that I live alone.

When I have looked at the Council tax legislation - the local government finance act 1992, it is fairly easy to see that if you live with someone else you are disregarded for council tax if you are severely mentally impaired.

However if you actually live alone , I can't see anything in the legislation about exemption from council tax for Severely mentally impaired (SMI) being exempt.

There are plenty of bland statements elsewhere about it, but they are not much help.

Can anyone point out which bit of the legislation shows those with SMiI and entitled to the qualifying benefits are exempt from paying council tax if they live alone - In SCOTLAND.

thanks very much

scottax

The two relevant pieces of legislation are noted in the opening of this application form:

http://www.northlanarkshire.gov.uk/CHttpHandler.ashx?id=12331&p=0

Bogalot

scottax wrote: »

Hi,

I have been declared severely mentally impaired by my psychiatrist, who has also completed the Severe mental impairment form for council tax supplied by my local council.

I am also in receipt of higher rate Activities of Daily living PIP and higher rate mobility PIP and am on ESA.

My council have not been particularly helpful regarding an exemption from council tax.

One of the difficulties is that I live alone.

When I have looked at the Council tax legislation - the local government finance act 1992, it is fairly easy to see that if you live with someone else you are disregarded for council tax if you are severely mentally impaired.

However if you actually live alone , I can't see anything in the legislation about exemption from council tax for Severely mentally impaired (SMI) being exempt.

There are plenty of bland statements elsewhere about it, but they are not much help.

Can anyone point out which bit of the legislation shows those with SMiI and entitled to the qualifying benefits are exempt from paying council tax if they live alone - In SCOTLAND.

thanks very much

scottax

There's something wrong when someone is able to independently research complex legislation yet they can claim to have a severe mental impairment of intelligence and social functioning. This is not what the exemption is intended for.

This is the reason why ESA etc are independently assessed. People's own clinicians are seemingly willing to sign anything put in front of them.

pmlindyloo

Bogalot wrote: »

There's something wrong when someone is able to independently research complex legislation yet they can claim to have a severe mental impairment of intelligence and social functioning. This is not what the exemption is intended for.

This is the reason why ESA etc are independently assessed. People's own clinicians are seemingly willing to sign anything put in front of them.

Perhaps it is best that we do not judge quite so quickly.

It is possible that the post was written by a support worker/carer/friend. We do not know.

As regards independent assessment the claimant is receiving high rates of PIP and is on ESA so they have been independently assessed.

Tommo1980

pmlindyloo is quite right of course, but I must admit my first thoughts are along the lines of what Bogalot posted.

If the OP is asking on behalf of someone with SMI they should identity themselves as such. It will negate the negative assumptions.

Tom

xylophone

It appears to be a case of may offer rather than must offer

but in Edinburgh at least, the claimant living alone seems eligible for consideration.

http://www.edinburgh.gov.uk/info/20111/discounts_and_exemptions/530/severely_mentally_impaired_person

We may offer

a 25% discount where a property is home to a person or people who are severely mentally impaired and one other adult who is not

a 100% exemption where a property is home to only a person or people who are severely mentally impaired.


I do notice though that the form asks whether the claimant is suffering from

a severe impairment of intelligence and social
functioning

If the claimant wrote the first post without assistance one would wonder whether his intelligence ( if this means cognitive skill) was impaired?

However, one must assume that the psychiatrist knows whereof he speaks?

scottax

I am the person with severe mental impairment, I was born with a defective brain.

I wish I was "normal" as my life would be a lot easier.

CIS

For clarification there is no lee-way for local authorities - if you meet the criteria as SMI and you are the sole occupant then legislation allows for an exemption to apply.

The local government finance act 1992 introduced the SMI disregard for England, Scotland and Wales.

In England & Wales The Council Tax (Discount Disregards and Exempt Dwellings) (Amendment) Order 1995 introduced the Class U exemption, the equivalent exempt property in Scotland was introduced by the Council Tax (Exempt Dwellings) (Scotland) Amendment Order 1995.

The original idea behind the SMI disregard was that it would only apply to those who were unable to function - such as those with severe brain damage or severe Alzheimer's however the regulations allow for anyone who can be certified as SMI by a Dr and be entitled to a qualifying benefit to qualify.

In respect of the person the definition in legislation is "For the purposes of this paragraph a person is severely mentally impaired if he has a severe impairment of intelligence and social functioning (however caused) which appears to be permanent."

Until/Unless the regulations are amended then they will continue to function as they do now with regards to SMI application whatever that may bring.