Council Tax Disregard for SMI

PHILANTHROPIST

Hi,

I recollect that that there are some folk on the forum who appear to know a fair bit about council tax disregards for SMI's.

An elderly couple I know asked me a query. One of them, the wife, has Alzheimers and is both entitled to, and in receipt of, Attendance Allowance. She has been in receipt of AA for 5 years. Her hubby acts as her full time carer and is in receipt of carers allowance. She will have no problem getting her GP to sign application form re SMI disregard.

At present they appear to pay 75% of their CT bill, i.e. a 25% deduction, but this was only a recent development, and as far as I understand was not related to a Class U exemption.

Is 25% the max reduction they will be entitled to given their circumstances or do some or all LA's offer further entitlements or discounts !?

As a minimum they will be able to claim backdated entitlement to the disregard discount for the wife from period from 2012-end 2016 inclusive.

Look forward to hearing from you, and will all members kindly stick to the thread content rather than trolling or becoming unnecessarily abusive.

Thanks in advance for any constructive comments and guidance.

marliepanda

The SMI would be equal to the current 25% disregard. It basically disregards the person who is SMI, similar to those who are discounted due to being a student. I imagine it is to do with that. Usually that is backdated to the dates it relates to if the doctors can back it up.

That is a statutory disregard and is set at 25%. It's basically single persons discount, but it's a 'single' person because someone is discounted. Like student disregard.

Each council now sets its own rate of council tax relief. They have their own rules but they're all based on income and capital. The SMI is not. If they require further discounting then they will need to contact their council and make an application for council tax relief and provide the info required

PHILANTHROPIST

marliepanda wrote: »

The SMI would be equal to the current 25% disregard. It basically disregards the person who is SMI, similar to those who are discounted due to being a student. I imagine it is to do with that. Usually that is backdated to the dates it relates to if the doctors can back it up.

That is a statutory disregard and is set at 25%. It's basically single persons discount, but it's a 'single' person because someone is discounted. Like student disregard.

Each council now sets its own rate of council tax relief. They have their own rules but they're all based on income and capital. The SMI is not. If they require further discounting then they will need to contact their council and make an application for council tax relief and provide the info required

Thanks, yes that is what I thought would be the case; the equivalent of a single person discount, which makes sense given that the second occupant is lawfully disregarded.

I don't think it's been backdated yet, but I can help them with that.

I doubt they will be entitled to any further reduction because i would imagine they are means tested and they are not short of a bob or two.

marliepanda

PHILANTHROPIST wrote: »

Thanks, yes that is what I thought would be the case; the equivalent of a single person discount, which makes sense given that the second occupant is lawfully disregarded.

I don't think it's been backdated yet, but I can help them with that.

I doubt they will be entitled to any further reduction because i would imagine they are means tested and they are not short of a bob or two.

I would pretty much guarantee that all further help will be means tested (I can't guarantee as all make up their own) but yeah, it's more than likely.

My council offers unlimited backdating for single status, but I'm not sure whether that's our policy or legislation...

PHILANTHROPIST

marliepanda wrote: »

My council offers unlimited backdating for single status, but I'm not sure whether that's our policy or legislation...

I can help you with the above. It is i believe legislation, but not sure which regulation or act. it is also policy, but I think the policy is underpinned by legislation. If you want to Know the specific legislation tell me and i will find out.

If I am mistaken, and sometimes I am, I will edit my post accordingly.

retiredandskint

When i applied for my husband I filled the form in and put the date as the AA award but it was only backdated to date of application.

marliepanda

retiredandskint wrote: »

When i applied for my husband I filled the form in and put the date as the AA award but it was only backdated to date of application.

I'm fairly new so I'm not 100% but with our benefit claims it's very much 'you need to claim it or you don't get it'

I'm just not sure whether the SMI disregard comes under a benefit. With single occupancy and student occupancy we backdate, but I've not processed a backdated SMI yet

retiredandskint

marliepanda wrote: »

I'm fairly new so I'm not 100% but with our benefit claims it's very much 'you need to claim it or you don't get it'

I'm just not sure whether the SMI disregard comes under a benefit. With single occupancy and student occupancy we backdate, but I've not processed a backdated SMI yet

The first claim for AA was declined but overturned on appeal hence the delay in applying.

tboo

marliepanda wrote: »

I'm fairly new so I'm not 100% but with our benefit claims it's very much 'you need to claim it or you don't get it'

I'm just not sure whether the SMI disregard comes under a benefit. With single occupancy and student occupancy we backdate, but I've not processed a backdated SMI yet

SMI is a council tax discount which has to be claimed by the appropriate form and evidence

Discounts link

My council only goes back 6 years due the Limitation Act but it can go back further
On our form the Dr's put the diagnosed date on and then the award has to match the date as well - unless the award is later then that date would be used

marliepanda

tboo wrote: »

SMI is a council tax discount which has to be claimed by the appropriate form and evidence

Discounts link

My council only goes back 6 years due the Limitation Act but it can go back further
On our form the Dr's put the diagnosed date on and then the award has to match the date as well - unless the award is later then that date would be used

I know what it is. However, single persons discount and student discount are not classed as benefits, despite needing to be claimed and evidenced.

I'm not sure whether the benefit restriction of 'claim it or don't get it' applies to the SMI disregard as it's not a benefit as such, it removes the liability of that person.

CIS

Almost any qualifying council tax discount is unlimited in the backdating, there is no limit set in legislation for it.

Some local authorities have applied the limitation act to try and limit the backdating to 6 years under the limitation act however the valuation tribunal have ruled on these particular situations and as a Section 14 discount there should generally not be limiting of the backdating.

That being said, each local authority can still say no and push you to a tribunal. The relevant backdating cases were heard by the valuation tribunal president so other tribunal cases in the same situations are expected to follow his decisions as much as possible to remain consistent.


Craig