Council Tax Disregard for SMI

tboo

marliepanda wrote: »

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.

You said you wasn't sure if it was a benefit or not, so I linked them for people to see, as council tax discounts and exemptions have nothing to do with benefits

marliepanda

tboo wrote: »

You said you wasn't sure if it was a benefit or not, so I linked them for people to see, as council tax discounts and exemptions have nothing to do with benefits

Some council tax discounts are benefits...

PHILANTHROPIST

Following on from my post of yesterday, it is, as I thought, based on legislation; a link to the act is shown below:

http://www.legislation.gov.uk/uksi/1992/548/article/3/made

Under Section 3 it states the following in regard to the severely mentally impaired (SMI):

3.—(1) The condition prescribed for the purposes of paragraph 2(1)(c) of Schedule 1 to the Act (i.e. to be SMI) is that the person in question is entitled to one of the qualifying benefits listed in paragraph (2) below:

In the original act the qualifying benefits included the usual suspects, such as Attendance Allowance (AA), DLA etc. The act is routinely updated to allow for up to date qualifying benefits such as ESA and PIP.

What is interesting is the reference to, and as emboldened above, an applicant being "entitled to". It does not say in receipt of, a term often, and possibly craftily used by some local authorities.

One may, therefore, in theory be able to apply for a backdated disregard back to the date when for example an Alzheimers sufferer was first diagnosed, and thus technically "entitled" to say AA. The key would appear to be the date when a GP affirms that the Alzheimers condition first became categorised as rendering an applicant to be SMI.

Has anyone ever successfully applied for a backdate on this basis? Is there any related case law re Tribunal Decisions ?

CIS

Has anyone ever successfully applied for a backdate on this basis?

Seen a few over years (and processed a few myself)

One may, therefore, in theory be able to apply for a backdated disregard back to the date when for example an Alzheimers sufferer was first diagnosed, and thus technically "entitled" to say AA. The key would appear to be the date when a GP affirms that the Alzheimers condition first became categorised as rendering an applicant to be SMI

True but you'd need to show entitlement to the qualifying benefit which cab be

Is there any related case law re Tribunal Decisions ?

Backdating yes, 'entitled to' queries not so much. A good example - http://info.valuation-tribunals.gov.uk/decision_document.asp?appeal=/decision_documents/documents/CT_England/3935M72750212C.htm&Decision=liability