Council tax: have you applied for the severe mental impairment (SMI) discount?

MSE_Katie

MoneySavingExpert.com has raised awareness of a little-known council tax discount available to those who have – or live with someone who has – a severe mental impairment such as Alzheimer's or Parkinson's.

See our story: Families of severely mentally impaired people reclaim £1,000s from councils, thanks to MSE

Have you applied? How did it go? Tell us about your experience below. We may be in touch to find out a bit more.

How it works
If you live with someone who is deemed to be severely mentally impaired your household should be eligible for a 25% council tax discount, as the person you live with is 'disregarded for council tax purposes' in England, Scotland and Wales – in a similar way that students are, for example.

Normally if there's only one person living in a home, you get a 25% discount on your council tax. But if you live with someone with an SMI and no other adults – or only adults who are disregarded for council tax purposes – you can also claim 25% off.

Crucially, you can reclaim retrospectively too – meaning you may be able to claw back £1,000s in overpayments made in previous years.

Who's eligible for the SMI discount?
Both of the following must apply for someone to qualify for an SMI council tax discount:

1. They've been medically certified as being severely mentally impaired. For example, if they have dementia, Parkinson's, severe learning difficulties or have had a stroke.

2. They're eligible for at least one of the following benefits: (these aren't all means-tested, and in most cases they don't actually need to claim any benefits to get the discount).

- Attendance allowance under Sec 64 of the Social Security Contributions & Benefits Act
- Severe disablement allowance
- The highest or middle rate of the care component of a disability living allowance
- The daily living component of personal independence payment
- An increase in the rate of your disablement pension
- Disabled persons tax credit
- Incapacity benefit
- Employment and support allowance
- Unemployability allowance or supplement
- Constant attendance allowance or income support including a disability premium

Leighton_2

My father was diagnosed with Parkinson's in 2009. I first saw Martin's article almost a year ago and encouraged him to apply for the council tax rebate as he is also in receipt of one of the pre-requisite benefits. However, he was reluctant to do so at the time as the term 'severely mentally impaired' is quite emotive and subjective.

Recently, however, he saw one of Martin's shows on TV and felt he should indeed apply. This he did, with help from my mum. He went to see his GP who acknowledged that whilst his symptoms were progressing, in his opinion, they were not 'severe'.

The claim has been recently rejected on this basis. We have to decide whether it is worth appealing as the stress of an appeal will make his symptoms worse.

So living with a Parkinson's diagnosis for eight years and having a significant reduction in mental capacity appears not to automatically qualify one for a SMI discount.

dekaspace

Now this thread shows some of the confusion, I have been told having autism and some mental health issues I officially qualify but no one in various council teams knows if this is correct and just tells me to apply and see what happens.


But then I have to get medical evidence from doctor so they have to agree.

CIS

With regards to appealing you're very limited as the legal requirement is for there to be the impairment - the exact definition of the requirement regarding the impairment isn't actually given in the article, which is a big omission (In legislation "a person is severely mentally impaired if he has a severe impairment of intelligence and social functioning (however caused) which appears to be permanent".)

The only people who can make the determination in law is a Dr so if you went to an appeal it would end up at a valuation tribunal. They're very limited as to what can be done though due to the wording of the legislation requiring the medical opinion.

The article also fails to mention the Class U exemption where all of the occupiers are severely mentally impaired.

Craig

CIS

dekaspace wrote: »

Now this thread shows some of the confusion, I have been told having autism and some mental health issues I officially qualify but no one in various council teams knows if this is correct and just tells me to apply and see what happens.


But then I have to get medical evidence from doctor so they have to agree.

It depends if you if meet all of the relevant criteria or not - autism etc doesn't automatically qualify you (the legislation does not mention any specific illness/disorders etc). The Dr would need to certify that you were severely mentally impaired.

Craig

dekaspace

CIS wrote: »

It depends if you if meet all of the relevant criteria or not - autism etc doesn't automatically qualify you (the legislation does not mention any specific illness/disorders etc). The Dr would need to certify that you were severely mentally impaired.

Craig

It wasn't the autism as much as the fallout from it such as mental health issues, I can get such overload of information I basically slur my speech and can't see in front of me, often anxiety can do that to me but most of the time I balance it to bad body language and stuttered speech and switching off brain.


The simplest task can become impossible, I even lose power of speech at times and I can also lose my brain power to point I just murmur and can't think and basically go big eyed.

Leighton_2

CIS wrote: »

.... (In legislation "a person is severely mentally impaired if he has a severe impairment of intelligence and social functioning (however caused) which appears to be permanent".)

Thanks for this - I assume this is drawn from Local Government Finance Act 1992. It appears that different councils may be interpreting this rather poor definition in different ways.

Lewisham Council for example has this definition on its website: "you have been certified by a medical practitioner as having an impairment of intelligence and social functioning which is expected to be permanent."

Note the absence of the word 'severe' - so perhaps its a postcode lottery...

Mrs_Ryan

OH's psychiatrist has told him he should apply but he doesn't do discounts on anything so won't apply. Despite the fact that our council tax bills are damn high :mad:

dekaspace

Leighton wrote: »

Thanks for this - I assume this is drawn from Local Government Finance Act 1992. It appears that different councils may be interpreting this rather poor definition in different ways.

Lewisham Council for example has this definition on its website: "you have been certified by a medical practitioner as having an impairment of intelligence and social functioning which is expected to be permanent."

Note the absence of the word 'severe' - so perhaps its a postcode lottery...

Mine is the same, but either way its the intelligence part that is the difficult part.


My IQ at lowest estimate is mensa level, other estimates is what would be "genius" level yet I struggle to understand emotions, even some right and wrongs like if I ever not saying I would commit a crime the information would pass through that its wrong and I might be anxious about it but it wouldn't process properly and I would be blank about it.


Tell me to spec and build you a computer and I will have it done in record time and beyond your original desire, tell me to write my thoughts right now on paper and not only would I draw a blank but I would get chest pains from the anxiety.


Its why despite having been to university when younger I dropped out and now can't even handle college when the physical work for a controversial term is "beneath me" I was able to write articles for newspapers when younger and got 100% in English, History, and Computer Studies exams.


Now tell me to write you a short story and I draw a blank.


I even draw a blank at comparisons hence these bad ones!


So my imparement of social functioning affects how my intelligence is used or percieved.

CIS

The local authority have no powers to alter the wording of the legislation - regardless of how they're wording it on their website they must use what it states in legislation when applying any discount. They should be ensuring their website is worded correctly though to prevent any confusion.

The council don't make the decision over the determination of severe impairment in any case, it has to be made by a Dr.

Craig

onlyroz

I think my dad has applied for this due to his Alzheimers. I'm not sure if he got it or not - I think they only became aware recently that he was eligible.