The Great Hunt: Have you got the 'severely mentally impaired' council tax discount?

CIS

Father has Alzheimer's, Mother mentally and physically disabled following a stroke. Council will POSSIBLY allow father's but we need to provide evidence of diagnosis AND attendance allowance - diagnosis alone isn't enough for them. Apparently although Mum receives AA and we can provide any amount of proof that she did indeed have a catastrophic stroke and the rep from the Stroke Association said she should definitely qualify, the council (because they are qualified medical practitioners after all) say she has to be mentally impaired and a stroke doesn't cause that! All I can say is that they should try getting her to make a decision on anything.

The council are correct in that a mental impairment is needed, the regulations specifically state that is one of the required conditions. If the Stroke Association have said otherwise then they are incorrect in what they have said. The relevant legislation says (my emphasis);

The severely mentally impaired

2(1)A person shall be disregarded for the purposes of discount on a particular day if—

(a)on the day he is severely mentally impaired;

(b)as regards any period which includes the day he is stated in a certificate of a registered medical practitioner to have been or to be likely to be severely mentally impaired; and

(c)as regards the day he fulfils such conditions as may be prescribed by order made by the Secretary of State.

(2)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.

(3)The Secretary of State may by order substitute another definition for the definition in sub-paragraph (2) above as for the time being effective for the purposes of this paragraph.

Providing a medical practitioner certifies the mental impairment as meeting the criteria and the qualifying benefit requirement is met then the disregard will apply and the council have no real choice in the matter. If they disputed the disregard applied then the ultimate decision would need to be made by a valuation tribunal.

Craig

CIS

DenBb wrote: »

I applied for it for my husband who is SMI and was getting the 25% discount but my daughter has recently moved back in with us for a while so I knew I had to inform them because if there is another adult in the house, the discount stops. I shall apply again when she moves out.

She may be able to be able to be disregarded as a 'carer' , depending on the circumstances - http://www.royalgreenwich.gov.uk/info/59/council_tax_-_discount/470/carers_or_care_workers_council_tax_discount

Craig

CAZMAY

I have 2 parents both with Alzheimers living in their own home, now with live in carers.... I did not know about the releif you can get for severe mental impairment, no one tells you, ie doctors !
I belong a local carers group , and we had a speak come from the local authority benefits section, as may parents have some money, i never expected to gain anything at all... but it appears 1 person gets 25 % deduction, if 2 living in a house, but if 2 are impaired you get 100 % discount, backdated to when they where diagnosed. I received £ 2600 back from the local authority !!

Hopes this helps other people, its not means tested

maccer

No problem obtaining this, just posted a copy of my Sons PIP entitlement. Don' t forget, you can also claim another 25% off in certain cicumstances as a carer in the same house. Totally bill cut in half, well worth doing.

CIS

CAZMAY wrote: »

I have 2 parents both with Alzheimers living in their own home, now with live in carers.... I did not know about the releif you can get for severe mental impairment, no one tells you, ie doctors !

The SMI disregard is shown in the discount information which is issued alongside all annual council tax demand notices.

I belong a local carers group , and we had a speak come from the local authority benefits section, as may parents have some money, i never expected to gain anything at all... but it appears 1 person gets 25 % deduction, if 2 living in a house, but if 2 are impaired you get 100 % discount, backdated to when they where diagnosed. I received £ 2600 back from the local authority !!

Hopes this helps other people, its not means tested

Not quite - if all of the occupiers of a property a disregarded as being SMI then a council tax exemption applies, it doesn't matter if there's one occupier or ten providing they're all disregarded as SMI*

Where there are other occupiers of the property who are not SMI then the maximum reduction is 50%.

* different rules apply if the property is a care home or a council tax HMO

Craig

chrislove

When my husband was diagnosed with dementia at the age of 60, the consultant psychiatrist told us about the discount, almost as though it compensated for having the condition! All we needed was a letter from our GP (which was delayed through the inefficiency of the surgery) but the council then dealt with everything very efficiently. We had to prove two of our sons were students by getting letters from their university. The discount was removed when one of them returned to live at home after completing his studies, but promptly reapplied when he left.

I am somewhat concerned by Newleaf's remarks about being unable to vote in elections. My husband can, and does, with my help (this is legal, I checked) and I think it's important for his self-esteem that he continues to do so for as long as he is able.

Buster1941

I found out about the allowance when browsing the local council web site. I applied and the rates were reduced and a refund sent very quickly. Although it was easy to apply there is not a great deal of information available.:(

CIS

chrislove wrote: »

I am somewhat concerned by Newleaf's remarks about being unable to vote in elections. My husband can, and does, with my help (this is legal, I checked) and I think it's important for his self-esteem that he continues to do so for as long as he is able.

You're right to be - voting doesn't specifically come in to (although I think Ministers did mention that as one of the indicators when it was being discussed in Parliament originally).

The original intention appears to have been that those who would qualify would be those people who were completely unable to function for themselves* however the way the legislation is worded allows a wider range of conditions to be met.

* but who would be, probably, unable to vote due to their condition

Craig

newleaf

Thanks for clarifying CIS. I was told this (re engagement in electoral process) by our benefits advisor at the time. It may very well have been information based on early discussions. I have been retired for some time now, and having looked at your signature, I'm sure you are better informed than me.

10_66

Applied for SMI "disregard" for my father (Alzheimer's) and the council backdated it, so refunded the proportion of tax previously paid. Then applied for it for my mother when she was also diagnosed with Alzheimer's a few years' later. All straightforward.

Letters are issued by the council requesting confirmation of circumstances, but fortunately, they're mailed out to me, otherwise they'd probably go missing.