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

System

We applied and got this around a year ago , it was backdated to when my daughter turned 18 . Myself and oh are her carers so we are both disregarded for council tax reducing it by 50%.

Confuseddot

Ok I am confused, lol :P

So my friend who has ptsd should be able to get this as they have a mental condition ?

The only criteria is gp signing a form and it applies to children too ? So my friend whose son has down syndrome shouldn't be paying any council tax ?

System

Confuseddot wrote: »

Ok I am confused, lol :P

So my friend who has ptsd should be able to get this as they have a mental condition ?

The only criteria is gp signing a form and it applies to children too ? So my friend whose son has down syndrome shouldn't be paying any council tax ?

Is your friends son over 18 ? Do they recieve a qualifiying benefit ?

Other than those two conditions my local council criteria is that the person being cared for can not ever live on their own.

Also you don't have to claim carers allowance to recieve the discount , i do but my hubby doesnt but we are both disregarded.

CIS

Other than those two conditions my local council criteria is that the person being cared for can not ever live on their own.

If your Local Authority are adding in extra criteria then they are acting outside of legislation - they have no delegated powers to alter the disregard criteria.

Craig

System

CIS wrote: »

If your Local Authority are adding in extra criteria then they are acting outside of legislation - they have no delegated powers to alter the disregard criteria.

Craig

I don't believe this is an extra criteria the whole point of the discount is to help people with SMI which by definition suggests they can not fend for themselves.

CIS

CHRISSYG wrote: »

I don't believe this is an extra criteria the whole point of the discount is to help people with SMI which by definition suggests they can not fend for themselves.

If the council are adding it in as a condition, criteria or whatever it can be termed then they are acting outside of the legislation.

Regardless of the original intention of the reduction (and I don't believe the legislation matches the intention but the wording is what must be applied) the legislation makes no provision for a person to have to meet any criteria etc of being unable to look after themselves etc.

Providing a person meets the stated criteria given in legislation then the council cannot introduce or apply any other conditions to awarding the disregard, to do so would be acting ultra vires and probably a good case for maladministration.

Craig

UKTigerlily

CHRISSYG wrote: »

I don't believe this is an extra criteria the whole point of the discount is to help people with SMI which by definition suggests they can not fend for themselves.

They state that they reduce it by 100% if the person lives alone, and it's definitely possible to fend for yourself, as if you have no family or friends you have no choice, it doesn't mean that you're fending for yourself as you should be though eg a neighbour lives alone & is a hoarder & unable to cook or do much at all

CIS

UKTigerlily wrote: »

They state that they reduce it by 100% if the person lives alone, and it's definitely possible to fend for yourself, as if you have no family or friends you have no choice, it doesn't mean that you're fending for yourself as you should be though eg a neighbour lives alone & is a hoarder & unable to cook or do much at all

Yes, a Class U exemption if the SMI individual lives alone (or all the occupiers are SMI).

Craig

mpf185

The following is my attempt at explaining the criteria based on the legislation and definition of the words.

Apply to your own situation.

An individual is considered severely mentally impaired if they have severe impairment of intelligence and social functioning that appears to be permanent.

To qualify for a disregard, or an exemption if the person is the only adult occupier, a person must be receiving at least one of the following benefits AND their doctor will need to confirm that their condition meets the definition above:

Incapacity Benefit
Attendance Allowance
Severe Disablement Allowance
Care Component of a disability living allowance either the highest or middle rate
Increase in rate of disability pension where constant attendance needed
Disability element of Working Tax Credit or Child Tax Credit
Constant Attendance Allowance
Unemployability Supplement
Income Support which includes disability premium
Employment Support Allowance
Personal Independence Payment (Living component)

Severe impairment of intelligence = a condition that reduces the brains capacity to comprehend and utilise information and has a significant effect on a persons lifestyle

Severe impairment of social functioning = a condition that reduces the brains ability to communicate and/or behave appropriately causing a reduced ability to function socially and has a significant effect on a persons lifestyle

CIS

I would add that there is no definition within council tax legislation itself of what the impairment of social functioning or intelligence actually is so if anyone wants to look it up they'll not find it within that and they need to look at the medical definitions as above.

To qualify for a disregard, or an exemption if the person is the only adult occupier,

Just to clarify that the exemption can apply if there are other adults in the property - the person who is SMI doesn't have to be the sole occupier in every case, there are exceptions.

Craig