Backdating Council Tax Exemption Severely Mentally Impaired Effect on other benefits

gray1404

BorisThomson wrote: »

That makes no sense. It is possible that since the changes in 2013 that your LA imposed a capital limit of £6000, we'd need to know your local authority to be sure. However before that the claimant would have been subject to the normal rules and if he had less than £16000 he would have qualified for some assistance.

Has his capital been higher in the past?

The local authority do impose a upper limit of £6000 for help with council tax.

gray1404

teddysmum wrote: »

There is no penalty if getting a refund increases capital and so decreases some benefits (until capital is legitimately reduced) , as previously benefits will have been higher because they were based on lower net income, reduced by council tax paid.

I don't quite understand this. Are you saying he has been better off paying the council pay or, if he gets a refund, they will not be able to reduce his other benefits?

teddysmum

gray1404 wrote: »

I don't quite understand this. Are you saying he has been better off paying the council pay or, if he gets a refund, they will not be able to reduce his other benefits?

Neither.


The OP seems to think that the person will lose out on current benefits if they back claim ,but when paying too much they could have had higher benefits because the possible savings were lowered as some were used for the CT bills or income was calculated taking essential bills into account.


If any benefit is lost through gaining a refund (this would only be until the savings level dropped to the current level)
,it would only be equivalent to any gained previously.

gray1404

We visited the Citizens Advise this past week. Two things:

1. They said that any backdating payments would be disregarded for one year so would not effect current Housing Benefit or ESA claims if spent in that time on things that are reasonable.

2. I would like some help here: they said it is up to each local council how long they back date for and the local council may not back date as long as expected.

And just to confirm, yes, the aim here is to try and backdate as long as possible (given that my disabled family member could have avoided paying council tax all this time). They are merely asking for their own money back which they have paid out already. Also, the aim is defiantly to avoid loosing out of any current benefit too.

bigbulldog

Hope you don't come under Tunbridgewells Borough Council.:(

CIS

2. I would like some help here: they said it is up to each local council how long they back date for and the local council may not back date as long as expected.

Not really - the council have should be backdating as far as legislation requires (which is as long as the circumstances are met as they have not powers to disregard legislation) however some local councils artificically try and restrict the backdating to suit their own needs. If they do then appeal to a valuation tribunal.

Craig

gray1404

Community Mental Health Team has provided letter confirming conditions (ADHD, dyslexia, Aspergers Syndrome and dyspraxia) along with details of how this effects him and requesting backdating. Is this worth enclosing with GPs form or is it not needed?

CIS

gray1404 wrote: »

Community Mental Health Team has provided letter confirming conditions (ADHD, dyslexia, Aspergers Syndrome and dyspraxia) along with details of how this effects him and requesting backdating. Is this worth enclosing with GPs form or is it not needed?

It shouldn't be needed but can't do any harm.

Craig

gray1404

Was just worried they might start saying the condition is not severe enough, even though GP has signed the other form?

CIS

gray1404 wrote: »

Was just worried they might start saying the condition is not severe enough, even though GP has signed the other form?

Potentially they could and force the issue to a valuation trribunal but very few councils will ever intervene in the Dr's medical decision.