Council tax discounts for ‘severe mental impairment’

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  • bikeman
    bikeman Posts: 318 Forumite
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    edited 28 October 2020 at 5:43PM
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    Yes it all sounds so easy... get a form, fill it out. Well not in my experience with Lewis & Eastbourne.

    Firstly if you don't live in the same area the council wont send you a form. Secondly, after much argument you get the form.
    Then it's fun and games because their GP wont complete the form.
    Finally, they give in and you then get told by the council that without an LPA they wont process it.
    Meanwhile the SMI continues to pay full council tax.

    They're mentally incapacitated, of course I'm doing it for them - what part of that don't you !!!!!! understand?

    And I expect the overpayment wont be refunded.
  • CIS
    CIS Posts: 12,260 Forumite
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    edited 4 December 2020 at 9:06PM
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    bikeman said:
    And I expect the overpayment wont be refunded.
    I spend a lot of time dealing with SMI cases and refunds, how easy each council is to deal with varies but there is no reason why is shouldn't be refunded as long as the relevant criteria are met.

    I no longer work in Council Tax Recovery but instead work as a specialist Council Tax paralegal assisting landlords and Council Tax payers with council tax disputes and valuation tribunals. My views are my own reading of the law and you should always check with the local authority in question.
  • Yorkstones
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    My wife and I are Shared Lives providers, which basically means that we provide care and accommodation to disabled adults within our own home. All our adults have SMI, however when requesting a Council Tax disregard we were told that we were not eligible because there were two of us (my wife and I) without SMI and therefore not eligible? However we provide more than 35 hours of care per week as the job is effectively 24/7. Are entitled to the SMI disregard? 
  • elsien
    elsien Posts: 32,908 Forumite
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    I think you will need to evidence that each of you gives more than 35 hours of care a week. Do either of you have another job,  because you would probably need to show where your caring hours fit in around any other employment. If both of you care for someone for more than 35 hours a week  I think you should qualify for the discount. 
    All shall be well, and all shall be well, and all manner of things shall be well.

    Pedant alert - it's could have, not could of.
  • calcotti
    calcotti Posts: 15,696 Forumite
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    edited 4 December 2020 at 4:57PM
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    My wife and I are Shared Lives providers, which basically means that we provide care and accommodation to disabled adults within our own home. All our adults have SMI, however when requesting a Council Tax disregard we were told that we were not eligible because there were two of us (my wife and I) without SMI and therefore not eligible? However we provide more than 35 hours of care per week as the job is effectively 24/7. Are entitled to the SMI disregard? 
    You do not have SMI yourselves so you are not entitled to an SMI disregard. There are two of you so you are liable for full Council Tax. As implied by elsien you need to be looking at whether you are entitled to a carer disregard. https://www.carersuk.org/help-and-advice/financial-support/help-with-household-finances/council-tax-rate-relief See the discounts section. I’m not clear that you do qualify.
    Information I post is for England unless otherwise stated. Some rules may be different in other parts of UK.
  • elsien
    elsien Posts: 32,908 Forumite
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    @calcotti shared lives is like long term adult fostering, so would be the primary home for the adults with disabilities living there. 
    All shall be well, and all shall be well, and all manner of things shall be well.

    Pedant alert - it's could have, not could of.
  • calcotti
    calcotti Posts: 15,696 Forumite
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    edited 4 December 2020 at 5:00PM
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    elsien said:
    @calcotti shared lives is like long term adult fostering, so would be the primary home for the adults with disabilities living there. 
    I was deleting the offending sentence as you posted!
    Information I post is for England unless otherwise stated. Some rules may be different in other parts of UK.
  • CIS
    CIS Posts: 12,260 Forumite
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    My wife and I are Shared Lives providers, which basically means that we provide care and accommodation to disabled adults within our own home. All our adults have SMI, however when requesting a Council Tax disregard we were told that we were not eligible because there were two of us (my wife and I) without SMI and therefore not eligible? However we provide more than 35 hours of care per week as the job is effectively 24/7. Are entitled to the SMI disregard? 
    As it stands that is correct - as long as there are 2 adults who are not disregarded then a discount cannot apply. If you can successfully claim the carers disregard for each of you then the 50% discount will apply as they will be SMI and you will be carers.
    I no longer work in Council Tax Recovery but instead work as a specialist Council Tax paralegal assisting landlords and Council Tax payers with council tax disputes and valuation tribunals. My views are my own reading of the law and you should always check with the local authority in question.
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