Smi

AnnAnd_3

My brother has MS, epilepsy, had a brain operation due to a seizure which resulted in a fractured skull and brain bleed. Due to this he has a very poor memory. He lived with me until 3 years ago when he moved into a flat in sheltered housing. Would he be entitled to claim SMI? He does receive PIP and ESA.

kingfisherblue

SMI - Severe Mental Impairment? So that no council tax is payable?

If this is what you mean, he needs to have a form from the council and ask his doctor to sign it (if the doctor agrees that your brother is severely mentally impaired). I've just spoken to my son's GP about this, as my son has a severe learning disability. I'm dropping the form into the surgery later this week.

Or - Support for Mortgage Interest? Something completely different, and I'm afraid that I don't know enough about it to advise.

trigger_fish

kingfisherblue wrote: »

SMI - Severe Mental Impairment? So that no council tax is payable?

If this is what you mean, he needs to have a form from the council and ask his doctor to sign it (if the doctor agrees that your brother is severely mentally impaired). I've just spoken to my son's GP about this, as my son has a severe learning disability. I'm dropping the form into the surgery later this week.

Or - Support for Mortgage Interest? Something completely different, and I'm afraid that I don't know enough about it to advise.

I wondered that as well. But seen as he is moved/moving into sheltered accomodation then it seems extremely unlikely he has a mortgage.

IAmWales

trigger_fish wrote: »

I wondered that as well. But seen as he is moved/moving into sheltered accomodation then it seems extremely unlikely he has a mortgage.

Sheltered housing can be privately owned units.

But given they've just rehashed the severe mental impairment article I'd assume that also.

Given that he is on benefits, is he not already in receipt of CTB?

Mersey_2

smi was featured on the Martin Lewis Money Show on ITV last night, so there's been quite a few queries re this in various sections of the MSE forums today.


It mainly listed dementia and strokes re conditions, but did also mention the recent change meaning that widows and widowers can apply to reclaim Council Tax paid if their late husband or wife qualified or this 100% discount (or 25% discount as Martin explained on the show).


Sadly reclaiming ie backdating claims for 100% rebates remains 'a postcode lottery' at the moment, but Martin said he has asked the DCLG to issue guidance to councils, as at the moment some are backdating, others are refusing, but in many, staff just seem unaware of smi at all.

CIS

There should be no issues with backdating, the (now former) valuation tribunal president Professor Zellick Q.C. did oversee quite a few cases on backdating. If it went to a tribunal then they should follow the President's previous decisions over how the legislation is to be interpreted - the last tribunal case that I worked on did acknowledge that backdating should be applied as the President had previously determined. What it really needs is a High Court case to make a ruling which would then be 100% binding.

Due to this he has a very poor memory. He lived with me until 3 years ago when he moved into a flat in sheltered housing.

Is it a flat he's living in by himself or is it shared accommodation ?

CIS

It mainly listed dementia and strokes re conditions, but did also mention the recent change meaning that widows and widowers can apply to reclaim Council Tax paid if their late husband or wife qualified or this 100% discount (or 25% discount as Martin explained on the show).

There's not been any legislative changes in how the reduction can be claimed or applied for - not sure what they are referring to as 'recent changes'.

Mersey_2

Re backdating - Yes, I agree. However I think the point was more that Councils both weren't advertising the smi rebate on their websites, as well as the fact that some Councils are point blank refusing to backdate claims when asked.


Re widows/widowers - I didn't record the MLMS, but yes, Martin Lewis definitely referred to a recent change (I think he said Oct but could be wrong), whereby a Govt Minister confirmed that they will now be able to claim rebates retrospectively if their late partner would have qualified for the rebate.

kingfisherblue

trigger_fish wrote: »

I wondered that as well. But seen as he is moved/moving into sheltered accomodation then it seems extremely unlikely he has a mortgage.

I assumed that the OP meant Severe Mental Impairment, hence that being the first part of my answer, but then realised that it could possibly mean mortgage interest (even if it's unlikely). That's why I queried it - after all, it could be that the OP's brother had a mortgage before his illness, and has been paying it all this time. Moving into sheltered housing might have prompted the question as to whether he is receiving any help.

Poor memory, of course, does not necessarily mean severe mental impairment.

kingfisherblue

Mersey wrote: »

Re backdating - Yes, I agree. However I think the point was more that Councils both weren't advertising the smi rebate on their websites, as well as the fact that some Councils are point blank refusing to backdate claims when asked.


Re widows/widowers - I didn't record the MLMS, but yes, Martin Lewis definitely referred to a recent change (I think he said Oct but could be wrong), whereby a Govt Minister confirmed that they will now be able to claim rebates retrospectively if their late partner would have qualified for the rebate.

Do you have a link for further information please Mersey? My dad had dementia, but I don't think that any of us had ever heard of SMI. It's some years since my dad passed away, and I assume that they will only backdate to a specific date, hence my query.

Thanks x

CIS

kingfisherblue wrote: »

It's some years since my dad passed away, and I assume that they will only backdate to a specific date, hence my query.

Thanks x

The previous Valuation Tribunal President (Prof. Zellick) found that the '6 year limit' under the Limitation Act gives rise to when the claim needs to made rather than how far back it can go. The '6 year period' starts ticking from when a person could be aware that a claim could be made, once that is met then backdating can be applied for and granted. If you can construct the right technical argument then it will help you case.

As Prof. Zellick said "The requirement to make a refund of council tax going back some 20 years may seem odd, but it is not the only odd feature of council tax law"

Best way to go is to apply and then take any fight on, if it arises.