Council Tax Discount for SMI

pete_r

This weeks news letter includes an updated report on how those with SMI can get a reduction in CT.

To qualify you have to be certified as SMI and be eligible for (but NOT necessarily actually receiving) at least one of a range of benefits.

The question I have is if you are NOT in receipt of any of the qualifying benefits how do you prove you are entitled to them? Does it mean you must have applied and are awaiting approval or is there some other way of proving it? Getting some of the benefits is a long and difficult process surely the Local Authority would not be able to make a decision on qualification for any of them?

Thanks:)

Placitasgirl

I recently applied for SMI Disregard for my father who has Alzheimers Disease. A key element of the application process was a form which his Local Authority provided, which was to be completed and signed by his GP/Consultant. The GP/Consultant was asked to state the date the patient was diagnosed with an SMI.

I believe that even if a qualifying benefit were not being claimed, this type of form is quite widely used by Local Authorities to verify the date of diagnosis and the date from which the applicant would have qualified for a qualifying benefit and for SMI disregard.

I hope that's a help.

pete_r

Thanks for the reply.

I am fine with the LA forms and a Dr signing for SMI.

However the rules say you need that and also the qualifying benefit entitlement. Are you saying you did not need to get that?

CIS

I believe that even if a qualifying benefit were not being claimed, this type of form is quite widely used by Local Authorities to verify the date of diagnosis and the date from which the applicant would have qualified for a qualifying benefit and for SMI disregard

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Most local authorities have a form to gather the information regarding the SMI side from the Dr but that ultimately means nothing if the benefit criteria cannot be met.

Proof of entitlement is very difficult if you're not actually in receipt of a qualifying benefit. The valuation tribunal will usually set the level of proof to a letter from DWP - DWP have a general policy of not dealing in hypotheticals so will not confirm that there was an entitlement, only whether or not a claim was paid.

pmlindyloo

pete_r wrote: »

This weeks news letter includes an updated report on how those with SMI can get a reduction in CT.

To qualify you have to be certified as SMI and be eligible for (but NOT necessarily actually receiving) at least one of a range of benefits.

The question I have is if you are NOT in receipt of any of the qualifying benefits how do you prove you are entitled to them? Does it mean you must have applied and are awaiting approval or is there some other way of proving it? Getting some of the benefits is a long and difficult process surely the Local Authority would not be able to make a decision on qualification for any of them?

Thanks:)

Is this a hypothetical question?

There may be reason why someone is not in receipt of a qualifying benefit. For example, they were claiming a benefit but they received an inheritance and were no longer able to receive any actual benefit. They would still be eligible for it thus meeting the criteria for the SMI disregard.

I cannot think of many circumstances where someone who was severely mentally incapacitated would not be receiving DLA/PIP/AA for example.