Council Tax question

Steve_xx

poppy12345 wrote: »

It's not possible to claim AA and DLA at the same time.

There's a letter to say she gets from April

DLA - Care component 87.65
Mobility component 61.20

I'd confused AA with Care Component I reckon!

poppy12345

Two of them work full time, why would they be disregarded?

Steve_xx

poppy12345 wrote: »

Two of them work full time, why would they be disregarded?

I'm not sure why they would. This is what I am trying to ascertain. I am wondering whether all of them could be disregarded because they are carers. I cannot see anything in any published text that defines that just one carer person may be disregarded. Can you find any such text?

Steve_xx

I may have stumbled across the answer to my own question. Here is an excerpt and a link. Note the highlighted text where it seems that there could be more than one carer, but perhaps not more than two:

https://www.carersuk.org/help-and-advice/financial-support/help-with-household-finances/council-tax-rate-relief

Carers

To be ‘disregarded’ as a carer, you must meet all the following criteria:

you must provide care for at least 35 hours a week

you must live in the same property as the person you care for

you must not be the spouse or partner of the person you care for, or their parent if you care for a child under 18

the person you care for must be getting either the middle or higher rate of the care component of Disability Living Allowance (only the higher rate in Scotland), the daily living component of Personal Independence Payment at any rate (only the enhanced rate in Scotland), Attendance Allowance at any rate (only the higher rate in Scotland), Armed Forces Independence Payment or the highest rate of Constant Attendance Allowance

You do not have to claim Carer’s Allowance to qualify for this discount, and your income and savings will not affect your eligibility. If there is more than one carer in the property, they can both be disregarded for council tax purposes as long as they all meet the conditions.

elsien

So all three are claiming to be caring for aunt for 35 hours a week each?
That would seem to be stretching it a little.

Steve_xx

elsien wrote: »

So all three are claiming to be caring for aunt for 35 hours a week each?
That would seem to be stretching it a little.

No, all three are not claiming. The question is, can they claim?

What exactly are you driving at in your mention of "stretching"?

elsien

I was looking at the criteria you quoted, that to be disregarded the carer must be caring for at least 35 hours a week. I read that as each carer.

I was querying whether the two in full time work were in reality providing that level of care a week each on top of the care provided by the grandson. Because if not then they would indeed be stretching the truth in order to get the discount.

Steve_xx

elsien wrote: »

I was looking at the criteria you quoted, that to be disregarded the carer must be caring for at least 35 hours a week. I read that as each carer.

I was querying whether the two in full time work were in reality providing that level of care a week each on top of the care provided by the grandson. Because if not then they would indeed be stretching the truth in order to get the discount.

No, no. Nobody is stretching the truth here. A person with dementia and no mobility at all requires care for 24 hours per day. My aunt was in a care home for a very short period after breaking both of her legs.

However, so poor was the care there that her daughter decided she must come home, despite having lost all mobility. So daughter and grandsons and other family members very admirably ensure that she has proper care.

Therefore your "stretching" comment is actually a lot more than hurtful. Though I'm sure that is not what you intended, it does demonstrate that your personal knowledge and understanding of the condition is greatly lacking.

calcotti

There may be more than one carer in a property however I still think it unlikely that more than one person will be accepted as a carer for the same person. I think the text envisages Carer’s who are caring for different people. That would be consistent with all other benefits.

CIS

Steve_xx wrote: »

No, all three are not claiming. The question is, can they claim?

What exactly are you driving at in your mention of "stretching"?

Within council tax legislation there is nothing to prevent multiple carers for one individual - providing the relevant criteria met. The legislation is open enough to recognise a person may need multiple carers.

The hours criteria is only 35 hrs per week, minimum - there are 168 hrs in a week, so 4 people in a property could each take turns and the hrs requirement could still be met.


One issue that I see regularly, and have to dispute for clients far too often, are local authorities who make their own rules. Hopefully it'll not come to that. If they meet the requirements I would suggest making the application. If they refuse then it can be taken to a tribunal.