ESA and severe mental impairment

mad_spaniel

I was on Invalidity benefit then eventually ESA contribution based(Support group) I was awarded the SMI several years ago, backdated to 2013, based on an old Incapacity award letter I found from 2007. I have claimed either Incapacity or ESA continuously since 2001.


My local authority website still refers to the qualifying benefit for SMI as Incapacity benefit. I am left wondering, " should I still be getting this? "

Some local authority websites that I have looked at in the UK seem to have no problem paying, based on an ESA award. Is it just the case that my local authorities' website is outdated?


The moneysaving guide refers to 'eligible but not receiving a qualifying benefit.' Am I ok to carry on getting the SMI under this route?


What Regulation actually stipulates 'eligible but not receiving,' that I can quote with the local authority, if I need to?

I've tried to make the post too garbled, but I'm very worried I may owe thousands in council tax.

Alice_Holt

Likely to be that your LA's website is not very clear.

From the MSE guide:

"Who is eligible for the severe mental impairment discount?

Both of the following must apply for someone to qualify for a severe mental impairment (SMI) council tax discount:

They've been medically certified as being severely mentally impaired. For example, this may be the case if they have dementia, Parkinson's, severe learning difficulties or have had a stroke. It will depend on each individual’s case though and simply having been diagnosed doesn’t automatically mean they qualify - a doctor must also certify they are severely mentally impaired.

They're eligible for (but NOT necessarily actually receiving) at least one of the following benefits:
Incapacity benefit
Attendance allowance
Severe disablement allowance
Disability living allowance (higher or middle-rate care component)
Increase in disablement pension (due to constant attendance being needed)
Unemployability supplement or allowance
Constant attendance allowance
Income support (which includes a disability premium)
Personal independence payment (standard or enhanced daily living component)
Armed forces independence payment

In England and Wales you can also be eligible for:
Disability working allowance (based on getting income support including disability premium)
Universal credit (including an element for limited capability for work or limited capability for work and work-related activity)

In Scotland you can also be eligible for:
Tax credits (including disability element)
Employment and support allowance
Universal credit
Just to be clear, some councils wrongly tell people they need to be receiving these benefits. That's not correct – the law simply says you need to be eligible for them."

The legislation is detailed here:
http://www.legislation.gov.uk/ukpga/1992/14
Para 6.

Also : https://www.mentalhealthandmoneyadvice.org/en/welfare-benefits/can-i-claim-welfare-benefits-if-i-m-living-with-a-mental-illness/council-tax-exemptions-and-support-to-pay/

mad_spaniel

Thanks. I was going into a blind panic, thinking I owed thousands, and extrapolating the consequences. Such is the beast, when you have a severe mental health problem.

CIS

Councils aren't great with updating the details - I've had the ESA argument more than once for clients of mine.

All councils in England should be using the same (they have no powers to vary the disregard qualifying details).