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Prove eligibility for a qualifying benefit to backdate council tax exemption

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Prove eligibility for a qualifying benefit to backdate council tax exemption

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Hi all I have applied to Barking Council for Council Tax disregard/exemption  for my mother under the SMI rule which they have accepted. She has Alzheimer's. However they won't backdate the claim unless I can prove she was entitled to a qualifying benefit  (attendance allowance) before we actually applied for it. Any idea how I prove she was entitled? Thank you in anticipation of your help

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  • pmlindyloopmlindyloo Forumite
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    Hi all I have applied to Barking Council for Council Tax disregard/exemption  for my mother under the SMI rule which they have accepted. She has Alzheimer's. However they won't backdate the claim unless I can prove she was entitled to a qualifying benefit  (attendance allowance) before we actually applied for it. Any idea how I prove she was entitled? Thank you in anticipation of your help
    See bolded.
    Do you mean she is receiving AA now but was eligible for it before you actually applied for it or are you referring to the SMI and she doesn't actually receive AA?
    An interesting question either way.
    These are the criteria for AA (see below) so I would suggest that you need evidence from a medical professional about her needs with date of when those needs started.  Perhaps her doctor/social worker/carer(s) during this time could write a letter setting out the date and her care needs which would, in their opinion, make her/would have made her eligible.
    https://www.ageuk.org.uk/information-advice/money-legal/benefits-entitlements/attendance-allowance/
    Note that she does not have to be in receipt of the qualifying benefit only eligible for it.
    Others may have more suggestions.
  • edited 28 May at 11:35AM
    calcotticalcotti Forumite
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    edited 28 May at 11:35AM
    The short answer is that it's very hard to do. Despite the provision for someone to be entitled to the SMI disregard if they are eligible for a disability benefit even if not getting it local authorities quite reasonably say that they are not qualified to assess whether someone would have qualified for a benefit had they applied for it. In truth nor is a GP or medical professional.

    Local authorities have no way of knowing if a claimant is eligible for a relevant benefit unless they are actually receiving it. They are not in a position to make that assessment.

    See what CIS (who is very knowledgeable in such matters) said here https://forums.moneysavingexpert.com/discussion/comment/76598086/#Comment_76598086
    Information I post is for England unless otherwise stated. Some rules may be different in other parts of UK.
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