Take care when applying for the severely mentally impaired person Council Tax Discount

calcotti

SaucySecrets said:

I had a nightmare with SMI for mental health issues a few years ago...
To clarify, you're a live-in carer for someone who was an ex-employee and is not related to you. You're not paid at all for caring for him, and you've moved into his house. All correct so far? 
This sounds like it should apply, and nullify you too: https://www.turn2us.org.uk/Benefit-guides/Council-Tax-Discounts/Carers#:~:text=Carers-,Carers,35%20hours%20per%20week%20care.&text=The%20person%20you%20care%20for%20can't%20be%20your%20husband,partner%20or%20child%20under%2018.

This goes to the same webpage referenced by me in the third post in this thread.

madcarer

The person that I am a carer for had a complete meltdown mentality as there was a group of very undesirable people who pressured him relentlessly for money whenever I wasn’t there. So we moved from Manchester toBlackpool.
He wanted to move near the sea so we took a joint tenancy on a dormer bungalow. I have the ground floor and he has the upper floor 2 rooms + his own on-suite.  Giving him some sense of independence.

CIS

madcarer said:

The person that I am a carer for had a complete meltdown mentality as there was a group of very undesirable people who pressured him relentlessly for money whenever I wasn’t there. So we moved from Manchester toBlackpool.
He wanted to move near the sea so we took a joint tenancy on a dormer bungalow. I have the ground floor and he has the upper floor 2 rooms + his own on-suite.  Giving him some sense of independence.

So, as joint tenants you are ordinarily jointly liable under s6(2) & s6(3) of the LGFA 1992.

On the basis of him being as SMI then, under s6(4) of the LGFA 1992 he cannot be held joint liable and you therefore fall liable for the council tax charge with a 25% discount of the overall charge.

What has happened to you so far is exactly how it is supposed to work.

What rate of PiP is he actually on ?

madcarer

Just spoke to Blackpool Council Tax team. I had major problems getting through security, as they have now said that I’m not on the Council Tax bill but the person that I care for is now liable for 75% of the Council Tax!!! I have one email telling me that I have been awarded 25% Carers allowance, and a second saying that I have been awarded the 25% single occupancy. Now they maintain that you get either one or the other but not both! 

madcarer

He’s on the Enhanced Rate of PIP.
 I find it hard to believe that the carer gets punished for being a carer.

Icequeen1

madcarer said:

Just spoke to Blackpool Council Tax team. I had major problems getting through security, as they have now said that I’m not on the Council Tax bill but the person that I care for is now liable for 75% of the Council Tax!!! I have one email telling me that I have been awarded 25% Carers allowance, and a second saying that I have been awarded the 25% single occupancy. Now they maintain that you get either one or the other but not both! 

Before you claimed the SMI reduction - whose name was on the council tax and were any discounts applied? As CIS says, if you are joint tenants then the starting point is that you are jointly liable. It sounds like there is an error if you aren't on the council tax. 
From there, with SMI he will not count as an adult. That means only you are an adult for council tax and so you pay 75% and get a 25% single person discount. If you class as a live in carer then you might not count as an adult either. I think in that case though there is still a minimum of 50% to be paid (see https://www.gov.uk/council-tax/who-has-to-pay)

madcarer

Wow many thanks for that gov link about who does not count  for council tax:

• people with a severe mental impairment
• live-in carers who look after someone who is not their partner, spouse, or child under 18

That would seem to be the piece of information that I can use to fight the Council.

calcotti

madcarer said:

Wow many thanks for that gov link about who does not count  for council tax:

• people with a severe mental impairment
• live-in carers who look after someone who is not their partner, spouse, or child under 18

That would seem to be the piece of information that I can use to fight the Council.

Which is the information I posted at 1 o'clock

CIS

madcarer said:

Just spoke to Blackpool Council Tax team. I had major problems getting through security, as they have now said that I’m not on the Council Tax bill but the person that I care for is now liable for 75% of the Council Tax!!! I have one email telling me that I have been awarded 25% Carers allowance, and a second saying that I have been awarded the 25% single occupancy. Now they maintain that you get either one or the other but not both! 

And that is certainly incorrect - s6(3) of the LGFA 1992 prevents a joint tenant who is SMI from being held liable with a tenant who is nor SMI.

The correct situation is that you are both disregarded - SMI and Carer respectively - to give a 50% 'double disregard' and you fall liable as the 'non-SMI' tenant.

Believe me when I say many council's do not train their staff properly for basic issues such as this - I've worked in council tax for the best part of 20 years (for a council and currently as an independent advisor) and the situation is no better than it was when I first started.

calcotti

Icequeen1 said: I think in that case though there is still a minimum of 50% to be paid (see https://www.gov.uk/council-tax/who-has-to-pay)

I didn’t know the minimum 50% rule.