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SMI Council Tax

I am currently in receipt of ESA and DLA  low rate care and mobility. I get a council tax discount because of SMI on the basis of receipt of ESA. I have been debating whether I should ask for a PIP review because of deterioration. I got a letter from my CPN years ago that I never sent off because I was frightened I'd lose what DLA has been awarded. I wonder if I should do this now.

 Is it true that if I am in receipt of Retirement Pension if I don't get PIP care, I lose the SMI reduction in Council Tax? Or does  the Retirement Pension following on from the ESA count as a qualifying benefit because it's a follow on benefit, and I could still get it? 

I hope this makes sense.

Comments

  • calcotti
    calcotti Posts: 15,696 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    edited 27 July 2021 at 6:07PM
    When you get to pension age your ESA ends and you will receive State Pension (and possibly Pension Credit). It makes no difference to PIP or SMI.
    {EDIT - misread opening post. My reply doesn't address OP's situation}
    Information I post is for England unless otherwise stated. Some rules may be different in other parts of UK.
  • mad_spaniel
    mad_spaniel Posts: 220 Forumite
    Part of the Furniture 100 Posts Name Dropper
    So the SMI reduction on Council Tax would continue even if I get only Retirement pension and DLA low rate care/mobility/ no PIP? Is there anything you could point me to anything official  that confirms that? Thanks for replying. Sorry for being thick.
  • calcotti
    calcotti Posts: 15,696 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    So the SMI reduction on Council Tax would continue even if I get only Retirement pension and DLA low rate care/mobility/ no PIP? Is there anything you could point me to anything official  that confirms that? Thanks for replying. Sorry for being thick.
    You are not being thick at all. Rather it's me - my apologies, I misread you post. Please ignore my previous reply.
    In considering whether or not to apply for PIP one thing to consider is that once you reach pension age it would not be possible to increase your mobility award so if you think you would qualify for enhanced rate mobility it might be worth applying before reaching pension age.
    The answer to the question you actually asked - I don't know but based on needing to have a claim for certain specified benefits it does look as if (although not logical) you could lose the SMI discount when the ESA ends. Could you, or someone on your behalf, speak to your local authority?
    Apologies again.
    Information I post is for England unless otherwise stated. Some rules may be different in other parts of UK.
  • CIS
    CIS Posts: 12,260 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    To receive the SMI disregard you must be in receipt of a qualifying benefit (or otherwise have DWP confirm you are entitled - which they won't do unless you have a successful claim).

    If, at pension age, you were no longer in receipt of a qualifying benefit then the disregard would cease. The qualifying benefits are shown here.
    I no longer work in Council Tax Recovery but instead work as a specialist Council Tax paralegal assisting landlords and Council Tax payers with council tax disputes and valuation tribunals. My views are my own reading of the law and you should always check with the local authority in question.
  • mad_spaniel
    mad_spaniel Posts: 220 Forumite
    Part of the Furniture 100 Posts Name Dropper
    Thank you Calcotti and CIS
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