Carer's council tax disregard 23 September 2021 at 7:11AM in Disability money matters 15 replies 455 views

ThatManFid

I’m interested in other users’ experience in claiming council tax disregard for carers, particularly where two adults are carers.

My LA is insisting that only a carer in receipt of CA is eligible and have awarded the disregard to my wife.

They say that I have not proved I'm a carer because I do not get CA.

I’m currently waiting for a third reassessment based on the no CA requirement and two carers can be disregarded, but they refuse to speak on the phone and only email to say no without conversation.

I am confident I meet the criteria.

Has anyone else had similar issues?

poppy12345

I'm assuming you're caring for a different person that lives in the same property as you?

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.

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

ThatManFid

Yes. My wife and I care for our adult daughter (22YO) and we all live in the same house. My wife receives CA. We both care for her 24 hours a day, so yes more than 35 hours a week.

She was in receipt of DLA and currently PIP at the required rate (the LA has proof of this and awarded her the SMI exemption).

They state I've not proved I'm a carer but not said what proof they require but also seem to query the fact that two disregards should be applied.

It was actually the CarersUK site that lead me to make the application as I only discovered it last month. I've quoted their site and sent a copy of their guide.

I was wondering if this is just my LA which I suspect it is.

poppy12345

As you are both caring for the same person i'm not even sure that the disregard can apply here. I assumed you were each caring for a different person.

I can't find anything online that suggests that this is possible.

ThatManFid

poppy12345 said:

As you are both caring for the same person i'm not even sure that the disregard can apply here. I assumed you were each caring for a different person.

I can't find anything online that suggests that this is possible.

I got it off carers uk website. They have a guide with an example of a married couple both carers for one parent/parent in law. 

Spoonie_Turtle

@CIS Hope you don't mind me tagging you in case you are able to help, please - I don't know if you check this board or not.

Albermarle

Yes. My wife and I care for our adult daughter (22YO) and we all live in the same house. My wife receives CA. We both care for her 24 hours a day, so yes more than 35 hours a week.

She was in receipt of DLA and currently PIP at the required rate (the LA has proof of this and awarded her the SMI exemption).

They state I've not proved I'm a carer but not said what proof they require but also seem to query the fact that two disregards should be applied.

We are in almost exactly the same position, and our LA accepts that both of us can be disregarded for council tax , even though only one of us receives CA and we both look after the same person.

I can not remember if they asked for any kind of proof, but I think  somebody called us from the LA to go through the form. The fact we are both registered as carers with the GP may have helped . At the time I was in full time employment but this was never asked as long as I did minimum 35 hours caring .

We also get the discount as the house is partly adapted, and the cared for person is also disregarded, so we only pay about 40% of the full rate .

Albermarle

From the Carers UK website 

Council tax/ Rate relief - Carers UK

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.

ThatManFid

Thanks @Albermarle it seems it's my LA that's being stubborn. I've quoted what you posted and even sent a copy of the guidance.  It's frustrating knowing you are right only to be told you are wrong without anything to back it up.

[Deleted User]

It seems wrong to me - that a carer cannot claim a council tax disregard - just because they are the spouse (Claiming CA) of a disabled person (receiving DLA/PIP) - when someone can claim it as a parent of an "over 18" child

Surely - if someone is claiming CA - Their income must be low (under £128 per week) and caring for 35 hours per week minimum - then they should receive the benefit of a council tax disregard ... the rules are totally wrong

Spoonie_Turtle

Deleted_User said:

It seems wrong to me - that a carer cannot claim a council tax disregard - just because they are the spouse (Claiming CA) of a disabled person (receiving DLA/PIP) - when someone can claim it as a parent of an "over 18" child

Surely - if someone is claiming CA - Their income must be low (under £128 per week) and caring for 35 hours per week minimum - then they should receive the benefit of a council tax disregard ... the rules are totally wrong

Claiming CA is not necessary for the council tax disregard.  They could be working full-time and still providing care when they're not at work.

Presumably the rationale is that the adult child could be living elsewhere if they didn't need care (or earning, to contribute to the council tax, if they were well), whereas spouses would in most cases be living together anyway, regardless of care needs.  The disregard is completely different from income-based council tax support.