Carer's Discount, Council Tax

Briskly

I've just managed to find this:
https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/322906/Relatives_Property_Disregard_Guidance_final.pdf

para 15 on page 7 says the property must be disregarded if it is the main residence of the relative over 60. So it seems I should be ok as my Mum's property is my main residence.  Does this make sense or is one still at the whim of a council official?

lincroft1710

Briskly said:

I've just managed to find this:
https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/322906/Relatives_Property_Disregard_Guidance_final.pdf

para 15 on page 7 says the property must be disregarded if it is the main residence of the relative over 60. So it seems I should be ok as my Mum's property is my main residence.  Does this make sense or is one still at the whim of a council official?

This appears to relate to care home fees not Council Tax. Borne out by the fact that it refers to a case concerning Worcestershire County Council, who wouldn't issue CT bills. This would be done by the District and Borough Councils within the county.

fatbelly

Try this

https://www.legislation.gov.uk/uksi/1992/558/article/3/made

fatbelly

You won' t be able to just declare an address as your main residence. If you want to go down that route then there needs to be some evidence. i suggest that you get on the electoral roll at that address, and register to a local gp surgery.

Briskly

Thanks again guys - looking at that legislation it looks like for the class J exemption it can be sole or main residence - since Mum's address has been my main residence for over 10 years now I hope I have a good case. I've had a postal vote from my address sent to Mum's for that length of time - reluctant to register for a local GP - first because they are mostly not taking anyone on at the moment and second because I have some long term unusual health matters that my local surgery is used to and I  have telephone consultations, maybe one or two a year.  My bank account and car has been registered at Mum's since 2010, if that helps. I don't know how long you can go back with a claim - anyone know?

The care home fees are another matter I would like to get sorted. I really should have sold my house but have been too pre-occupied caring to have enough time to organise it - I can barely spend a day there every 6 weeks or so. I realise Mum's savings will all go for care if she has to go into a home but was hoping the family home could be spared - as it would be as I'm over 60. The Dept Of Health advice say that there is a disregard if an over 60 relative has it as their main residence, which it is!

macman

IIAC, you are still on the electoral roll at your own address, not your mum's?
'Main residence' is not simply defined by how you divide your time between the two properties. There is no statutory definition, and it's a complex area  defined only by case law. Factors such as GP, dentist, where your possessions are kept etc are all factors.

comeandgo

Be careful you are not opening a can of worms, if you claim your mums address is your main address what does your council charge for empty properties which your own house would then become.

fatbelly

comeandgo said:

Be careful you are not opening a can of worms, if you claim your mums address is your main address what does your council charge for empty properties which your own house would then become.

It gets a class J exemption, while mum is being cared for at her home address by the op.

If this thread is going to move to a discussion of care fees, i'm going to opt out. I used to be very familiar with the old legislation but the Care Act moved the goalposts. If you are looking for guidance online make sure it relates to the new law.

Macman's comments are very relevant. To protect a family property i had to write a 20page letter,with around 20 attachments, and involve a senior councillor. The case was more straightforward than yours but the councilr were reluctant to give in. I did win in the end but it took a lot out of me.

The electoral roll evidence is important because you are using one arm of the council to prove your case to another.

Briskly

Thanks again guys. I'll stop here about the care fees as the Council Tax is the main issue!  I guess I'd better wait until the Council get back to me clearly about the exemption before I switch to the the electoral roll at Mum's address in case I start to get clobbered for tax here.....

Briskly

I'm starting to get cold feet about all this - the councils seem so uninformed and hostile. Do you think it is worth trying?