SMI query - impact elsewhere?

neXta17

Hi all

We're going through the process of claiming SMI due to my partner's MS - no issues with local council sending out the paperwork.

When we've visited the MS specialist at the hospital, they would sign the form but weren't happy to until we'd checked that by claiming the SMI reduction, it wouldn't have an impact anywhere else - for example, having my partner's driving licence revoked?!

I can't see that this would be the case but has anyone had an experience of the SMI claim impacting them elsewhere so that we can make an informed decision?

Thanks 😁

elsien

I believe he has to inform the DVLA of an  MS diagnosis anyway, and they will assess on his individual circumstances.

https://www.gov.uk/multiple-sclerosis-and-driving#:~:text=You%20must%20tell%20DVLA%20if,condition%20that%20affects%20your%20driving.

Whether having something that says he already has a severe mental impairment will make any difference to that, I don’t know.

neXta17

Thank you and yes, she's disclosed her MS to the DVLA so no issues there.

I'm not sure if it's the use of the word 'severe' that's putting them off signing the form. It sounds like there's a certain 'level' of MS she should have in order to provide their signature.

elsien

I think the difficulty is that on the face of it, if you are saying that someone’s intelligence and cognition is severely impaired, then there has to be a query about the impact on their driving.

So you could have a GP on the one hand saying she needs the discount because the impairment is so great but on the other hand that driving isn’t a problem. To the lay person it does seem like a contradiction in terms. Which may be why her team is asking the question.

sheramber

What are the symptoms of  her ‘ severe mental impairment’.?

DVLA ask 

Do you need help from another person with your day to day living?

If Yes to Q6 please continue to 6a/b. If No to Q6 go to 7.

6a Do you rely on another person for remembering to attend appointments or take required medication?

6b Do you rely on others or require help to operate household appliances e.g. washing machine, cooker etc?

Did she answer ‘no’ to these questions?

Spoonie_Turtle

neXta17 said:

Thank you and yes, she's disclosed her MS to the DVLA so no issues there.

I'm not sure if it's the use of the word 'severe' that's putting them off signing the form. It sounds like there's a certain 'level' of MS she should have in order to provide their signature.

It's not a certain level of MS overall, it's about mental impairment.

The legal definition is
For the purposes of the Local Government Finance Act 1992 a person is severely mentally impaired "if he/she has a severe impairment of intelligence and social functioning (however caused) which appears permanent."

A few councils also have this on their forms:
In making a judgment on whether someone is severely mentally impaired it may be helpful for doctors to know the reason for discount from the council tax. The aim of the council tax is to give taxpayers a direct stake in the spending decisions of local authorities. Clearly this kind of accountability is much less successful in the case of a person who is severely mentally impaired to such an extent that he or she does not have an understanding of local issues. 
One such source here https://www.barnsley.gov.uk/media/17536/council-tax-smi-discount.pdf

neXta17

Thanks for all the responses and sorry I've been slow to reply. It's a difficult one to answer because there are days when she doesn't feel well enough, so doesn't drive, etc (and she hardly does anyway) and I solely do all the household duties anyway as this physically and mentally exhausts her.

It's so up and down that I can understand why the specialist is unsure on the response to give.

Thanks all.