SMI council tax reduction

U254

Dear MSE

I was seriously assaulted at work (Police) in 2018, sustaining permanent and irreversible brain damage.

I recently read and viewed MSE articles on Significant Mental Impairment reduction for council tax.

I submitted my application which has been approved, however I seem to have hit the stumbling block shared by many concerning backdated payments.

I am currently in receipt of Industrial Injuries Disablement Benefit, as this is not subject to means testing I was advised to apply for this while still in service.

The other benefits I receive were applied for after my medical retirement in 2021 and have to be claimed as they are automatically deducted from my pension payments.

Due to the pandemic and reduction in services, medical review/assessments were delayed along with the administrative process of applications.

The resulting delay between benefits approval is 14 months.

My council will only backdate to the ESA benefit I started receiving in March 2022. 

They advise the Industrial Injuries Disablement Benefit is not on their qualifying list, despite all the online guidance I can find saying it should be accepted.

All of my medical reports and decision letters are very specific clearly stating my disablement is a result of the brain damage I sustained in February 2018.

DWP initial assessment 

I am writing about your claim for Industrial Injuries Disablement Benefit. We have decided that the industrial accident on 17 February 2018 has caused you a loss of faculty. By loss of faculty we mean some loss of power or function to a part of your body.

• The loss of faculty is psychological trauma, poor memory.
• You have been assessed as disabled from 2 June 2018 to 28 September 2022 because of the loss of faculty.
• We will pay you — a week from 14 January 2021 to 13 April 2021, and — a week from 14 April 2021 to 28 September 2022

We made this decision after looking at all the information we have, including the report from your medical examination on 28 September 2021.

Your disablement assessment is a provisional assessment. We will ask you to go for another medical examination before this assessment ends.

The law says that we can only pay you Industrial Injuries Disablement Benefit from 3 months before the date of your claim even though you had the accident on 17 February 2018.

DWP final assessment 

I am writing about your claim for Industral injuries disablement Benefit. We have decided that the industrial accident on 17.2.18 has caused you a loss of faculty. By loss of faculty we mean some loss of power or function to a part or your body.

• The loss of faculty is Head injury causing brain bleed and brain injury with ongoing memory problems, psychological trauma 
• You have been assessed as —% disabled from 29.9.22  to Life because of the loss of faculty.

We will pay you — a week from 21.9.22 to Life

We made this decision after looking at all the information we have, including the report from your medical examination on 16.8.22

Your disablement assessment is a final assessment.

How we will pay your benefit

We will pay your benefft into your Bank account every week.

About your medical report

Your assessment takes account of these conditions:

Impaired cerebral function

Impaired Mental health function.

It was disappointing enough to learn my overpayment would not be refunded to the point of diagnosis, but this latest tactic to save money seems and feels wrong to me.

My question is do I accept this decision or is there a case to appeal.

Any assistance is very much appreciated.

peteuk

DWP - have stated it can only be backdated three months from the time of application. Don’t think you can appeal that.  Sorry

huckster

peteuk said:

DWP - have stated it can only be backdated three months from the time of application. Don’t think you can appeal that.  Sorry

Yes it is 3 months max backdate for ESA.

Spoonie_Turtle

That's not OP's question though, I don't think.  They're wanting SMI for council tax to be backdated to … something to do with their IIDB (reading it once was the limit for my brainpower).

U254

Apologies if my query was unclear, I am not trying to claim for any backdated benefits. My enquiry is purely concerning backdated council tax and the Severe Mental Impairment reduction I have been awarded. 

The benefit award I have listed is to demonstrate the dates involved. DWP class my disablement as resulting from my assault in 2018 and they started paying my Industrial Injuries Disablement Award in January 2021. My council advise this benefit is not on their qualifying list and will only backdate to my ESA award in 2022.
I believe this judgement is being administered incorrectly and I seek assistance to strengthen my case.

TimeLord1

Ok let's try again!!

About Council Tax 
Write to the council and formally request a detailed written explanation of why they are refusing to backdate the Council Tax reduction beyond your ESA start date and specifically why they do not consider your Industrial Injuries Disablement Benefit as valid evidence of your SMI from an earlier date. 

Once you've received the decision from the council, you can appeal that decision.

A formal appeal. Once you have their detailed explanation and have gathered your evidence, if you still believe their decision is incorrect, follow their formal appeal process. This should be outlined in their initial decision letter or on their website. Clearly state the reasons for your appeal, referencing the timeline of your impairment and the evidence you have. Using Equality Act: https://www.gov.uk/guidance/equality-act-2010-guidancece

Also send a copy to your local MP.

If you still don't get anywhere,re write to the Local Government & Social Care Ombudsman

 the https://www.lgo.org.uk/

Contact your local CitizeAdvice officece for further assistance.

Also contact Disability Rights UK

https://www.disabilityrightsuk.org/contact-us?srsltid=AfmBOooP79AtAK9q6RmLr18XNM1kONbh6V0YqMK5aDEfpHYTyXCk87go

Hope this helps you.

P.S sorry if previous advice offended someone. "Sigh"

8dayweek

SMI is a Council Tax EXEMPTION not Reduction. I’m not sure why means-tested benefits come into it at all? Doesn’t your GP just sign a form? 

TimeLord1

8dayweek said:

SMI is a Council Tax EXEMPTION not Reduction. I’m not sure why means-tested benefits come into it at all? Doesn’t your GP just sign a form? 

Severely Mentally Impaired (SMI) individuals can be eligible for a Council Tax discount or exemption. If someone is diagnosed as severely mentally impaired and lives alone or with other SMI individuals, they may be exempt from Council Tax. If they live with one other adult who is not SMI, a 25% discount may be available. 

Rubyroobs

8dayweek said:

SMI is a Council Tax EXEMPTION not Reduction. I’m not sure why means-tested benefits come into it at all? Doesn’t your GP just sign a form? 

Yes it's a disregard. means tested benefits don't come into it. the person needs to be in receipt of a qualifying benefit and the Gp needs to agree to sign the form.

TimeLord1

MSE

https://www.moneysavingexpert.com/reclaim/severe-mental-impairment-dementia-council-tax-rebate/

So the OP is unhappy with the backdated time allocated, so I believe they have a case to complain about and seek a detailed response.

I don't understand why that's an issue it's the OP's right to question the process.

sheramber

TimeLord1 said:

MSE

https://www.moneysavingexpert.com/reclaim/severe-mental-impairment-dementia-council-tax-rebate/

So the OP is unhappy with the backdated time allocated, so I believe they have a case to complain about and seek a detailed response.

I don't understand why that's an issue it's the OP's right to question the process.

Did you scroll down the link you have quoted?

They're receiving at least one of the following benefits (in Scotland, being eligible for but not actually receiving the benefit can be enough):

• Incapacity benefit

• Attendance allowance

• Severe disablement allowance

• Disability living allowance (higher or middle-rate care component)

• Increase in disablement pension (due to constant attendance being needed)

• Unemployability supplement or allowance

• Constant attendance allowance

• Income support (which includes a disability premium)

• Personal independence payment (standard or enhanced daily living component)

• Armed forces independence payment
  
  In England and Wales you can also be receiving:
  

• Disability working allowance (based on getting income support including disability premium)

• Universal credit (including an element for limited capability for work or limited capability for work and work-related activity)