SMI Exemption from Council Tax & student dependents

SusC

I am SMI exempt from council tax. My daughter, who lives with me, has attended a Higher level (A level) college course for the past year. I have received child benefit and a UC child allowance for the past year. She is due to start a 1 year HNC course in September. She turned 18 in September 2024.
The council tax department have recently asked her to pay 50% of my council tax bill dating back to September 24. Is she liable for this while I was still receiving Child benefit? And, is she liable when her HNC course begins and CB ends? 

silvercar

I’m assuming SMI in this case is severely mentally impaired, rather than support for mortgage interest.

If she is a full time student, she is also exempt.

What counts as a full time student is defined here:

https://www.gov.uk/council-tax/discounts-for-full-time-students

My reading of that, is that she would be exempt while on her higher ed college and also while doing her HNC. There may however be some months between the two when she isn’t exempt.

silvercar

Looking a bit more there appears a contradiction.

If you qualify as severely mentally impaired
You’ll get a 100% discount if you qualify as severely mentally impaired and one of the following applies:

• you live on your own

• any other adults in your household either qualify as severely mentally impaired or are full-time students

There’ll be a 50% discount on the council tax bill if everyone else in your household is ‘disregarded’.

Clearly in your case you qualify as SMI and the only other adult is a full time student, so you should have a 100% discount.

But then the definition of ‘disregarded’ includes under 18s, 18 and 19 year olds in education and students. 

https://www.gov.uk/council-tax/who-has-to-pay Tells you who is disregarded.

I would guess the council consider your daughter as disregarded, so want to apply a 50% discount. It may hinge on whether she is considered a full time student or disregarded as being in education.
.

silvercar

@SusC I’ll move this to the benefits board, where there may be some posters with more knowledge in this area.

itsthelittlethings

How much is your council tax bill that she’s supposed to be paying half of? She shouldn’t be paying any council tax if she is a student, nothing to do with SMI.

Tell them your council tax bill is £0 and she can pay half of that.

Blancmang25

SusC said:

I am SMI exempt from council tax. My daughter, who lives with me, has attended a Higher level (A level) college course for the past year. I have received child benefit and a UC child allowance for the past year. She is due to start a 1 year HNC course in September. She turned 18 in September 2024.
The council tax department have recently asked her to pay 50% of my council tax bill dating back to September 24. Is she liable for this while I was still receiving Child benefit? And, is she liable when her HNC course begins and CB ends? 

As you are SMI and your daughter is a full time student you are both disregarded for council tax purposes. Please see the link below:
https://www.gov.uk/council-tax/discounts-for-disabled-people
Your daughter must have a qualifying course to be eligible for the student discount:
https://www.gov.uk/council-tax/discounts-for-full-time-students
If she qualifies as per the link above you need to send the council tax department a student certificate, your daughter can request this from the college/uni, both establishments have these.
With regards to who pays council tax, the liable person pays any council tax which is due. If you are the owner/tenant then the person/s named on the land registry/tenancy are liable.

silvercar

Blancmang25 said:

SusC said:

I am SMI exempt from council tax. My daughter, who lives with me, has attended a Higher level (A level) college course for the past year. I have received child benefit and a UC child allowance for the past year. She is due to start a 1 year HNC course in September. She turned 18 in September 2024.
The council tax department have recently asked her to pay 50% of my council tax bill dating back to September 24. Is she liable for this while I was still receiving Child benefit? And, is she liable when her HNC course begins and CB ends? 

As you are SMI and your daughter is a full time student you are both disregarded for council tax purposes. Please see the link below:
https://www.gov.uk/council-tax/discounts-for-disabled-people
Your daughter must have a qualifying course to be eligible for the student discount:
https://www.gov.uk/council-tax/discounts-for-full-time-students
If she qualifies as per the link above you need to send the council tax department a student certificate, your daughter can request this from the college/uni, both establishments have these.
With regards to who pays council tax, the liable person pays any council tax which is due. If you are the owner/tenant then the person/s named on the land registry/tenancy are liable.

Can you explain this:

Apply for a discount or exemption
You need to apply for a Council Tax discount or an exemption, even if you’re disregarded.
You’ll get 50% off your bill if everyone living in your household is disregarded.

It’s from my second link above. Why would someone only get 50% off their bill if everyone is disregarded?

Blancmang25

silvercar said:

Blancmang25 said:

SusC said:

I am SMI exempt from council tax. My daughter, who lives with me, has attended a Higher level (A level) college course for the past year. I have received child benefit and a UC child allowance for the past year. She is due to start a 1 year HNC course in September. She turned 18 in September 2024.
The council tax department have recently asked her to pay 50% of my council tax bill dating back to September 24. Is she liable for this while I was still receiving Child benefit? And, is she liable when her HNC course begins and CB ends? 

As you are SMI and your daughter is a full time student you are both disregarded for council tax purposes. Please see the link below:
https://www.gov.uk/council-tax/discounts-for-disabled-people
Your daughter must have a qualifying course to be eligible for the student discount:
https://www.gov.uk/council-tax/discounts-for-full-time-students
If she qualifies as per the link above you need to send the council tax department a student certificate, your daughter can request this from the college/uni, both establishments have these.
With regards to who pays council tax, the liable person pays any council tax which is due. If you are the owner/tenant then the person/s named on the land registry/tenancy are liable.

Can you explain this:

Apply for a discount or exemption
You need to apply for a Council Tax discount or an exemption, even if you’re disregarded.
You’ll get 50% off your bill if everyone living in your household is disregarded.

It’s from my second link above. Why would someone only get 50% off their bill if everyone is disregarded?

Basically because council tax is based on a dwelling and assumes two adults occupy the dwelling.
The discounts and exemptions allow for the council tax payable on the dwelling to be reduced based on eligibility and criteria of said discount or exemption.
Easy example is the single person discount, as only one adult is in the dwelling they get a 25% discount, so 75% of the council tax is due.

silvercar

Blancmang25 said:

silvercar said:j

Blancmang25 said:

SusC said:

I am SMI exempt from council tax. My daughter, who lives with me, has attended a Higher level (A level) college course for the past year. I have received child benefit and a UC child allowance for the past year. She is due to start a 1 year HNC course in September. She turned 18 in September 2024.
The council tax department have recently asked her to pay 50% of my council tax bill dating back to September 24. Is she liable for this while I was still receiving Child benefit? And, is she liable when her HNC course begins and CB ends? 

As you are SMI and your daughter is a full time student you are both disregarded for council tax purposes. Please see the link below:
https://www.gov.uk/council-tax/discounts-for-disabled-people
Your daughter must have a qualifying course to be eligible for the student discount:
https://www.gov.uk/council-tax/discounts-for-full-time-students
If she qualifies as per the link above you need to send the council tax department a student certificate, your daughter can request this from the college/uni, both establishments have these.
With regards to who pays council tax, the liable person pays any council tax which is due. If you are the owner/tenant then the person/s named on the land registry/tenancy are liable.

Can you explain this:

Apply for a discount or exemption
You need to apply for a Council Tax discount or an exemption, even if you’re disregarded.
You’ll get 50% off your bill if everyone living in your household is disregarded.

It’s from my second link above. Why would someone only get 50% off their bill if everyone is disregarded?

Basically because council tax is based on a dwelling and assumes two adults occupy the dwelling.
The discounts and exemptions allow for the council tax payable on the dwelling to be reduced based on eligibility and criteria of said discount or exemption.
Easy example is the single person discount, as only one adult is in the dwelling they get a 25% discount, so 75% of the council tax is due.

I’m still not understanding. If everyone is disregarded, why would that leave 50% payable - in any circumstance?

Blancmang25

silvercar said:

Blancmang25 said:

silvercar said:j

Blancmang25 said:

SusC said:

I am SMI exempt from council tax. My daughter, who lives with me, has attended a Higher level (A level) college course for the past year. I have received child benefit and a UC child allowance for the past year. She is due to start a 1 year HNC course in September. She turned 18 in September 2024.
The council tax department have recently asked her to pay 50% of my council tax bill dating back to September 24. Is she liable for this while I was still receiving Child benefit? And, is she liable when her HNC course begins and CB ends? 

As you are SMI and your daughter is a full time student you are both disregarded for council tax purposes. Please see the link below:
https://www.gov.uk/council-tax/discounts-for-disabled-people
Your daughter must have a qualifying course to be eligible for the student discount:
https://www.gov.uk/council-tax/discounts-for-full-time-students
If she qualifies as per the link above you need to send the council tax department a student certificate, your daughter can request this from the college/uni, both establishments have these.
With regards to who pays council tax, the liable person pays any council tax which is due. If you are the owner/tenant then the person/s named on the land registry/tenancy are liable.

Can you explain this:

Apply for a discount or exemption
You need to apply for a Council Tax discount or an exemption, even if you’re disregarded.
You’ll get 50% off your bill if everyone living in your household is disregarded.

It’s from my second link above. Why would someone only get 50% off their bill if everyone is disregarded?

Basically because council tax is based on a dwelling and assumes two adults occupy the dwelling.
The discounts and exemptions allow for the council tax payable on the dwelling to be reduced based on eligibility and criteria of said discount or exemption.
Easy example is the single person discount, as only one adult is in the dwelling they get a 25% discount, so 75% of the council tax is due.

I’m still not understanding. If everyone is disregarded, why would that leave 50% payable - in any circumstance?

I'll try to explain as simply as I can.
Your yearly charge for council tax is based on the dwelling and 2 adults residing, therefore a full bill. 50/50 dwelling/occupants.
Subject to which discount, ie: a single person discount, then the council tax reduces by 25% as now 1 adult remains.
Subject to an exemption, ie: if the dwelling is occupied by a student/s they are exempt and therefore 100% exemption applies as students are disregarded. 
So the bill is calculated according to which exemption and discounts are used.

silvercar

Blancmang25 said:

silvercar said:

Blancmang25 said:

silvercar said:j

Blancmang25 said:

SusC said:

I am SMI exempt from council tax. My daughter, who lives with me, has attended a Higher level (A level) college course for the past year. I have received child benefit and a UC child allowance for the past year. She is due to start a 1 year HNC course in September. She turned 18 in September 2024.
The council tax department have recently asked her to pay 50% of my council tax bill dating back to September 24. Is she liable for this while I was still receiving Child benefit? And, is she liable when her HNC course begins and CB ends? 

As you are SMI and your daughter is a full time student you are both disregarded for council tax purposes. Please see the link below:
https://www.gov.uk/council-tax/discounts-for-disabled-people
Your daughter must have a qualifying course to be eligible for the student discount:
https://www.gov.uk/council-tax/discounts-for-full-time-students
If she qualifies as per the link above you need to send the council tax department a student certificate, your daughter can request this from the college/uni, both establishments have these.
With regards to who pays council tax, the liable person pays any council tax which is due. If you are the owner/tenant then the person/s named on the land registry/tenancy are liable.

Can you explain this:

Apply for a discount or exemption
You need to apply for a Council Tax discount or an exemption, even if you’re disregarded.
You’ll get 50% off your bill if everyone living in your household is disregarded.

It’s from my second link above. Why would someone only get 50% off their bill if everyone is disregarded?

Basically because council tax is based on a dwelling and assumes two adults occupy the dwelling.
The discounts and exemptions allow for the council tax payable on the dwelling to be reduced based on eligibility and criteria of said discount or exemption.
Easy example is the single person discount, as only one adult is in the dwelling they get a 25% discount, so 75% of the council tax is due.

I’m still not understanding. If everyone is disregarded, why would that leave 50% payable - in any circumstance?

I'll try to explain as simply as I can.
Your yearly charge for council tax is based on the dwelling and 2 adults residing, therefore a full bill. 50/50 dwelling/occupants.
Subject to which discount, ie: a single person discount, then the council tax reduces by 25% as now 1 adult remains.
Subject to an exemption, ie: if the dwelling is occupied by a student/s they are exempt and therefore 100% exemption applies as students are disregarded. 
So the bill is calculated according to which exemption and discounts are used.

So if there are two occupants, one disregarded as SMI and one disregarded as a student, why would you get "only" 50% off?

From my the link: https://www.gov.uk/apply-for-council-tax-discount

Apply for a discount or exemption
You need to apply for a Council Tax discount or an exemption, even if you’re disregarded.
You’ll get 50% off your bill if everyone living in your household is disregarded.

Why not 100%?