Council Tax Discount - SMI and Carers

sheramber

https://forums.moneysavingexpert.com/discussion/comment/81935578#Comment_81935578

The OP states she works and husband cares for disabled son.

She has been refused any discount because she is working.

Why does that prevent a claim for SMI for son Nd carers discount for husband?

Blancmang25

@FluffyRainbows

Below is a link to a website which I find very easy to understand and helpful:

https://www.carersuk.org/help-and-advice/financial-support/help-with-bills-and-household-costs/help-with-council-tax/

This is an example of a 50% discount from the above website:

Fred and Shelima live with their 15-year-old son, Bobby, and Shelima’s mother, Priya.  

Priya has dementia and receives the higher rate of Attendance Allowance – she has been assessed as being ‘severely mentally impaired’.  

Shelima cares for Priya for at least 35 hours a week. Fred also cares for Priya for at least 35 hours a week (during weekends and before and after his paid work). 

As carers, Fred and Shelima should both not be counted. Priya can also be disregarded as she is classed as ‘severely mentally impaired’. Bobby should not be counted as he is under 18 years old. Overall, no one in the property would be counted as living there and so a 50% discount would be applied to the bill. 

Please also note: the person who is SMI and receives either DLA/PIP/AA does not need the higher rate, this was changed to middle/standard rate when the Welfare Reform Act was introduced in 2012 and came into force in 2013.

Blancmang25

https://forums.moneysavingexpert.com/discussion/comment/81935585#Comment_81935585

The son is SMI and over 18(I presume), therefore the husband and the op are both carers, as long as they each provide at least 35 hours of care a week.(It's irrelevant if the op works).

Therefore they are all disregarded and entitled to a 50% discount.

I have put an example above, with the same scenario of a carer working.

Robbie64

The age of the son is relevant here if SMI was to apply. Although some posters have mentioned the son is over 18, the OP has indicated DLA in in payment, rather than PIP.

The OP does need to ask for a reconsideration though as both the OP and her husband could qualify for a council tax discount as carers. The council are wrong to claim that someone working 35 hours a week can't be classed as a full time carer, especially if the person being cared for is a child and living in the same house. I'd expect both parents to be full time carers in this instance although only one can qualify as a carer for DWP benefits, which is not the same as qualifying for a council tax discount.

Blancmang25

https://forums.moneysavingexpert.com/discussion/comment/81935663#Comment_81935663

The age of the son is relevant as the op(mother) cannot be classed as a carer for her own child until the child becomes an adult at age 18.(This is the age a person can become liable for council tax. Although there are some that can become liable before the age of 18 but that is not for this purpose). The op partner can be classed as a carer as he is not the father.

Carers UK is a very good website(I have already put a link for the op previously)and is very clear on the requirements, example below:

If you’re a carer, you won’t be counted for Council Tax purposes if  all  the following apply: 

• you provide at least 35 hours of care a week 
• you live with the person you care for 
• you’re not the spouse or partner of the person you care for, or their parent if they’re under 18 
• the person you care for receives certain disability benefits*. 

I agree the op must get in touch with the LA and ask for the decision to be looked at again.

The op son may well be in receipt of DLA over the age of 18, as my sister is 56 and still in receipt of DLA.

As for DWP benefit only one person can claim Carers Allowance and can work to a permitted level of income. Hopefully the op partner is receiving this.

Unfortunately council tax disregards and exemptions can seem quite complex if you do not know what to look for and it doesn't help when local authorities do not administer the relevant discounts and exemptions correctly.

It's a good job for Martin Lewis and these forums for making people aware of these discounts and exemptions.