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    • rob557
    • By rob557 18th Nov 19, 7:13 PM
    • 1Posts
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    rob557
    SMI Council Tax discount
    • #1
    • 18th Nov 19, 7:13 PM
    SMI Council Tax discount 18th Nov 19 at 7:13 PM
    Hi - a bit of advice please. I have requested a 25% discount on my parentís Council Tax as my father has been diagnosed as having Severe Mental Impairment and has a letter confirming this. He receives the mobility component of DLA and is awaiting an award of the care component.

    I have asked Denbighshire County Council for the discount as he is entitled to the care component. I have gone through to a level 2 complaint but still no luck. They advise that they need proof of entitlement as the qualifying benefit would be awarded by another body and they have no understanding of how the qualifying benefits are assessed.

    Any ideas how I progress with this.

    Thanks all.
Page 1
    • CIS
    • By CIS 18th Nov 19, 7:32 PM
    • 11,426 Posts
    • 6,688 Thanks
    CIS
    • #2
    • 18th Nov 19, 7:32 PM
    • #2
    • 18th Nov 19, 7:32 PM
    I have asked Denbighshire County Council for the discount as he is entitled to the care component. I have gone through to a level 2 complaint but still no luck. They advise that they need proof of entitlement as the qualifying benefit would be awarded by another body and they have no understanding of how the qualifying benefits are assessed.
    They are correct - the decision on the disregard requires that a person be 'entitled' to a qualifying benefit, that entitlement is not for the council to determine.

    He can only claim on the basis of the 'care component' whilst either getting it (which he isn't yet) or being entitled to it. It would be up to you to show this entitlement however I've not yet seen a single case where 'entitlement' has been demonstrated successfully where the benefit was not actually in payment.
    I no longer work in Council Tax Recovery but instead work as a specialist Council Tax paralegal assisting landlords and Council Tax payers with council tax disputes and valuation tribunals. My views are my own reading of the law and you should always check with the local authority in question.
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