DLA and coucil tax bedroom tax

[mikeymack2002]

Hands up if you are on DLA mid to high rate? and now have to pay the excess in council tax?

me too but today i got a letter from them stating that now under the rule you can apply for something call severely mentally impaired disregard, the title says it all lol, so get claiming if you get the above mentioned benefits at the rates stated, you are entitled to claim the disregard and you may get it reduced even more please spread the word about this post to all of our disabled friends that have been caught out by this

[mikeymack2002]

Hands up if you are on DLA mid to high rate? and now have to pay the excess in council tax?

 

 

Me too but today i got a letter from them stating that now under the rule you can apply for something called "Severely Mentally Iimpaired Ddisregard" the title says it all lol, so get claiming if you get the above mentioned benefits at the rates stated, you are entitled to claim the disregard and you may get it reduced even more please spread the word about this post to all of our disabled friends that have been caught out by this

You will need to conatact your local council benfits section and ask to be sent the form to apply, hope this helps someone as it has done for me and do this asap as you will now have being possibly paying to much CTAX already, also if you do apply the form will offer the option for a health care professional to fill in the form this form, and state that they are in the opinion that you should receive the extra discount offered, there is sections that may be of assistance to you as in my case, so its may be worth looking into

Edited April 7, 2013 by mikeymack2002

[Nystagmite]

There's other criteria to meet too. And a health professional has to agree that you're severely mentally impaired.

[mikeymack2002]

This is what is detailed on the application form, but also on the form it states much more unless you apply and meet the criteria then you may be overpaying, is there something I can put into my original post to clarify the form? thx Mike

[Nystagmite]

You can also claim this if you receive ESA.

[mikeymack2002]

Having been on DLA for 3 years due to circumstances i found myself in the place many will do in the near future, not being able to afford the extra cash to pay the council tax bill, for 3 years I was excempt then got this years bill, I panicked as they demanded the full amount but took off the single adult part of it, so my bill went for £0-00 pa to £80-00pm.

 

I spoke to the dept concerned at a residents meeting and they looked into it for me and stated, that they had got it wrong, now having had this new form I went to the Drs and they read the form and agreed to sign it for me, so I will have to wait till the documents have been checked to find out if indeed I can get this new discount, my OP was to bring to peoples attention that this IS avaible but has certain criteria to get it, so you will h ave to ask if you can apply for it then you MAY get this discount, if you don't know about it how can you apply for it,

[RaeUK]

Another postcode lottery. In my area, I'm not liable for any council tax payments. Whilst others with HRM and MRC, elsewhere, have to contribute.

[jadeybags]

People on DLA quite often work don't they? I'm not getting why someone in my position, self employed on housing benefits etc & have to pay an extra 20 quid a month council tax, & someone on DLA doesn't?

Sorry if i'm missing something. But I can't suddenly start getting more income anymore than someone on DLA?

(& if I could they would take 65p in the pound of it anyway?)

[RaeUK]

It is quite confusing, jadeybags. But DLA might be a red herring. I'm also on IR ESA in the Support Group.

[jadeybags]

It is quite confusing, jadeybags. But DLA might be a red herring. I'm also on IR ESA in the Support Group.

 

It's all really confusing. My rent has gone up this month too, so it's a double whammy.

[Nystagmite]

People on DLA quite often work don't they? I'm not getting why someone in my position, self employed on housing benefits etc & have to pay an extra 20 quid a month council tax, & someone on DLA doesn't?

Sorry if i'm missing something. But I can't suddenly start getting more income anymore than someone on DLA?

(& if I could they would take 65p in the pound of it anyway?)

 

Some work, some don't. Some also have bigger houses which they need to pay extra rent on, due to needing to store equipment and they have extra costs.

 

Disabled people generally can't work that many hours, hence WTC. But is there really no reason why a non-disabled person can't get a second job, go self employed as well as working, etc?

[jadeybags]

Some work, some don't. Some also have bigger houses which they need to pay extra rent on, due to needing to store equipment and they have extra costs.

 

Disabled people generally can't work that many hours, hence WTC. But is there really no reason why a non-disabled person can't get a second job, go self employed as well as working, etc?

 

In theory yes, but how many extra hours work will they have to do to cover the 20 pounds a month more council tax? Seeing as they take 65p in the pound off of any extra you earn. Or am I seeing it wrong. As I say, it's too confusing to argue with them about anyway, I just let them adjust the direct debits & eat less lol

[estellyn]

It is quite confusing, jadeybags. But DLA might be a red herring. I'm also on IR ESA in the Support Group.

 

In my area, DLA and support group doesn't matter - I'm on both and have had an effective 50% hike in payments due to other changes in their new 'council tax reduction scheme'

[RaeUK]

That's just ridiculous, estellyn. If you really must change something then at least keep it uniform across the board. This system really does not make sense.

[RaeUK]

Just catching up on my filing - how can one person attract so much paperwork! - and I came across this year's council tax award letter. It states:

You are entitled to maximum Council Tax benefit because you are entitled to Employment and Support Allowance (Income Related).

So that's my area's policy.

[Nystagmite]

Which is sensible. Where I am, the savings limit is £6k and £16k for pensioners, war widows and ex-soldiers.

[id6052]

I think the title of this thread is slightly confusing (or unintentially misleading) as it refers to the bedroom tax.

 

There has always been the power to disregard a person from council tax if they are SMI "severely mentally impaired" (although the term has been changed over the last couple of years to EMI "enduring mental impairment").

 

What this disregard means is: -

 

1. if the person who is SMI or has an EMI is the only adult in the property, the property becomes exempt for CT purposes - i.e. no bill, no CTB/CTR
   
2. if the person who is SMI or has an EMI lives with other adults and they are all SMI/EMI, the property becomes exempt for CT purposes - i.e. no bill, no CTB/CTR
   
3. if the person who is SMI or has an EMI lives with other adults who are all disregarded for CT on a basis other than SMI/EMI (for example as a student), the property gets a 50% CT discount - i.e. reduced bill, reduced CTB/CTR, normally still has to pay same amount
   
4. if the person who is SMI or has an EMI lives with one other adult who is not disregarded for CT, the property gets a 25% CT discount - i.e. reduced bill, reduced CTB/CTR, normally still has to pay same amount
   
5. if the person who is SMI or has an EMI lives with more than one other adult who is not disregarded for CT, the property gets no discount - i.e. same bill, same CTB/CTR
   

To qualify for the SMI/EMI disregard/exemption/discount as appropriate, the person who is SMI/EMI needs to satisfy 2 criteria: -

 

• they must be certified by a medical professional as being SMI/EMI
  
• they must be in receipt of a qualifying disability benefit, for example: - Disability Living Allowance (at the middle or highest rate of the care, component), Attendance Allowance, Constant Attendance Allowance, Severe Disablement Allowance, Incapacity Benefit, Income Support or Income-Based Jobseeker’s Allowance where a disability premium is included, Employment and Support Allowance, an increase in disablement pension for constant attendance, the disability element of Working Tax Credit, Unemployability supplement or Unemployability allowance.
  

Just to add that the above is a totally separate issue from the change over from national CTB schemes to localised CTR schemes

[mikeymack2002]

To everyone that has commented on my OP I did'nt intend to confuse people with the post, I am brain damaged and I don't clearly state things the right way for that I am sorry, I will try to explain,

 

Years 2010-2012 I had to pay no CT this year 2013 it went up to £88-00 pm, I appealed this decision and was told about this new excemption, for which I have applied for, still waiting to hear the outcome

 

So with this in mind I thought it appropriate to let others know this, Also as stated there are certain criteria to be able to receive this, as I am not in the knowlegde maybe I posted in haste, also that on this form you will have to have a medical practioner fill in the for and they have to be a ble to say for certain that under the rules as listed below will apply....

 

If a person who resides within a premise is severly mentally impaired a discount or excemption can be given. whether it is a discount or excemtion that is applicable will depend on the circumstances of any other occupants

 

A person is considered to be severly mentally impaired if:

 

 

 

 

• the person has a severe impairment of intelligence and social funtion (however caused which appears to be permenant (and)
  
• the person obtains a certificate duly signed to that effect by a regestered medical practioner and,
  
• the person is entitled to (although not in receipt of the following benefits)
  
• Incapacity benefit under s.30A sscb (Social Securty Contributions and benefits Act 1992)
  
• Attendance Allowance under s.64 SSCB Act
  
• Severere Disabledment Allowance under s.68 SSCB Act
  
• The care component of a DLA payable either at the highest rate or the middle rate under s.71 and s.72 SSCB Act
  
• An increase in the rate of Disablement Pensions Act under s.104 SSCB Act
  
• A disablity working Allowance under s.129 for which the qualifying benefits is:
  

A) one falling within s.129 (2) (a) (1)

 

 

 

B) Income support, and the appilicable amount formally payable included in a disability premium

• An unemployalitlity suppliment under part 1 s. 7, SSCB Act
  
• A constant attendance allowance under article 14 of the personal injuries (civilians) scheme 1983 or article 14, Naval,Military, and Airforce ect. (Disablement and Death) service Pensionorder 1983
  
• An unemployability allowance under article 18 of either of the provisions referred to immeadiatly above
  
• Income support where the amount includes a disability premium.
  
• Incapacity benefits under s.41 and s.41 of the SSCB Act 1992
  
• Employemnt and Support Allowance
  

Because of the complexity of the particular disregard or excemption it is essential that the Taxpayer be required to complete an application form. The standard form requires full details to be provided including evidence of benefits received and also a signature of a medical practitioner.

 

I typed all of the above by hand from my appilication form I now hope this will clarify any missunderstandings

Edited April 9, 2013 by mikeymack2002

[mikeymack2002]

Thankyou to id6052 for the update but this does in fact relate to council tax but being some what daft in the way I communicate. I do struggle big time and am learning everyday, I have fully replied with the above to confirm the OP.

 

As I am learning every day I like to say a big thanks for the input of id6052 which will allow me to gain even more knowledge from this site to use in my everyday life, and this sort of thing allows me to become a smarter person

[mikeymack2002]

Site team can you please adjust the thread topic tiltle take out the bedroom tax part of the title many thanks MM it should be just for Council Tax

[sallysas]

My council additionally apply this to carers allowance, the disability premium of approx £14 (is it 13.80?) on esa and households with a child under 6. Low-rate dla also means you qualify - but is this true all over the country?