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Backdated CTAX benefit Over £6000- do i have to declare it for other benefitS?


Glasgowguy2016
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What happened was I have aspergers and my support worker to claim a SMI ( severe mental impairment) for council tax exemption.

 

I took it to the doctor and she stamped the letter but she reworded it moderate instead of severe, but .

 

My local council tax office said something about because of severe disability premium, ESA support group and h rate care l rate mobility means I still qualify

 

, then I phoned the city council tax call Center they disagreed,

my local one says they not specialists and she asked her council tax practitioner

she agreed again that I still qualify.

 

But nobody will tell me there details of how you get a severe mental impairment council tax exemption if it's only moderate

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The answer is you can't - the enacting legislation required a 'severe impairment'

 

Local Government Finance Act 1992

 

(1)A person shall be disregarded for the purposes of discount on a particular day if—

 

(a)on the day he is severely mentally impaired;

 

(b)as regards any period which includes the day he is stated in a certificate of a registered medical practitioner to have been or to be likely to be severely mentally impaired; and

 

©as regards the day he fulfils such conditions as may be prescribed by order made by the Secretary of State.

 

(2)For the purposes of this paragraph a person is severely mentally impaired if he has a severe impairment of intelligence and social functioning (however caused) which appears to be permanent.

 

(3)The Secretary of State may by order substitute another definition for the definition in sub-paragraph (2) above as for the time being effective for the purposes of this paragraph.

 

The Council Tax (discount disregards) Order 1992 (as amended) clarifies the qualifying benefits also required - this uses the delegated powers under Section 1c, above.

 

 

Craig

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My day job for 10 years was dealing with SMI claims and other council tax issues - the staff at the front desk and call centres are not normally fully trained on the intricacies of council tax legislation. The staff often used to call me to query points as being out of their area of expertise.

 

They may well not have realised that it has to be both a severe impairment and the qualifying benefit - short of overturning legislation there's no way the definition can be challenged. The only challenge is what meets the definition of 'severe' - it is at the discretion of the medical professional to make the decision.

 

I would add though the original intention of 'severe' was designed to cover those people who were so severely impaired that they could not function for themselves - severe brain damage, severe neurological diseases etc.

 

Craig

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Thanks Craig that makes sense but that's what I tried to tell them in my local office but they failed to listen. Can I get into trouble for the local council tax practitioner submitting evidence that is inaccurate. Why would a doctor modify severe to moderate on the form that is not something that can be used for a claim. This was my support worker told me to apply,

 

Had I known what severe had meant I wouldn't have applied I may have aspergers, pseudo seizures, anxiety, memory deficit and some epileptic seizures that's not same thing I think

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Why would a doctor modify severe to moderate on the form that is not something that can be used for a claim.

It's not unusual - the forms my authority used were changed to give a simple Yes or No answer as they were just altering the form otherwise. That was when the Dr's actually bothered to complete it.

 

Can I get into trouble for the local council tax practitioner submitting evidence that is inaccurate.

You'll be fine, don't worry about that.

Had I known what severe had meant I wouldn't have applied I may have aspergers, pseudo seizures, anxiety, memory deficit and some epileptic seizures that's not same thing I think

In the strictest intention then I'd say no - but I have seen similar given where the Dr signed the forms. The local authority went with the Dr's medical decision. Do you have a community psychiatrist or similar who you can ask ?

 

Craig

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I have a social worker/care manager,

mental health housing support to help maintain my tenancy as they know my autism will never improve any further,

 

I had a autism specialist pshychologist including my 7 page diagnosis

 

since he retired I go to a local councillor once a week

 

I have service phones me every day with emergency contact if needed.

 

Not forgetting the enhanced and severe disability premium with no end date and high rate DLA for care

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But I don't feel I qualify as severe based on what I read about it,

 

what worries me is my local council tax and housing benefit team,

 

some a meant to be fully trained ignored my concerns when I pointed them out directly.

 

Would the council staff get into trouble for uploading a wrongly filed medical file and a non acceptable application

 

I need to stop listening to support sometimes and ask them to make real checks first

 

I have had to have extra support on phone and family to make sense.

 

They have told me 3 times I qualify even when I point out the moderate.

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Hi Glasgowguy2016

 

Welcome to CAG

 

ss002d6252 has given you some really good advice.

 

Glasgow City Council, I completely understand where you are coming from with the staff attitude, been there with them but not under your circumstances.

 

So please stop worrying yourself that you have done something wrong in applying for this with the council and that they may come after you to take further action, there will be no further action as all you did was apply for this and they have turned it down that's it closed. So stop worrying.

 

I see you mention it was the support worker that told you to apply (post#5), so what I would suggest is having a wee chat with the support worker and the other teams that assist you about this to see what they say and if they agree you should get them to assist you with the application.

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I cannot give any advice by PM - If you provide a link to your Thread then I will be happy to offer advice there.

I advise to the best of my ability, but I am not a qualified professional, benefits lawyer nor Welfare Rights Adviser.

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But here is the thing my local housing benefit and council tax looked over all my documents, forms, support evidence and checked my other benefits on the system they seemed so sure

 

Ps I didn't receive the refusal as yet, I should get that answer within 8 weeks

 

They uploaded my form start of week onto the system and all evidence

Edited by Glasgowguy2016
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Would the council staff get into trouble for uploading a wrongly filed medical file and a non acceptable application

 

The front-line staff are generally told to take any application that's made and pass it on to the processing staff - they'll not get in to trouble for taking the information in.

 

Craig

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But here is the thing the woman was more than front line, she worked in the Glasgow city office Thursday to Friday in the main office making decisions like SMI and mon to wed in local office and it was her who said 3 times that I qualify, can you see my confusion

 

Hi because when I asked city center ctax call center there is no way that could be true, and no benefits can be used beside the moderate diagnosis for exemption the complete opposite

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But here is the thing the woman was more than front line, she worked in the Glasgow city office Thursday to Friday in the main office making decisions like SMI and mon to wed in local office and it was her who said 3 times that I qualify, can you see my confusion

 

She needs re-training if that's the case.

 

I must apologise - the legislation I quoted is was the English rather the Scottish version but the the SMI definition is identical. I've doubled checked my manuals just to make sure.

 

Craig

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I agree with you she needs retraining, I tried to tell her and time will prove we both correct and should I report the Council tax staff

 

I agree with you she needs retraining, I tried to tell her and time will prove we both correct and should I report the Council tax staff

 

Any idea why that say I totally qualified

 

Any idea why that say I totally qualified

 

Could this be what she meant

 

Discretionary reductions

 

Under council tax legislation, your local authority has the power to reduce or cancel your council tax bill, even if you're not exempt from paying or entitled to a discount or reduction. This power is called discretionary, because your local authority can choose when, if and how to use it.

 

This power is normally only used in exceptional cases.

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Hi

 

You mentioned you haven't received a refusal letter (or they accept the claim) yet as they have 8 weeks.

 

Since you are still waiting to see if your application for smi is accepted or not by the council you will really have to wait for there letter to see what the outcome is.

 

In the meantime just try and relax, stop over thinking this, all you can do is wait and see what there letter says as to whether the accept the claim or not.

 

stop worrying

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I cannot give any advice by PM - If you provide a link to your Thread then I will be happy to offer advice there.

I advise to the best of my ability, but I am not a qualified professional, benefits lawyer nor Welfare Rights Adviser.

Please Donate button to the Consumer Action Group

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Discretionary relief refers to Section 13A of the Local Government Finance Act 1992 which was introduced under section 76 of the Local Government Act 2003 - it applies only to England and Wales (http://lgfa92.co.uk/section-13a-write-off/) . I'm not aware of any similar scheme in Scotland

 

Craig

 

Hi Craig wow you really do know your stuff and thanks. I'm just trying understand what a council tax officer of over 10 years is thinking looking at all the evidence making false claims and you are able to hear evidence and explain why not

 

Hi

 

You mentioned you haven't received a refusal letter (or they accept the claim) yet as they have 8 weeks.

 

Since you are still waiting to see if your application for smi is accepted or not by the council you will really have to wait for there letter to see what the outcome is.

 

In the meantime just try and relax, stop over thinking this, all you can do is wait and see what there letter says as to whether the accept the claim or not.

 

stop worrying

 

Hi and hello but if you read what Craig has explained there is no way the claim can be approved. The council tax practitioner in my housing benefit council tax office, said the moderate thing was ok due to other advanced benefits like 1 severe benefit. But Craig explains that doesn't exist

 

Unless is there something you know. The main focus of the council tax officer was severe disability premium and high rate care

 

They typed this in my notes for me

 

Forms ok

Doctor stamp ok

 

Only losing DLA or severe Disability premium can change decision

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Read post with interest. A friend of mine applied for SMI waiver for council tax and like OP their GP was not overly helpful. After being rejected turned to a senior NHS psychiatrist who wrote a supporting letter and decision was overturned and waiver back dated for 7 years.

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Hi Belinda here is the thing I didn't think I'd qualify.

 

 

But Support staff did and doctor changed it from severe to moderate.

 

 

Local area council tax practitioner said due to severe disability premium and DLA I still qualified for council tax exemption as long as I still have both but city office call center didn't agree

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Read post with interest. A friend of mine applied for SMI waiver for council tax and like OP their GP was not overly helpful. After being rejected turned to a senior NHS psychiatrist who wrote a supporting letter and decision was overturned and waiver back dated for 7 years.

 

Out of curiosity do you know when that happened ? - if it was in the last few years then local authorities (certainly for England & Wales) should be taking note of the rulings regarding the Limitation Act - http://wp.me/p6WMjS-so (although I suspect not all local authorities are).

 

Craig

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