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

[martin2006]

https://www.glasgow.gov.uk/CHttpHandler.ashx?id=10447&p=0

 

Looking at the link above it appears that the impairmrnt must be severe but the decision maker will also have the discretionary ability to apply it for moderate.

Put it to the back of your mind for now, there is nothing more you can do until the application has been processed.

[Glasgowguy2016]

But I was told this is it true

 

I've been reading up about this. Severe mental impairment can be applied to someone with a diagnosis of autism or autism spectrum disorder. Aspergers does come under this. Anyone with this diagnosis can be classed as having 'arrested development' and that then leads to 'severe mental impairment' it doesn't matter if your doctor writes that you have moderate aspergers. Any form of autism can be defined as 'severe mental impairment' regardless of where on the spectrum it is

[martin2006]

GG i totally get where you are coming from, thats why it will be down to the interpretation of the decision maker when it is being assessed.

We cannot answer how the decision maker will think on the day, if "any" form of ASD is classed as severe then your good, as long as the decision maker also sees it that way.

[Glasgowguy2016]

GG i totally get where you are coming from, thats why it will be down to the interpretation of the decision maker when it is being assessed.

We cannot answer how the decision maker will think on the day, if "any" form of ASD is classed as severe then your good, as long as the decision maker also sees it that way.

 

Well somebody said there is legislation now about asd all being entitled but I haven't heard anything

[martin2006]

Speak to that somebody and ask what legislation they are referring to, I haven't heard of any.

[ss002d6252]

Well somebody said there is legislation now about asd all being entitled but I haven't heard anything

 

I can assure you there is no legislation regarding that - there may well be tribunal decisions where the local council has rejected the Dr's confirmation of the 'severe' element for claimants who has ASD etc but that is all. Legislation has not defined what specific illness/injury/disorders count as 'severe', if only because it's impossible to create a full list.

 

At the end of the day only a registered medical professional can make the determination on 'severe' - if they agree the local authority can grant the disregard , if not the local authority does not have the legal powers to ignore statute and grant the disregard (assuming qualifying benefits are in payment).

 

Craig

[ss002d6252]

https://www.glasgow.gov.uk/CHttpHandler.ashx?id=10447&p=0

 

Looking at the link above it appears that the impairmrnt must be severe but the decision maker will also have the discretionary ability to apply it for moderate.

Put it to the back of your mind for now, there is nothing more you can do until the application has been processed.

 

The council have no discretion as decision maker in legislation - the decision has to be made by a registered medical practitioner. If the local authority are making those decisions then they act outside of their legal powers.

 

2(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.

 

As the regulations on the matter are the same for Scotland and England/Wales here's a tribunal decision where eligibility was being considered on whether a person was SMI. The Dr had failed to return the forms so the tribunal had to consider who was able to make the decision on where someone was SMI or not. (The Class U exemption requires the SMI disregard to be in place). http://info.valuation-tribunals.gov.uk/decision_document.asp?appeal=/decision_documents/documents/CT_England/1160M134414176C.htm&Decision=liability

 

The Valuation Tribunal, however, like the Council, does not have the medical expertise required to diagnose a person’s mental condition for the purposes of this exemption. The legislation makes it clear that an essential condition for eligibility for exemption under Class U is that a registered medical practitioner must state in a certificate that the claimant has been, or is likely to be, severely mentally impaired

 

The tribunal dismissed the claim for exemption and also stated that :

 

It remains open to Mrs X to seek to obtain the necessary certificate signed by a medical practitioner which, if provided to the Council, will enable it to reconsider the matter of her eligibility for the exemption.

 

 

Craig

[Glasgowguy2016]

Speak to that somebody and ask what legislation they are referring to, I haven't heard of any.

 

I was told : I've been reading up about this. Severe mental impairment can be applied to someone with a diagnosis of autism or autism spectrum disorder. Aspergers does come under this. Anyone with this diagnosis can be classed as having 'arrested development' and that then leads to 'severe mental impairment' it doesn't matter if your doctor writes that you have moderate aspergers. Any form of autism can be defined as 'severe mental impairment' regardless of where on the spectrum it is xxx

[honeybee13]

Do you have a link for that please GG? It could help your case.

 

HB

[Glasgowguy2016]

I can't get a link but I'm looking at it

[Glasgowguy2016]

This link might work I was told https://m.facebook.com/groups/1436735326603785?view=permalink&id=1805907846353196&comment_id=1805911223019525&notif_t=group_comment&notif_id=1477470287979123&ref=m_notif

[ss002d6252]

It can't be anything other than a 'suggestion' on a facebook group- a group may say as they wish on Facebook but it still doesn't get around the basis that a 'registered medical professional' needs to certify the condition.

 

There's nothing to stop a medical professional certifying it for Autism etc, if they believe it meets the criteria but the council cannot make that decision for them.

 

Craig

[Glasgowguy2016]

How does ESA work regards a backpayment of council tax benefit which will soon take me to the lower limit, do I have to tell them, does it get disregarded, am I allowed to spend it as I see fit, what about capital limits

[Glasgowguy2016]

Just cause I don't know the law, ESA said it will be a indiviual case as to if it's counted as capital

[honeybee13]

Hello there.

 

I've merged your two posts above with your thread of a few days ago, to keep the information together.

 

HB

[Glasgowguy2016]

Hello there.

 

I've merged your two posts above with your thread of a few days ago, to keep the information together.

 

HB

 

Is it better or quicker to hand evidence into the local council tax office than to email

[Glasgowguy2016]

Well I have got the council tax exemption and first part of backdate is £1644 (2010) but they couldn't find my DLA from 2004 to 2010, I been told to forward it to council and rest will be backdated

 

But I get not one same

 

1. I was told I must declare to ESA. Even if under £6000

 

2.Is the backdated money counted as capital ( I was told there is no set rule)

 

3.I don't pay council tax but do I still get yearly letter just to know

[ss002d6252]

Well I have got the council tax exemption and first part of backdate is £1644 (2010) but they couldn't find my DLA from 2004 to 2010, I been told to forward it to council and rest will be backdated

 

But I get not one same

 

1. I was told I must declare to ESA. Even if under £6000

 

2.Is the backdated money counted as capital ( I was told there is no set rule)

 

3.I don't pay council tax but do I still get yearly letter just to know

 

1) Tell ESA - even if they don't use the information to alter your award then they've been told.

2) Ignoring backdated lump sums in generally only for benefit payments & compensation - council tax is neither of these (see #1)

3) Yes

 

I'd be very careful with your local authority - unless you managed to find a Dr who certified it as 'severe' rather than the 'moderate' they wrote on the original form then (as already pointed out) the local authority had no legislative power to award the disregard (and thus the exemption). The local authority can remove it (and should) to correct their records and ensure they are acting legally. They can correct the error at any point.

 

Craig

[ss002d6252]

Further post on this - http://www.consumeractiongroup.co.uk/forum/showthread.php?471237-Backdated-info&highlight=council+tax

 

Craig

[Glasgowguy2016]

I had a chat with them and they then put me onto the senior manager. He said it's a confusing thing he said but for us the DLA is the key to the decision. We can do the backdate from 2004 - 2010 as long as we get the DLA letter proof. I said can you see is moderate and said sorry if I sounded cheeky. He said it's ok as I said earlier the moderate is supported by having DLA and not to worry

[ss002d6252]

I had a chat with them and they then put me onto the senior manager. He said it's a confusing thing he said but for us the DLA is the key to the decision. We can do the backdate from 2004 - 2010 as long as we get the DLA letter proof. I said can you see is moderate and said sorry if I sounded cheeky. He said it's ok as I said earlier the moderate is supported by having DLA and not to worry

In which case your local authority need to be employing staff who know what they're doing - if a straightforward SMI disregard is confusing him then he needs to look again at the job he's in.

 

As I pointed out in the other thread the two main requirements ( i.e. the local authority have no discretion in how they apply a legislative requirement) is that it's a severe impairment AND you're on a qualifying benefit - not one or the other.

 

Craig

[Glasgowguy2016]

How long from handing documents to amendment of council tax back to 2004 ( originally 2010) take to sort. Do ESA get to see a SMI, does that help ESA support group or make it worse like make them think I don't qualify now

 

Because some parts are all new to me

[dx100uk]

threads merged yet again