Severe Mental Impairment - Liable Person

[Magrew]

Re: Severe Mental Impairment - Liable Person

After much patience I have had notice today that the CTRRP decision has been set aside because the Authority have offered a more beneficial decision of "50% Council Tax Discount". They have not addressed the point that the Council have failed to establish the proper level of Council Discount. I believe that it should be that property drops one band due to written confirmation from a clinical psychologist that one of the disabled individuals requires a separate room from a brother that he could share with under normal circumstances allow him to manage his autism and then it should be 50% of that value.

Their decision also makes no commentary on the Council Tax Reduction level which I understood was the precise purpose of the CTRRP. The discount is simply setting the level of Council Tax due, not addressing the level of eligible Council Tax Reduction. I therefore believe that the CTRRP have not completed their duties.

This set aside request was submitted to the panel more than 12 weeks outside the time period for that request. In addition the CTRRP have not advised the Appellant of their right to challenge the set aside decision within 7 days of the set aside decision.

Can anyone clarify this point? If a disregarded person is not counted as an adult in the household how can their income be considered in the Council Tax Reduction calculations.

I have been involved in many legal actions through supporting disabled parties in securing their rights but I have never seen such a poorly administered case as this action here.

Very keen to get an independent view on the above.

Thanks in advance

[lgfa92]

Re: Severe Mental Impairment - Liable Person

It seems to have started getting somewhere...

Can anyone clarify this point? If a disregarded person is not counted as an adult in the household how can their income be considered in the Council Tax Reduction calculations.

Because they use different criteria to make assessments - the Council Tax Reduction/Support scheme in Scotland is a specific form of reduction which requires a specified set of rules (although it's uses the powers under section 80 of the LGFA92 to be apply to apply a reduction)

Just to clarify - is the 50% reduction they've applied so far a Council Tax discount or an amount of Council Tax reduction/support ? Have the appropriate Council Tax discounts now been applied ?

Craig

[Magrew]

Re: Severe Mental Impairment - Liable Person

No, the 50%reduction is taking account of all adults being disregarded but I maintain that there should be a further discount due to the Disability Discount eligible for the fact a room is required to manage the needs of an autistic individual confirmed in writing by a clinical psychologist and already accepted by this council in respect of housing needs.

Then, once the level of liability has been established, I believe that the potential level of council tax reduction needs to be assessed. I cannot fathom the logic whereby an individual who is disregarded, and by definition is not regarded as an adult in respect of Council Tax, can have there earnings considered in the assessment of a Council Tax Reduction assessment. For me the logical conclusion is that their income is considered to be zero because they are not an adult in respect of Council Tax, even if they are the owner and therefore the liable person. This would then lead to a 100% CTR assessment and the only liability being the discounted level of water and sewage charges.

Is there a flaw in my logic?

[lgfa92]

Re: Severe Mental Impairment - Liable Person

further discount due to the Disability Discount eligible for the fact a room is required to manage the needs of an autistic individual confirmed in writing by a clinical psychologist and already accepted by this council in respect of housing needs.

A Disabled band reduction.

No, the 50%reduction is taking account of all adults being disregarded

A mixture of SMI and Carers ?

I cannot fathom the logic whereby an individual who is disregarded, and by definition is not regarded as an adult in respect of Council Tax, can have there earnings considered in the assessment of a Council Tax Reduction assessment

Because they are still an adult and resident in the property as far as Council Tax is involved, all that happens is the Council Tax system decides to ignore their residence for the specific purpose of calculating the charge. A subtle distinction perhaps, but a distinction just the same - that is why a person can be disregarded as far as the charge calculation is concerned but still be liable. Council Tax support/reduction looks (primarily) at Council Tax liability when figuring out who can claim in the first instance.

Is there a flaw in my logic?

Yes.

Council Tax Support/Reduction although paid to support a person with their Council Tax charge is an independent system and so free to have it's own rules - the key rule that relates it to Council Tax is that the scheme requires that a person has to be liable for a Council Tax charge to claim the help. You have to think more of it being someone simply offering a person money to help pay any Council Tax charge they do have (on the basis of their (and sometimes the households) finances) rather than anything else.

A lot of the issues come from the position of a non-means tested tax having a system which helps with payment, but only on the basis on means testing. It's always going to sit together awkwardly.

Craig