Severe Mental Impairment

[Missdior]

Hi Everyone...is there anyone who can please clarify exactly what it means when claiming a refund for council tax when you have been accepted as having SMI, when they say "must have an underlying entitlement to certain benefits". I have read everything I can find on this subject as my LA are doing everything they can to get out of backdating my discount. From what I have found on the subject you do not have to have claimed one of the qualifying benefits..just have been entitled to due to your impairment. However having spoken to the DWP they cannot issue letters stating you are or indeed would have been entitled to these benefits. All that is available are your award letters once you claim. If, like myself your impairment means you didn't know about these benefits until a care worker gave you advice and claimed for you, there is no way you can get written proof of historic entitlement. In fact back in 2004 when my mental impairment started PIP didn't exist!
I might be being stupid but surely if your GP or consultant signs a medical certificate declaring when your condition started, and this condition entitles you to one of these benefits, then that should be all they need as proof.
Can anyone please clarify?

[lgfa92]

DWP will not issue letters confirming a person may have been entitled to a state benefit as they will not put themselves in a position where they have not fully assessed a person. In the decade and a half I've been dealing with council tax and tribunals I'm not aware of anyone winning on the basis of 'entitlement' rather then actual 'receipt'.

The problem is that you may have, on the face of it, met all the medical criteria but an in-depth assessment may have found a reason why you were not entitled after all (for many different reasons). A relatively recent Valuation Tribunal confirmed that councils are not there to determine entitlement to a state benefit as they are not qualified to determine DWP benefit entitlement.

SMI backdating can be a pain anyway - I've had several where I've had to take them to a Valuation Tribunal where councils have not backed down. Some you win and some you lose and that's where there is an accepted receipt of a qualifying benefit.