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Forum Home  →  Discussion  →  Universal credit administration  →  Thread

Severe Mental Impairment for Council Tax

Damo
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Welfare support team - Bath & N E Somerset Council

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Joined: 4 September 2013

Hello, does anyone know if S3 of the council tax discounts disregards order 1992 was amended to include UC as a qualifying benefit where the LCW or LCWRA forms part of the UC award?  I have had a look on some of the SMI threads on here but I’m thinking that the government hadn’t thought of this yet… as we are a full service council we are now wondering whether people who get the SMI who migrate onto UC will lose their entitlement to their exemption.

Dan_Manville
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Mental health & welfare rights service - Wolverhampton City Council

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There’s no amendment order on legislation.gov.uk

hkrishna
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Welfare rights worker - CPAG in Scotland, Glasgow

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See reg 55 which amends to include those with LCW/LCWRA under UC - http://www.legislation.gov.uk/uksi/2013/630/regulation/55/made

Damo
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Welfare support team - Bath & N E Somerset Council

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Brilliant! Thanks a lot for your help.

stevenmcavoy
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Welfare rights officer - Enable Scotland

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Damo - 13 February 2017 02:41 PM

Brilliant! Thanks a lot for your help.

he helped me find the one for ESA when i needed it before as well.  must be his favourite regs!

hkrishna
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Welfare rights worker - CPAG in Scotland, Glasgow

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You’re making me blush Steven!

I don’t spend all my time looking at amendments to council tax regs,  honest ...

AndreaM
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Debt team - Citizens Advice Southwark

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I just came across this old thread.  I have a client who has LCW but as this was awarded in 2018 he is not getting the component paid.  He is not on PIP and not in the support, but his GP has signed an SMI form.

The legislation from the link says “...the calculation of which includes an amount under regulation 27(1) of the Universal Credit Regulations 2013 in respect of the fact that the person in question has limited capability for work…”

Does anyone know whether there have been any further updates to the legislation, or is there now a difference in entitlement to SMI depending on when the claimant was found to have LCW?