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Top Housing Benefit & Council Tax Benefit topic #8333

Subject: "exemption from council tax and ESA under smi" First topic | Last topic
stevenm030
                              

welfare rights officer, dundee city council welfare rights
Member since
06th Jun 2008

exemption from council tax and ESA under smi
Tue 18-Aug-09 02:38 PM

anyone know if the rules regarding exemption from council tax under severe mental impairment have been changed following the start of ESA?

  

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Replies to this topic
RE: exemption from council tax and ESA under smi, Julian Hobson, 20th Aug 2009, #1
RE: exemption from council tax and ESA under smi, stainsby, 20th Aug 2009, #2
      RE: exemption from council tax and ESA under smi, stainsby, 20th Aug 2009, #3
           RE: exemption from council tax and ESA under smi, stainsby, 20th Aug 2009, #4

Julian Hobson
                              

Policy officer, Kirklees Metropolitan Council
Member since
26th Jan 2004

RE: exemption from council tax and ESA under smi
Thu 20-Aug-09 09:37 AM

l'd have expected amendment to the consolidated SI 1992/548 through a provision in

http://www.opsi.gov.uk/si/si2008/uksi_20081554_en_1

but it doesn't seem to be there. Is ESA " an incapcity benefit under section 30A of the SSCBA 1992" if so then perhaps no amendment was necessary.

CTIL 1/2008:

http://www.communities.gov.uk/localgovernment/localgovernmentfinance/counciltax/informationletters/taxletters2008/

states

"Further minor consequential amendments to the Council Tax
(Discount Disregards) Order and the Administration and
Enforcement Regulations are now expected to be made later this
year."

but i can't find any. It might have been missed !

  

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stainsby
                              

Welfare Benefits Officer, Gallions Housing Association, Thamesmead SE London
Member since
22nd Jan 2004

RE: exemption from council tax and ESA under smi
Thu 20-Aug-09 03:52 PM

ESA is not an incapacity benefit under S30A of the Contributions and Benefits Act, it is an Employment and Support Allowance under S1 of the Welfare Reform Act 2007

  

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stainsby
                              

Welfare Benefits Officer, Gallions Housing Association, Thamesmead SE London
Member since
22nd Jan 2004

RE: exemption from council tax and ESA under smi
Thu 20-Aug-09 04:15 PM

S30A - 30E of the SSCBA were repealed by Sch 8 of the Welfare Reform Act

  

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stainsby
                              

Welfare Benefits Officer, Gallions Housing Association, Thamesmead SE London
Member since
22nd Jan 2004

RE: exemption from council tax and ESA under smi
Thu 20-Aug-09 04:29 PM

It appears that ESA as the replacement benefit after the repeal of S30A of the SSCBA by S1 of the Welfare Reform Act should still be a qualifying benefit for the SMI because S17(2) of the interpretation Act 1978 will apply

"(2) Where an Act repeals and re-enacts, with or without modification, a previous enactment then, unless the contrary intention appears,-
(a) any reference in any other enactment to the enactment so repealed shall be construed as a reference to the provision re-enacted ;
(b) in so far as any subordinate legislation made or other thing done under the enactment so repealed, or having effect as if so made or done, could have been made or done under the provision re-enacted, it shall have effect as if made or done under that provision."

  

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Top Housing Benefit & Council Tax Benefit topic #8333First topic | Last topic