Client clearly permanently smi due to brain damage following RTA.

We applied for exemption but despite the LA writing to his GP 4 times, apart from his first response when he asked for payment, he has failed to respond to them.

The LA been very good at trying to chase this up with the GP but I would have thought they could accept the fact that he has a Receiver appointed by Court of Protection because he is incapable of dealing with his own affairs. Apparently not.

He doesn't have any other 'medic' who we might approach unless I suppose we refer to one of our experts who would then have to examine him and obviously charge for this.

I don't have resource material on council tax legislation so can anyone help with how I can prove smi without having to go down this route?

Fri 11-Jul-08 11:31 AM by Tony Bowman

From CPAG's Council Tax Handbook:

To count as SMI, the person concenred must have a certificate of confirmation from a registered medical practitioner...Doctors must issue certificates free of charge.

The discount is provided for by para 2 of schedule 2 Local Government Finance Act 1992.

Sorry, but I couldn't find a reference to bit about charging. A google search revealed that lots of LA's have info on thier webpages.

Tony

The LA told him under the legislation doctors are not to ask for payment and also sent him copies of GMC guidelines.

It states in the 7th Edition of the CPAG Council Tax Handbook that the person who is SMI will need a Certificate of Confirmation from a registered medical practitioner.

It also says the Doctor must issue the cert free of charge.

There's no reference to legislation for this part of the text however the fact that it states "The Doctor must issue the cert free of charge" implies it may be part of the GP contract to issue this.

It may be worth checking that angle and seeing if the PCT can bring any pressure to bear on the GP to issue the client with the certificate they need.

Really hope this helps.

Nicky

I'll try the PCT I think. Thanks Nicky.