SMI without MRC/HRC DLA award

Hi Rightsnet

I have a mentally ill client who receives an indefinite award of LRC & HRM of DLA.  He presently does not wish to try for a supercession as is in crisis.  I have the SMI form for council tax but he unfortunately is not in receipt of the specified benefits to qualify as took an early pension and his income is too high to qualify for ESA.  He is also not over state pension age.

If the GP signs the declaration, is there any way that the council would accept the fact that he is not on MRC or HRC DLA in order to apply the exemption?  If you are over state pension age you can claim the exemption as if it were not for your age, you would be claiming IB, IS, ESA etc but as my client is 52 this does not apply.  He is basically being discriminated for not being old enough!

Any thoughts?

Thank you

Wouldn’t he have an underlying entitlement to ESA?  A credits only claim?

To qualify on the grounds of SMI for council tax discount, the person must be entitled to (though not necessarily in receipt of) one of the prescribed benefits.  Whilst he may meet the LCW criteria for ESA, he would not be deemed “entitled to” ESA (I would of thought) unless either his income is low enough for income-related ESA or he meets the contribution conditions for contribution-based ESA.  But does anyone else have any thoughts..?  Is it sufficient or possible to meet the criteria for SMI by demonstrating LCW through a credis only claim?