Is backdating for the disability reduction scheme for council tax discretionary?

Hi

I have a client who has been awarded the Disability Reduction Scheme for her Council Tax.  However, it has only been backdated to the start of the financial year. 

I wrote to the local authority asking them to backdate it 16 years as this is how long the client has lived in her house and needed the extra room.

However, the council has written back saying they will not backdate it any further because it is the council tax payers responsibility to apply for the discount when they first need it. 

Another one of my clients had her Disability Reduction Scheme backdated for three years by another local authority and she was awarded it without having to appeal

Is the backdating at the discretion of the local authority?  Does my client have appeal rights?

Thanks

Apply to the valuation tribunal - my understanding is that the client will have to show “eligibility” over any retrospective period, but DOES NOT have to show why they didn’t apply previously…it is a discretion and subject to rules of administrative Law. At present, I further understand (but could be corrected)  the guidance makes no mention of time limits…so it would seem that any time to 1993 (intro of C/tax) is game..see Council Tax (Reduction for Disabilities) Regulations 1992

Thanks for your help

Does anyone know if I can access the regulations online?

The regulations as made can be accessed on http://www.legislation.gov.uk/uksi/1992/954/contents/made. You can probably find the current version as amended form the same website.

Thanks for your help

The Council Tax (Reductions for Disabilities) Regulations 1992

1992 No. 554 Section 3 states

3.—(1) Subject to paragraph (4), a person is an eligible person for the purposes of these Regulations if–

(a)he is a liable person as regards a dwelling which is the sole or main residence of at least one qualifying individual and in which there is provided–.
(i)a room which is not a bathroom, a kitchen or a lavatory and which is predominantly used (whether for providing therapy or otherwise) by and is required for meeting the needs of any qualifying individual resident in the dwelling; or.
(ii)a bathroom or kitchen which is not the only bathroom or kitchen within the dwelling and which is required for meeting the needs of any qualifying individual resident in the dwelling; or.
(iii)sufficient floor space to permit the use of a wheelchair required for meeting the needs of any qualifying individual resident in the dwelling; and.
(b)as regards the financial year in question, an application is made in writing by him or on his behalf to that authority..
(2) For the purposes of paragraph (1), and subject to paragraph (3), references to anything being required for meeting the needs of a qualifying individual are references to its being essential or of major importance to his well-being by reason of the nature and extent of his disability.

(3) A wheelchair is not required for meeting an individual’s needs if he does not need to use it within the living accommodation comprising or included in the dwelling concerned.

(4) A person is not an eligible person for the purposes of these Regulations if the relevant valuation band as regards the dwelling in respect of which he is a liable person is valuation band A.

(5) Where the liability of a liable person who is an eligible person is joint and several, an application made by him for the purposes of these Regulations shall be treated as also made on behalf of each of the other liable persons.

This seems to suggest that the money can be backdated.

The regulations cited above were laid pursuant to a power contained in section 13 of the Local Government Finance Act 1992.  Section 13(1) is in the following terms:

(1) The Secretary of State may make regulations as regards any case where—                (a) a person is liable to pay an amount to a billing authority in respect of council tax for any financial year which is prescribed; and
(b) prescribed conditions are fulfilled
“Financial year which is prescribed”.  Prescribed in this context is defined in the regulations as follows:
Prescribed years

2.The financial years commencing with the financial year beginning on 1st April 1993 are prescribed as the years for which these Regulations apply.

So reading section 13 of The Act as a whole and together with the regulations, in my view, means that the reduction can be applied retrospectively for any year were the relevant conditions are satisfied.  This is consistent with the same way that the disregard scheme operates.  Although that scheme uses the phrase “on any day” the principle remains the same.

Thanks for your help nevip

Did one some time ago after they’d initially only awarded it from the April. After the challenge it was awarded as far back as appropriate