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Severely mentally impaired discount on Council Tax
hi All
My client is an EU national, sole tenancy and living with own mother. Her mother is in receipt of SP from another EU contry and this is topped up with few pennies of GPC. Cl is not claiming any benefits herself and she works. Both EU nationals. I tried for an SMI. She had a significant stroke in January that took over a week to diagnose. Both care and supervision needs are pretty much satisfied for Attendance Allowance but competent state is Poland and also has not been in the country for two years.
Has anyone come across similar scenario? Is there any way around this so this discount can be successfully argued? I know that she gets a little addition in her state pension towards her care needs but this is neither of the benefits listed in the regs. Any help will be much appreciated. Thank you.
“she” had a stroke
which “she”? mother or daughter?
you refer to your client as being the daughter, working, but if she had a stroke she’s surely not working?
Hi Claire and thank you for looking into this. It is the mother that had a stroke, the one that is not liable for council tax. The daughter/client is fit and healthy.
I think the wording of the rule is pretty vague and open to interpretation, but Simon’s post in this thread may be of help:
https://www.rightsnet.org.uk/forums/viewthread/12317/
Thank you for this Jon
I think the wording of the rule is pretty vague and open to interpretation, but Simon’s post in this thread may be of help:
https://www.rightsnet.org.uk/forums/viewthread/12317/
Yes, we’ve had a local partner who successfuly got SMI applied by showing the (deceased) client would have had entitlement to AA by providing medical evidence, despite never having claimed it. Nothing to lose by trying.
i thought for someone to get council tax exemption due to SMI that all the adults n the house also had to have SMI exemption?
i thought for someone to get council tax exemption due to SMI that all the adults n the house also had to have SMI exemption?
Think you’‘re confusing complete exemption from CT, see section 9.1 and 9.2 of our factsheet Council tax
Certainly the case that any one individual can attract an SMI discount.