Backdated CTAX benefit Over £6000- do i have to declare it for other benefitS?

[Glasgowguy2016]

I apologise, but I am not an expert in the field, but I am sure that you will get help on here if you are refused the Council tax waiver.

 

This total thing has confused me because either city office call center is wrong or local office is wrong but both can't be right

[Glasgowguy2016]

This is a new version old thread after new info

 

What happened was I have aspergers and my support worker to claim a SMI ( severe mental impairment) for council tax exemption.

 

I took it to the doctor and she stamped the letter but she reworded it moderate instead of severe I have been since told doctors can' do that to help, but my local council tax office said something about because of severe disability premium or severe disability not severe mental impairment and ESA support group and h rate care l rate mobility means I still qualify.

 

Today (22nd Oct) I was told that despite not getting severe in SMI "

Andrew do you have an autism diagnosis ? it's just that having autism is classed as a severe lifelong mental impairment which is why autistic people can never join the army for example and why dx is difficult to get - it's not pretending it's just what it comes under - council tax also use socially impaired to categorise it when SMI can't.

 

So last week then I phoned the city council tax call Center they disagreed,

my local one says they not specialists and she asked her council tax practitioner she agreed again that I still qualify could match above info.

[stu007]

Hi Glasgowguy2016

 

I am going to merge this thread with your old thread.

 

Although you have new information it is still on the same SMI Issue so best to keep to one thread.

[Glasgowguy2016]

I'm wondering if the new info makes sense

[Glasgowguy2016]

I'm wondering if the new info makes sense

 

Due to things like

 

" Andrew do you have an autism diagnosis ? it's just that having autism is classed as a severe lifelong mental impairment which is why autistic people can never join the army for example and why dx is difficult to get - it's not pretending it's just what it comes under - council tax also use socially impaired to categorise it when SMI can't."

 

And also " or severe disability not severe mental impairment and ESA support group and h rate care l rate mobility means you might still qualify.

[Glasgowguy2016]

Due to things like

 

" Andrew do you have an autism diagnosis ? it's just that having autism is classed as a severe lifelong mental impairment which is why autistic people can never join the army for example and why dx is difficult to get - it's not pretending it's just what it comes under - council tax also use socially impaired to categorise it when SMI can't."

 

And also " or severe disability not severe mental impairment and ESA support group and h rate care l rate mobility means you might still qualify.

 

Any advice

[honeybee13]

Hello there. Weekends are always quieter here, please bear with us until people can get here.

 

HB

Edited October 23, 2016 by honeybee13
Addition.

[Glasgowguy2016]

Hello there. Weekends are always quieter here, please bear until people can get here.

 

HB

 

I know it's just wondering if my local office my be right due to the social functioning issue

[honeybee13]

I know it's just wondering if my local office my be right due to the social functioning issue

 

Apologies, I edited my post above so it makes sense.

 

HB

[Shoelover]

My son has aspergers. He is very bright & high functioning - his issues with social skills (i.e. reading the subtle subtext) do not amount to SMI.

I don't think Autism alone are grounds for smi exemption

[Glasgowguy2016]

My son has aspergers. He is very bright & high functioning - his issues with social skills (i.e. reading the subtle subtext) do not amount to SMI.

I don't think Autism alone are grounds for smi exemption

 

I do agree but this was my support people Who thought so, but then some council tax practitioner in the local office said no you do

[martin2006]

Hi Glasgowguy,

I completely understand why you feel so confused over all of this, my son has had Autistic Spectrum Order all if his life and as his parent and carer i have had to jump through hoops of fire when dealing with anything to do with benefits, they simply dont understand the condition and apply rules like robots.

 

That said, Asperger's is a part of ASD which is where the confusion surrounding the difference between severe and moderate lies.

 

Craig has given you the best information available and its now a waiting game to see how the officer applies the rules to your claim for smi exemption.

As this is a complex area of the benefits system it will no doubt be misunderstood by the less experienced staff and its fair to say its wrong of them to give an uninformed opinion creating the confusion you now have.

 

Its never a case of things being black and white, there are grey areas which isnt helping you to understand but all i can tell you for now is to wait until you have a written decision on it, there is always the route of appealing if you disagree with it.

 

As previously advised, it would be a huge help if any other of your medical professionals could state the severity of your condition rather than stating it as moderate.

 

I am now subscribed to the thread and will keep an eye on any updates.

[Glasgowguy2016]

What I wonder is

 

Applies the rules to the claim ( I been told the only way to exemption is severe)

 

So my question is who is correct local or city office call center

 

I do agree it's moderate, my brother is worse than me.

[martin2006]

Until you have the decision in writing you will not know, what that decision is will tell you who was right and who was wrong.

[Glasgowguy2016]

Would it not be scary if my local office who know all my benefits inside out was totally wrong

[martin2006]

No not scary i dont think, its clearly a specialised area which i doubt is too common an occurrence, we are all human and inevitably, sometimes errors are made but until its been dealt with by the appropriate office, its impossible to comment further on who's right and who's wrong.

[Glasgowguy2016]

No not scary i dont think, its clearly a specialised area which i doubt is too common an occurrence, we are all human and inevitably, sometimes errors are made but until its been dealt with by the appropriate office, its impossible to comment further on who's right and who's wrong.

 

But if the local office where you live, not only says you can get a council tax exemption, Confirms 3 times and works out the money I'd be due back and it doesn't exist

[martin2006]

Well yes i agree so long as they used the correct criteria, let it run its course for now and see what the decision maker replies with.

[Glasgowguy2016]

A woman got backdated severe disability premium of £11,000 and she was told she doesn't need to declare it on ESA or pay any deductions.

 

 

So if I got backdated council tax and it took me over £6000 what do I do

[antone]

Backdated benefit payments are disregarded as capital for 52 weeks from the date they are paid - after that, they count towards the £6,000 (and £16,000) capital limits.

 

I would advise declaring it, but it shouldn't affect your benefits for roughly a year.

[Glasgowguy2016]

Right so If I go over the £6000 lower limits by backdated council tax ,I declare it but won't be treated as income, then if I'm still over £6000 after a year then it is treated as savings that correct

 

Well it will be a wait to find out

[AndyOrch]

Related thread.....

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?471004-Thousands-owed-council-tax-refunds-after-paying-unnecessarily

[Glasgowguy2016]

But that sounds good but does that not mean more than thousands are entitled

[Glasgowguy2016]

Well the info earlier put in the link was wrong correct info

 

Thousands of people could be due a council tax refund because they've been paying it unnecessarily.

 

Most people know that students are exempt from paying council tax, and single people can claim a discount but there are several other situations where you shouldn’t be paying it too.

 

This means that if someone in your household has a severe mental impairment you are entitled to a 25% reduction on your council tax bill.

 

Or, if that person is living alone, they shouldn’t be paying council tax at all.

 

Plus, if you have been paying council tax for them you can claim a refund.

 

[Read more: Do smart meters really offer good value?]

 

Who’s entitled to a council tax reduction?

There are a number of scenarios where you are entitled to claim a discount on your council tax bill.

 

1. If you live alone

 

Single-person households are entitled to a 25% discount on their bill.

 

2. Students

 

Anyone in full-time education is exempt from paying council tax. If someone living in your household is a full-time student you can claim a 25% discount on your bill.

 

3. You are eligible for certain benefits AND you have been medically certified as having a severe mental impairment

 

If you have a severe mental impairment and claim any of the following benefits, you are exempt from paying council tax:

 

attendance allowance under Section 64 of the Social Security Contributions & Benefits Act;

 

severe disablement allowance;

 

the highest or middle rate of the care component of a disability living allowance;

 

the daily living component of personal independence payment;

an increase in the rate of your disablement pension;

 

disabled persons tax credit;

 

incapacity benefit;

 

employment and support allowance;

 

unemployability allowance of supplement;

 

constant attendance allowance or income support, including a disability premium.

4. Apprentices

 

5. Student nurses

 

6. Persons in detention

 

7. Patients whose main residence is a hospital

 

8. Patients in homes

 

9. Care workers

 

10. Members of religious communities

 

Anyone who has no income or capital of their own and is dependent on a religious community for support is exempt from council tax.

 

An example of this would be a nun living in a convent.

11. Members of international headquarters and defence organisations

 

12. School and college leavers

[Glasgowguy2016]

But I am yet to find out how I qualify, as I can't find any reason