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Top Housing Benefit & Council Tax Benefit topic #4873

Subject: "Disability reductions for Council Tax" First topic | Last topic
Semitone
                              

welfare rights officer, Redcar & Cleveland Welfare Rights
Member since
22nd Jan 2004

Disability reductions for Council Tax
Tue 01-May-07 03:33 PM

I've always argued that the Disability reduction as well as discounts should be backdated without hindrance for as long as the conditions are fulfilled but seem to be encountering more difficulties getting this done. All references I've seen say this is the case and there are no restrictions on backdating.We are going to conduct a mini campaign aimed at homeowners who seem the target group most unaware they can have them. Can anyone say specifically if theres anything in the LGFA that limits backdating. Schedule 1 Para 11 of the act states

11. A person shall be disregarded for the purposes of discount on a particular day if—
(a) on the day he falls within such description as may be prescribed; and
(b) such conditions as may be prescribed are fulfilled.

In the absence of anything limiting backdate would’nt that be enough to settle it?.
I checked some other local authority sites to see what was happening elsewhere and came across this.

"The disabled reduction can only be backdated to the beginning of the financial year in which the application is made; therefore a new application form is required each year."

So theres one authority that’s regularly kicking applications for backdating into touch.

Anybody able to clarify

  

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Replies to this topic
RE: Disability reductions for Council Tax, nevip, 01st May 2007, #1
RE: Disability reductions for Council Tax, nevip, 01st May 2007, #2
      RE: Disability reductions for Council Tax, Semitone, 02nd May 2007, #3

nevip
                              

welfare rights adviser, sefton metropolitan borough council, liverpool.
Member since
22nd Jan 2004

RE: Disability reductions for Council Tax
Tue 01-May-07 04:49 PM

The LA are wrong. The language of the reg is clear (and similar to reg 11 - sole occupancy etc). A person SHALL be disregarded....ON A PARTICULAR DAY....

If you get hold of any CPAG council Tax handbook you will find at the end of the section on discounts a paragraph on backdating and they are quite clear on this.

Regards
Paul

  

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nevip
                              

welfare rights adviser, sefton metropolitan borough council, liverpool.
Member since
22nd Jan 2004

RE: Disability reductions for Council Tax
Tue 01-May-07 04:54 PM

I should have made it clear that this covers disability reductions as well. The chapter (in CPAG) covering this makes it quite clear also.

  

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Semitone
                              

welfare rights officer, Redcar & Cleveland Welfare Rights
Member since
22nd Jan 2004

RE: Disability reductions for Council Tax
Wed 02-May-07 08:23 AM

Cheers for that. I felt sure I was right but these days you never know what they might have sneaked in by the back door.

  

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Top Housing Benefit & Council Tax Benefit topic #4873First topic | Last topic