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.
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.