Client now diagnosed with chronic schizophrenia and is now in receipt of qualifying benefits for SMI exemption. Full CTB now but arrears stem from a time when she wasn't receiving any qb's but as often happens with schizophrenics she was in complete denial that anything was wrong so she hadn't even seen a doctor never mind claimed incapacity/disability bens. If she had done there's no doubt they would have been awarded.
Im clutching a straws I know but I don't suppose there's any way round the argument of notional benefits????

What was your client living on before she got round to claiming incapacity/disability benfits? Did she have any income at all?

Because of her incapacity I've only ever seen her partner so don't have specific details. They had separated for the period she accrued the c.tax arears. He says she was claiming IS as a lone parent but not as sick. I was wondering if she could possibly get a Med5 backdated twelve months to her claiming IS on her own so that she would have had entitltement to the dp for the period we're applying for the exemption. I've not tried her GP yet but I'd be asking him to give her a Med5 to early 2004 and I can imagine he would be rather reluctant. She's changed GP's in between as well. No harm in trying though I suppose.

Hi Sue, what about the local mental health services doctors providing a Med 5, may be worth doing it through a CPN, or a friendly CMHT admin person, asking them if they could use their influence with an SHO etc.

see ya andy

There are two separate issues here. One is the possibility of SMI exemption, which would effectively make the person "invisible" for Council Tax purposes; living on their own would mean no CT liability; living with one other person would qualify the liable person (which could be the disabled person themself) for single person discount.
The other option is Council Tax Benefit which is means-tested. If your client was getting IS why was she not getting full CTB? It is also be possible to claim CTB on top an SMI exemption.

Yeah I know (was that me or Vicky Pollard). I'm in the process of finding out why no CTB. I'm too late to go for late appeal now so am looking at all angles just to try and cover it.

I've just got info about the CTB. LA say claim was closed back on 1.12.04 as she had failed to contact them after couple of visits (not unreasonable for a schizophrenic I would have thought)

At this very late stage, even if she gets a Med5 from 1.12.03 I still can't see how she can get the dp a year later.

Any suggestions would be much appreciated.

As a last resort I'll have to see if LA will use their discretion to write off.