Has anyone seen any guidance or case-law to help with defining SMI a bit more clearly? Specifically our client has schizophrenia and depression but council tax department are refusing exemption on SMI grounds because 'the condition is being treated and is not degenerative' and therefore 'she does not meet the criteria'. Does this sound right?

Helen

SMI - This means someone who has a severe impairment of intellience and social functioning which appears to be permanent, has a medical certificate to confirm this and is in receipt of one or more of the following -

DLA high rate care
Attendance allowance
Incapacity Benefit or SDA
Income Support which includes a disability premium

Perhaps the LA could explain what they consider to be a "Degenerative" mental health condition - and the regs that they have used to justify this position - mind you, looking at it from another angle, a person suffering from Schizophrenia could degenerate quite quickly if they do not take the prescribed medication as directed and regularly.

At this Authority, we have a form which we get the GP to sign certifying the diagnosis, and if one or more of the above benefits are in place then we treat the claim accordingly.

In England and Wales the Legislation is to be found in Sch 1 Para 2 of the Local Government Finance Act 1992 and S3 of the Council Tax Discounts order 1992 SI 1992 no 548

Sch1 para 2 of the Act says:

2.—(1) A person shall be disregarded for the purposes of discount on a particular day if—
(a) on the day he is severely mentally impaired;
(b) as regards any period which includes the day he is stated in a certificate of a registered medical practitioner to have been or to be likely to be severely mentally impaired; and
(c) as regards the day he fulfils such conditions as may be prescribed by order made by the Secretary of State.
(2) For the purposes of this paragraph a person is severely mentally impaired if he has a severe impairment of intelligence and social functioning (however caused) which appears to be permanent.

(3) The Secretary of State may by order substitute another definition for the definition in sub-paragraph (2) above as for the time being effective for the purposes of this paragraph


S3 of SI 1992 no 548 says

3.—(1) The condition prescribed for the purposes of paragraph 2(1)(c) of Schedule 1 to the Act is that the person in question is entitled to one of the qualifying benefits listed in paragraph (2) below.

(2) The qualifying benefits for the purposes of paragraph (1) are—
(a) an invalidity pension under section 33, 40 or 41 of the Social Security Contributions and Benefits Act 1992<5>;
(b) an attendance allowance under section 64 of that Act;
(c) a severe disablement allowance under section 68 of that Act;
(d) the care component of a disability living allowance under section 71 of that Act, payable at the highest rate under section 72(4)(a) or at the middle rate under section 72(4)(b) of that Act;
(e) an increase in the rate of his disablement pension under section 104 of that Act (increase where constant attendance needed);
(f) a disability working allowance under section 129 of that Act for which the qualifying benefit is one falling within subsection (2)(a)(i) or (ii) of that section, or is a corresponding Northern Ireland benefit;
(g) an unemployability supplement under Part I of Schedule 7 to that Act;
(h) a constant attendance allowance under—
(i) article 14 of the Personal Injuries (Civilians) Scheme 1983<6>; or
(ii) article 14 of the Naval, Military and Air Forces etc. (Disablement and Death) Service Pensions Order 1983 (including that provision as applied, whether with or without modifications, by any other instrument);
(i) an unemployability allowance under—
(i) article 18(1) of the Personal Injuries (Civilians) Scheme 1983<7>, or
(ii) article 18(1) of the Naval, Military and Air Forces etc. (Disablement and Death) Service Pensions Order 1983 (including that provision as applied, whether with or without modifications, by any other instrument).

Mental impairment is mental impariment in my opinion.I do not think there is such a condition as degenerative mental impairment except in so far as the impairment is a result of a degenrative brain or neurological condition such as Alzheimers disease or Huntingdons Chorea.

I know of no legislative requirement that mental impairment for discount purposes neds to be degenerative, it only has to be severe, and certified as such by a medical practioner

Thanks for that, I imagine the legislation for up here in Scotland says something pretty much the same.

As far as the form goes, our LA has one as well, which in this case the GP did sign, and provided further details of the client's illness. It seems that the client can go shopping and attend a club of some kind (doctor's handwriting...grrr) but has little spontaneous speech, low mood, a home help, CPN input and regular psychiatric review.

It seems that this is too much social functioning for our LA. Their original letter stated that it was "the policy of the Revenues Department not to award SMI exemption for depression and schizophrenia as your condition is being treated and is not degenerative". When we asked for a copy of that policy document, whoops, the word 'policy' disappeared and we were issued with a correction: "It is not the practice of the Revenues Department..." etc. I am deeply suspicious of this and want to know if others think I am on the right lines to challenge the council over this?

Experience shows that submission of an appeal results in a change of mind very quickly.

Status discount for SMI is not discretionary, so statements about the LA's policy or practice are likely to be evidence that the LA is acting ultra vires.

I agree that an appeal to the VT is in order. Furthermore, it is not the psychiatric label whether it be schizophrenis or Alzheimers that is relevant. What is relvant is the degree and permanence of the mental impairment whatever the cause.

I suggest that this in effect boils down to whether or not the doctor issues an SMI certificate