Hi

Can anyone help me…? I’m currently challenging a Local Authority who is insisting on including a non dependent deduction for Council Tax benefit purposes. My client is receiving Incapacity Benefit, he is the claimant. His son is severely mentally impaired and receives the highest rate of DLA care and mobility and Incapacity Benefit

I believe there should be no non dependant deduction for council tax purposes…does anyone agree with me and if so, do you know where I can find the law relating to this as I cannot find any at all!!??

Regards

Nikki

Nicky,

You want Regulation 58 of the Council Tax Benefit Regualations 2006. Reg 58(8)(b):

" (8) No deduction shall be made in respect of a non-dependant—

(a) who is on income support, state pension credit or an income-based jobseeker's allowance; or

(b) to whom Schedule 1 of the 1992 Act applies (persons disregarded for purposes of discount) but this sub-paragraph shall not apply to a non-dependant who is a student to whom paragraph 4 of that Schedule refers."

Assuming that your client's son is disregarded as severely mentally impaired it seems to fit.