Hello

Could anyone advise me, please? I ahve been asked about someone being not counted for HB/CTB purposes because of SMI and I wonder whether anyone has any thoughts/experience on the implications. If someone is severely mentally impaired for these purposes might this affect his/her rights in other matters e.g. inheritance?

Any thoughts gratefully received.

Do you mean in relation to the person who is deemed SMI writing a will and being seen as being of sound mind etc etc?

Or do you mean would it affect any inheritance that was actually left to them?

if it helps, i was looking up this mornign the question of who has to pay council tax, and anyone with an SMI is disregarded and doesn't have to pay.

look up "liability for council tax" as a google search term.

does that help?

You might find more inforamtion on the Mental Capacity Act 2005 useful. The DCA have some useful guidance leaflets available at:

http://www.dca.gov.uk/legal-policy/mental-capacity/guidance.htm

Cheers Clare but I was really thinking more along the lines of the implications for the SMI person, as in Bensup's reply. I wonder whether this would affect either the SMi'rs right to inherit or to make a will, or whether there are any other human rights questions to consider; the right to vote, for example?

See my post above

Ha! I wasn't ignoring you, S. We must have both been typing at the same time. Thanks for the link.

I am working on a case for SMI. Client has a good report from CPNurse but I had to get a report from hospital Psychiatrist which lost his claim for SMIie client confirmed as having many mental problems but he was not SMI. I am still looking at other issues as clients home was repossed and he was pressured into a mortgage agreement stating his income as £26000 yet only income was IS,DLA and SRPension.Complaint on misselling being made on grounds of undue pressure(The independent mortgage advisor made £4500 comission on the mortgage sale!)