PIP, DLA and AA
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PIP and Council Tax reduction.

Paulines7Paulines7 Member Posts: 18 Listener
I represented my son and he won his Appeal for PIP at the Court Tribunal.  The Court awarded it on 12th December and DWT stated that they had 28 days to appeal the Court's decision.  They didn't appeal and the PIP was backdated it to when my son first applied for it in May 2018.  His PIP score is high enough for him to not have to pay Council Tax.  However, the local council benefit team will only backdate this for one month.  He moved into his present flat on 28th November 2018 and I applied for Council Tax reduction for him on 8th January 2019 as the 28 days were up and the DWT were not going to appeal against the Court's decision.  Effectively, when he moved into his home on 28th November, his PIP now covered that period.  The Council are charging him almost £50 for the first 2 weeks and said I was late in applying.  How could I apply sooner, for if I had said he was in receipt of PIP, I would have been lying because we didn't know the outcome of the Tribunal as it hadn't taken place?  Does anyone know of any legislation that covers this?  In my son's case it is not a lot of money but for others awaiting their appeals for PIP, it could be a lot more.  I am taking the Council Tax benefit people to an appeal and I am also waiting to hear what the CAB says about it but meanwhile I thought I would ask on here as it cannot be a problem relating only to my son. 

Replies

  • poppy123456poppy123456 Member Posts: 22,218 Disability Gamechanger
    HI,

    I don't understand why he/you didn't apply for CTR when he first moved into the property. Low income qualifies for a reduction. Does he claim any means tested benefits?
    Community champion and proud winner of the 2019 empowering others award. This award was given for supporting disabled people and their families for the benefit advice i have given to members here on the community.
  • Paulines7Paulines7 Member Posts: 18 Listener
    He had 2 appeals pending.  One was for PIP and the other one was for the disability element of his University Credit.  For his Tribunals, I had to get letters from GPs, mental health teams, psychologists etc and write a report on how my son's illness affects him.   When my son moved in, my husband was undergoing treatment for cancer at the Royal Marsden and was also suffering from depression.  We had to buy and fit carpets in my son's flat and buy and fit everything else for it.  There were no curtain tracks, curtains, lampshades, furniture or white goods.  He had no crockery, cutlery, pans etc as he had been living with us before.  My son was also in a very depressive state at this time. What with Christmas and New Year, everything got on top of me. 
  • Shirlwain100Shirlwain100 Member Posts: 2 Listener
    Hi was just reading your post, I didn't know we could get free council tax, what is the criteria for this?
  • poppy123456poppy123456 Member Posts: 22,218 Disability Gamechanger
    Hi was just reading your post, I didn't know we could get free council tax, what is the criteria for this?
    It's not free council tax. It's called council tax reduction and claiming it totally depends on your circumstances. Low income will qualify someone for council tax reduction. https://www.citizensadvice.org.uk/benefits/help-if-on-a-low-income/help-with-your-council-tax-council-tax-reduction/council-tax-reduction-making-an-application/council-tax-reduction-who-can-apply/

    Community champion and proud winner of the 2019 empowering others award. This award was given for supporting disabled people and their families for the benefit advice i have given to members here on the community.
  • poppy123456poppy123456 Member Posts: 22,218 Disability Gamechanger
    Paulines7 said:
    He had 2 appeals pending.  One was for PIP and the other one was for the disability element of his University Credit.  For his Tribunals, I had to get letters from GPs, mental health teams, psychologists etc and write a report on how my son's illness affects him.   When my son moved in, my husband was undergoing treatment for cancer at the Royal Marsden and was also suffering from depression.  We had to buy and fit carpets in my son's flat and buy and fit everything else for it.  There were no curtain tracks, curtains, lampshades, furniture or white goods.  He had no crockery, cutlery, pans etc as he had been living with us before.  My son was also in a very depressive state at this time. What with Christmas and New Year, everything got on top of me. 
    I'm sorry to hear that. Did you explain why he/you didn't apply when he moved into the property? Usually CTR can be backdated 1 month. https://www.citizensadvice.org.uk/benefits/help-if-on-a-low-income/help-with-your-council-tax-council-tax-reduction/council-tax-reduction-making-an-application/council-tax-reduction-backdating-an-application/

    Community champion and proud winner of the 2019 empowering others award. This award was given for supporting disabled people and their families for the benefit advice i have given to members here on the community.
  • Paulines7Paulines7 Member Posts: 18 Listener
    They will backdate for 1 month but the date I applied was the date of the PIP award.  I couldn't apply before that date because it wasn't in force until then. The PIP was backdated though by the Appeals Court, so if DWT had not turned it down at the time there wouldn't have been a problem. 

    In my Council's reduction scheme regulations, my son qualifies as a "Protected Person" because he gets PIP and the tax deduction for a protected person is 100%.
  • wildlifewildlife Member Posts: 1,314 Pioneering
    I've never heard of a "Protected Person" before. Surely everyone on PIP can't get 100% CT reduction. I applied under mental health but was turned down as i haven't got dementia or a cognitive disability. 
  • Paulines7Paulines7 Member Posts: 18 Listener
    It was my son's support worker who told me about it.  Were you turned down for PIP or Council Tax Reduction, Wildlife? 


  • nutsvillenutsville Member Posts: 10 Listener
    What does Protected Person mean
  • wildlifewildlife Member Posts: 1,314 Pioneering
    Council Tax but it doesn't matter, I was just wondering what a Protected person was?  
  • Paulines7Paulines7 Member Posts: 18 Listener

    “protected person” means a person who is not a pensioner who is in receipt of, or who is responsible for a child or young person that is also part of his or her household who is in receipt of, one or more of the following benefits: disability living allowance, personal independence payments, or is in receipt of a war disablement pension or any of the war widow or war widower pensions.

    Wildlife, Local Authorities make up their own rules.  If you are not a pensioner, please let me know your Local Authority and I will see if I can find anything in their regulations.





  • poppy123456poppy123456 Member Posts: 22,218 Disability Gamechanger
    You can claim for cancel tax exemption if you're severely mentally impaired but for this you'll need your GP to fill out a form. Is this what you mean?

    There's no such thing as a protected person discount for Council tax.

    A PIP award doesn't automatically qualify someone for CTR so i don't understand why you had to wait for the decision on the PIP to claim council tax reduction. Low income and claiming a means tested benefit will entitled you to CTR. Then if you live alone you'll receive 25% reduction as well.


    Community champion and proud winner of the 2019 empowering others award. This award was given for supporting disabled people and their families for the benefit advice i have given to members here on the community.
  • Paulines7Paulines7 Member Posts: 18 Listener
    "There's no such thing as a protected person discount for Council tax"    According to my LA, that's what they call someone under pensionable age who is in receipt of, one or more of the following benefits: disability living allowance, personal independence payments, or is in receipt of a war disablement pension or any of the war widow or war widower pensions.

    My son is not severely mentally impaired, he is mentally ill.  He has been ill for over 20 years.

    "A PIP award doesn't automatically qualify someone for CTR so i don't understand why you had to wait for the decision on the PIP to claim council tax reduction. Low income and claiming a means tested benefit will entitled you to CTR. Then if you live alone you'll receive 25% reduction as well".  

    I decided to wait for the PIP Appeal result as I was overwhelmed by everything.  I knew nothing about Council Reduction Schemes and didn't think it would matter if I waited until I had the PIP result.  Everything came at once and I didn't know where to turn.  Christmas morning I was in tears as the house was in such a state and looked like a bomb had hit it. The house hadn't been vacuumed and the working surfaces were dirty.  No food was prepared or decorations put up and I had the family coming.  I felt like running away.   I am registered disabled because of osteoarthritis and deformed feet and I can usually manage with my husband's help (he does the vacuuming) but he was in such a lot of pain since having Cyber Knife treatment in November and he kept having to go to bed.  I was so tired and exhausted.  Fortunately my eldest son arrived with my grandchildren. He told me to go and sit down and he did everything with my grandson, granddaughter and youngest son doing what they could to help him. 

    Having to look after two ill people, getting my son's flat sorted (we went there practicly every day... a 20 mile round trip), dealing with two Appeals and umpteen trips to the GP as well as going up to London with my husband in December and January, (a 200 mile round trip each time) was just awful. 


  • poppy123456poppy123456 Member Posts: 22,218 Disability Gamechanger
    That's a lot to deal with. I have googled protected person exemption for council tax and nothing comes up. To be honest i've never heard of that.
    Community champion and proud winner of the 2019 empowering others award. This award was given for supporting disabled people and their families for the benefit advice i have given to members here on the community.
  • Paulines7Paulines7 Member Posts: 18 Listener
    That's a lot to deal with. I have googled protected person exemption for council tax and nothing comes up. To be honest i've never heard of that.


    Try looking here.  Pages 12, 13 and 33.  file:///C:/Users/pauli/Downloads/Wiltshire-council-council-tax-reduction-scheme-2018v1(2).pdf

  • poppy123456poppy123456 Member Posts: 22,218 Disability Gamechanger
    I'm totally confused by that. My advice is to wait to speak to your local CAB.
    Community champion and proud winner of the 2019 empowering others award. This award was given for supporting disabled people and their families for the benefit advice i have given to members here on the community.
  • wildlifewildlife Member Posts: 1,314 Pioneering
    I am a pensioner and severely limited by mental health as regards a diagnosis of complex PTSD but my Doctor wouldn't sign the form because I don't have the conditions listed on the actual paperwork that qualifies for a council tax reduction. We already get a reduction due to a low income so am happy to leave it at that.   
  • Paulines7Paulines7 Member Posts: 18 Listener
    Wildlife, it's very different for a pensioner as they have a retirement pension whereas someone under pensionable age has to live off benefits alone if they are unable to work.  His benefit since they stopped his DLA is about half that of my retirement pension so he has really struggled.  Now he has PIP, he will be a bit better off. 
  • wildlifewildlife Member Posts: 1,314 Pioneering
    @Paulines7 I am worse off than my son by quite a lot. He's on ESA and PIP. It's because I only get about half the retirement pension because we fostered and then adopted children and I didn't pay all the necessary NI contributions while I was at home with them. So you can't really generalize and say pensioners are better off than working age people. We went to France in 2006 to try and get our boys (young men as they were then) away from all the bad things on the streets of this country and it didn't work out. We had a family business that went under and we lost everything. Now every day is a struggle but one son has made good since then and the other is cared for by us. It's not easy... 
  • Paulines7Paulines7 Member Posts: 18 Listener
    I am sorry that it didn't work out for you in France and that your family business went under.  We thought about moving to France ourselves after we retired but then the grandchildren came along and we decided to stay at home.  Maybe when talking about pensioners in my last post I should have said most pensioners have a retirement pension.  My pension is a basic one but is still more than my son has been living on.  Fortunately my husband also has a retirement pension and one from his work so we are better off now than when we were working.  Our hard times were in the 80's when we had a mortgage and the interest rate went up from 7% to 15.5%.  I had two children under 5 and in those days I couldn't get a job because at interviews they asked about children.  The mortgage swallowed up a lot of my husband's wages and we lived on baked beans, egg or spaghetti on toast.  Fortunately my parents helped us out with essentials for the boys, such as shoes.  Eventually Safeway took me on and I worked part time there.  That extra money made such a difference. 
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