# Council Tax Exemption or Disregard

**URL:** <https://carersukstaging.discourse.group/t/council-tax-exemption-or-disregard/67558>\
**Category:** Benefits, finances and funding\
**Created:** [19 November 2020 17:11 UTC](https://carersukstaging.discourse.group/t/council-tax-exemption-or-disregard/67558 "2020-11-19T17:11:40Z")\
**Posts on this page:** 13\
**Page:** 3

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**Author:** ![David4](https://avatars.discourse-cdn.com/v4/letter/d/8e7dd6/32.png) [@David4](https://carersukstaging.discourse.group/u/David4)\
**Post date:** [25 November 2020 16:24 UTC](https://carersukstaging.discourse.group/t/council-tax-exemption-or-disregard/67558/41 "2020-11-25T16:24:05Z")

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Hello people

Unfortunately, it appears that our local council are correct in how they are applying the ‘50% all resident disregard’ to my mother’s property - 25% to mum (SMI) and 25% to me (carer).

Carers UK have replied to my email. There seems to be an issue regarding the lack of clarity due to the government’s guide being “interpretation of the law but not legislation which can be complex.” I’m not a lawyer and don’t understand this. Why bother at all with that final sentence in Section 5?

However, the Carers UK representative has made some recommendations regarding future reading that might improve my understanding of the Council Tax.

Best wishes to all, David

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**Author:** ![David4](https://avatars.discourse-cdn.com/v4/letter/d/8e7dd6/32.png) [@David4](https://carersukstaging.discourse.group/u/David4)\
**Post date:** [25 November 2020 16:26 UTC](https://carersukstaging.discourse.group/t/council-tax-exemption-or-disregard/67558/42 "2020-11-25T16:26:25Z")

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And I’d like to thank both bowlingbun and sunnydisposition for their help here. It’s been quite interesting!

Take care, David

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**Author:** ![bowlingbun](https://avatars.discourse-cdn.com/v4/letter/b/ac91a4/32.png) [@bowlingbun](https://carersukstaging.discourse.group/u/bowlingbun)\
**Post date:** [25 November 2020 16:33 UTC](https://carersukstaging.discourse.group/t/council-tax-exemption-or-disregard/67558/43 "2020-11-25T16:33:39Z")

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I think you ought to ask that question of your MP, showing him the exact wording.

I’ve just had another look at section 5. I think it all hinges on the word “worker”.  
It clearly states that there is not charge if there is someone with SMI and a care WORKER.

Once again, this question about whether or not the care a relative provides equates for work.

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**Author:** ![David4](https://avatars.discourse-cdn.com/v4/letter/d/8e7dd6/32.png) [@David4](https://carersukstaging.discourse.group/u/David4)\
**Post date:** [25 November 2020 17:10 UTC](https://carersukstaging.discourse.group/t/council-tax-exemption-or-disregard/67558/44 "2020-11-25T17:10:44Z")

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Hi bowlingbun

But beneath the particular description of ‘care worker’ we, as ‘carers’, are described…

“people caring for someone with a disability who is not a spouse, partner or child under 18”

I don’t intend to give up on it, but there’s a lot of reading coming I’m afraid.

David

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**Author:** ![bowlingbun](https://avatars.discourse-cdn.com/v4/letter/b/ac91a4/32.png) [@bowlingbun](https://carersukstaging.discourse.group/u/bowlingbun)\
**Post date:** [25 November 2020 18:14 UTC](https://carersukstaging.discourse.group/t/council-tax-exemption-or-disregard/67558/45 "2020-11-25T18:14:01Z")

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There are trainee barristers who operate on what they call a “pro bono” basis. Free in plain English.  
This sounds like something one of them might be very interested in.

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**Author:** ![David4](https://avatars.discourse-cdn.com/v4/letter/d/8e7dd6/32.png) [@David4](https://carersukstaging.discourse.group/u/David4)\
**Post date:** [26 November 2020 00:47 UTC](https://carersukstaging.discourse.group/t/council-tax-exemption-or-disregard/67558/46 "2020-11-26T00:47:28Z")

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Pages 71-77 of the “Council Tax Guidance Manual” have been referred to me, to check different types of exempt properties.

This manual, however, “does not replace legislation but it is more detailed and comprehensive than the government website and is used by the Valuation Services Tribunal who hear appeals about council tax decisions.”

I’ll read what’s been recommended but I get the feeling it’s nothing but a wild-goose chase again as it appears to be nothing but interpretation (whatever that in itself actually means). If a council refuses to follow the government’s interpretation of the law…

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**Author:** ![David4](https://avatars.discourse-cdn.com/v4/letter/d/8e7dd6/32.png) [@David4](https://carersukstaging.discourse.group/u/David4)\
**Post date:** [26 November 2020 00:51 UTC](https://carersukstaging.discourse.group/t/council-tax-exemption-or-disregard/67558/47 "2020-11-26T00:51:03Z")

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Wouldn’t a council be prepared for legal action bowlingbun?

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**Author:** ![bowlingbun](https://avatars.discourse-cdn.com/v4/letter/b/ac91a4/32.png) [@bowlingbun](https://carersukstaging.discourse.group/u/bowlingbun)\
**Post date:** [26 November 2020 03:12 UTC](https://carersukstaging.discourse.group/t/council-tax-exemption-or-disregard/67558/48 "2020-11-26T03:12:43Z")

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If a trainee barrister thinks there is some contradictory guidance, it’s just the sort of thing to let them get their teeth into! Sorting it out for family carers would look good on a CV!

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**Author:** ![David4](https://avatars.discourse-cdn.com/v4/letter/d/8e7dd6/32.png) [@David4](https://carersukstaging.discourse.group/u/David4)\
**Post date:** [26 November 2020 12:16 UTC](https://carersukstaging.discourse.group/t/council-tax-exemption-or-disregard/67558/49 "2020-11-26T12:16:25Z")

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I agree. And to my untrained eye there does appear to be contradictory guidance.

But the comfortable tones with which the council employee explained the issue over the phone suggests they’re ready for just this sort of situation, should it present itself. After my new reading tasks, I’ll look into the legal side of things but, although an enthusiastic trainee barrister would like something public-spirited on their CV, let’s remember it’s their own careers they’re really interested in.

I still find what appears to me to be conflicting information very strange. The language itself.

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**Author:** ![bowlingbun](https://avatars.discourse-cdn.com/v4/letter/b/ac91a4/32.png) [@bowlingbun](https://carersukstaging.discourse.group/u/bowlingbun)\
**Post date:** [26 November 2020 12:47 UTC](https://carersukstaging.discourse.group/t/council-tax-exemption-or-disregard/67558/50 "2020-11-26T12:47:45Z")

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I would ask the council employee to email the information.  
I think of it as setting a little trap.  
I have no hesitation in acting the dumb female on these occasions and use terms like “so I can get my head round it” or “so I can show my son/brother etc.etc.”  
The end goal is to get what I want as quickly and as easily as possible, with things in writing that they cannot deny saying later.

I’ve had enough of Social Services telling lies!!!

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**Author:** ![David4](https://avatars.discourse-cdn.com/v4/letter/d/8e7dd6/32.png) [@David4](https://carersukstaging.discourse.group/u/David4)\
**Post date:** [26 November 2020 13:54 UTC](https://carersukstaging.discourse.group/t/council-tax-exemption-or-disregard/67558/51 "2020-11-26T13:54:20Z")

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The woman on the phone told me to send in an email for a clearer explanation. I’ll do that.

I think how they’re trying to sidestep the issue - assuming there is one (and I think there is) - is simply by directing the tax on to the property and not the people living in it. That’s fine, but why bother with all those ‘disregarded people’ who are ‘exempt’? I know this helps to describe the type of property but it seems unsuccessful in its very purpose.

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**Author:** ![David4](https://avatars.discourse-cdn.com/v4/letter/d/8e7dd6/32.png) [@David4](https://carersukstaging.discourse.group/u/David4)\
**Post date:** [28 November 2020 00:37 UTC](https://carersukstaging.discourse.group/t/council-tax-exemption-or-disregard/67558/52 "2020-11-28T00:37:11Z")

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I’ve very inexpertly trawled through a lot of legalese today and I’m still none the wiser.

I must agree with the Carer UK’s representative ‘E’ who believes that “the confusion comes from exemptions and discounts which are distinct” and it’s “dwellings rather than people” that are exempt.

In our domestic case, I think my being the carer invalidates the exemption for mum even though I’m “not counted”. Because your son, bowlingbun, lives alone, he is exempt.

A very, very poor explanation in “a plain English guide”.

It’s a pity Citizens Advice aren’t still available to talk with face to face but I’ll still send the council here that email.

Thanks to everyone, David

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**Author:** ![NFI70](https://avatars.discourse-cdn.com/v4/letter/n/ecccb3/32.png) [@NFI70](https://carersukstaging.discourse.group/u/NFI70)\
**Post date:** [11 January 2021 14:49 UTC](https://carersukstaging.discourse.group/t/council-tax-exemption-or-disregard/67558/53 "2021-01-11T14:49:57Z")

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Very interesting read. I went through a similar process in September.

Cannot remember all the terminology but finally got to the 50% conclusion (which I believe is right/ fair).

Even to get the 50% was a battle as the majority of staff seems totally oblivious to the regulations.

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