Carers , DLA , Disability , AND Income , CTR

Harley made this Freedom of Information request to Valuation Tribunal Service

This request has been closed to new correspondence from the public body. Contact us if you think it ought be re-opened.

Valuation Tribunal Service did not have the information requested.

Dear Valuation Tribunal Service,

It has been drawn to my attention that Medway Council uses DLA/PIP as income for council tax reduction calculations. Medway acknowledge that:

Disabled: The scheme is designed to help those in need whilst
encouraging people into employment. However, some households may
contain only those unable to work (disabled, carers etc) who therefore
do not have the option of increasing their income to meet the additional
council tax payments required under the amended CTRS. https://democracy.medway.gov.uk/mgconver...

In Turner 2015 Phillips J
“DLA(c) is not the same as any other income, but is awarded specially to enable disabled persons in need of personal care to cope better with their disabilities in the way they see fit. Equally, the pattern of expenditure of a disabled person may well be different and more difficult to predict than that of an applicant without a disability. "Richards J held in Turner, is it not possible to extract a wider statutory purpose that DLA(c) should be disregarded in calculating housing benefits." From the valuation tribunal decisions I also notice you have observed this in the past .

What legislation/common law applies to allow Medway Council to include DLA/PIP as "income" for CTR?

What reasonable adjustments should be provided to the CTR scheme to allow for carers and the disabled to meet the additional council tax costs , if the carer or the disabled are not eligible for Housing benefit ?who is responsible for this ?

Are Carers Liable for Council Tax ?

Are Medway providing a Blanket policy of equality to carers and the disabled, whom they know will struggle with rising costs?

Does Medway council apply any PSED where the person cannot work (as in a carer) and where Medway council are including DLA/PIP as an income for CTR?

Are Medway Council in violation of Article 14 (Council had unlawfully discriminated in their exercise of a public function contrary to section 29(6) EqA. ) as in Turner 2015

Ashford council still only apply a 5% liability to their Carers and the disabled , yet Medway council still apply 15% plus liability to similar individuals, as such how can the gap be reasonably concluded under the PSED?

Ashford Council state" In April 2013 the Government cut the funding for local authorities for council tax. The impact of this was for 2017/18 all disabled council tax payers and carers would need to pay a minimum of 5% towards their annual liability and all working age council tax payers would need to pay a minimum of 17.5%. (Ashford Borough Council) as such, why do Medway consider carers who they accept cant seek employment , then place all carers in the working age range and ask them to pay 17.5% council tax liability?

Kent county council state "Other income that could be considered for inclusion in the calculation are Disability Living Allowance (DLA) and Personal Independence Payments (PIP). These incomes are currently considered when calculating discretionary housing payments but not included within the calculation of Housing Benefit and Council Tax Support. The inclusion of this income could create issues around the equalities impact assessment and at this stage have not been included within the modelling.
Support for the disabled
53. The Council’s scheme has a special protection for the disabled, which is unique in Kent. This limits the level of contribution to 5% for the disabled and carers http://ashford.moderngov.co.uk/

Medway not have this scheme to protect disabled individuals and carers , so how can this policy apply to people in Kent but not in Medway ?

Yours faithfully,

Yours faithfully,

Harry Arley

Diane Russell,

Dear Mr Arley

VTS 04-20-277

We have received your request for information. Under the Freedom of Information Act we have to respond to you within 20 working days. If you need to contact me in the meantime about your request, please quote the number shown above.

Regards

Diane Russell
Corporate Services Manager
VTS

2nd Floor
120 Leman Street
London E1 8EU
020 7426 3906
www.valuationtribunal.gov.uk

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Diane Russell,

Dear Mr Arley

VTS 04-20-277

In response to your request below, we do not hold anything that can be provided under the Freedom of Information Act. This is because the Valuation Tribunal has no jurisdiction to look into challenges to a billing authority's scheme or advise on the details of any scheme. Any challenge to the scheme can only be by way of judicial review.

https://assets.publishing.service.gov.uk... .

The legislation that empowers each billing authority to make its scheme is in the Local Government Finance Act 1992, as amended by the Local Government Finance Act 2012, section 10 and Schedule 4.

If you have any complaint about the way we have dealt with your request you may apply for an internal review. Please write, within four weeks of receiving this response, quoting the reference number above and giving your reasons, to:

Senior Information Risk Owner
Chief Executive’s Office
Valuation Tribunal Service
2nd Floor
120 Leman Street
London E1 8EU.

He will investigate and respond within 20 working days of receipt of your complaint. If you remain dissatisfied you have a right to refer the matter to the Information Commissioner. We will give you further information with the response.

regards

Diane Russell
Corporate Services Manager
Valuation Tribunal Service

2nd Floor
120 Leman Street
London E1 8EU

020 7426 3906
www.valuationtribunal.gov.uk

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