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Who is treated as disabled?

Who is treated as disabled?

The criteria to qualify as disabled in this proposed CTS scheme will be:

  • Qualify for a disability, enhanced disability or severe disability premium for the claimant or partner, or
  • Qualify for disability or enhanced disability premium for a dependent, or
  • Qualify for a disability earnings disregard, or
  • Receive a disability related council tax reduction, or
  • In receipt of Employment and Support Allowance.

The Disability Premium

If you are working age, you may be able to get this premium if any of the following applies:

  • you receive Disability Living Allowance
  • you receive Incapacity Benefit - long term rate
  • you receive Severe Disablement Allowance
  • you are provided with an invalid vehicle
  • you receive payments through the invalid vehicle scheme, or war pensioners vehicle scheme
  • the mobility component of your Disability Living Allowance is being paid directly to Motability Operations
  • you are registered blind
  • your partner is receiving any of the above
  • your partner is receiving Attendance Allowance

You may also get the disability premium if you’re incapable of employment (or receiving Statutory Sick Pay) for at least 364 days. Or 196 days if you’re terminally ill. Periods of incapacity separated by 56 days or less can be linked together when calculating the qualifying period.

The Severe Disability Premium

Single rate

If you’re single, you may get the lower rate premium if you:

  • live alone
  • no one gets Carer’s Allowance for looking after you
  • you get the middle or highest care component of Disability Living Allowance

Couples (higher rate)

If you have a partner, you may get the higher rate premium. You may get this if no one else lives with you, no one gets Carer’s Allowance for looking after you and either:

  • you both get the middle or highest rate of the care component of Disability Living Allowance
  • you get the middle or highest rate of the care component of Disability Living Allowance and your partner gets Attendance Allowance

Couples (lower rate)

If you have a partner, you may get the lower rate premium if no one else lives with you and either:

  • you both get the middle or highest rate of the care component of Disability Living Allowance, and Carer’s Allowance is paid for only one of you; or
  • you get the middle or highest rate of the care component of Disability Living Allowance and your partner gets Attendance Allowance, and Carer’s Allowance is paid for only one of you; or
  • you get the middle or highest rate of Disability Living Allowance care component and your partner is registered blind, and no one gets Carer’s Allowance for looking after you

The Severe Disability Premium can be awarded in addition to other premiums.

The Enhanced Disability Premium

Single rate

If you are single and working age, you may be able to get this premium if either:

  • you get the highest rate care component of Disability Living Allowance; or
  • you have a dependent child or children who get(s) the highest rate care component of Disability Living Allowance

Couple rate

If you have a partner, you may get the couple rate premium. You may get this if either of you get the highest rate care component of Disability Living Allowance.

The Enhanced Disability Premium can be awarded in addition to other premiums.

The Disabled Earnings Disregard

This applies where claimant or partner are of working age and the disability premium, severe disability premium or work-related activity or support component is in the applicable amount.

The Disability-related Council Tax Band Reduction

Disabled people are helped with their Council Tax through the disabled band reduction scheme. This makes sure disabled people don’t pay more Council Tax because they needed a larger property due to their disability.

Having a disability does not automatically entitle you to a reduction.

In summary, the requirements for a reduction are the property must be the main residence of at least one disabled person. It must also have at least one of:

  • an additional bathroom or kitchen required to meet the needs of the disabled person
  • a room (other than a bathroom, kitchen or toilet) required to meet the needs of the disabled person, and used predominantly by them
  • extra space inside the property to allow for the use of a wheelchair - wheelchairs for outdoor use only are excluded

The room or the wheelchair must also be of major importance to the disabled person’s well-being, due to the extent of their disability.

‘Disabled person’ in this context means a person who is substantially and permanently disabled. The disabled person can be either an adult or a child and does not have to be responsible for paying the Council Tax bill.

An extra room does not need to have been specially built. But your home will not qualify for a reduction unless the ‘essential or of major importance’ test above is met. For example, simply rearranging rooms is unlikely to make your home eligible for a reduction.

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