Local government law for council tax relief. Disabled and disability rights to lower tax banding.

Update D - Chapter 5
Part 1.
REDUCTIONS FOR THE DISABLED.

5.1 Definitions.

5.1.1
Council tax reductions in respect of dwellings where disabled people live were introduced by the Council Tax (reductions for disabilities) regulations 1992, under powers contained in s. 13(6) of the LFGA 1992.

5.1.2
The regulations require that any application for this relief must be submitted by an "eligible person", or by someone on their behalf, in respect of certain prescribed facilities within the dwelling which are required for meeting the needs of a qualifying individual.

5.1.3
An "eligible person" is defined as being a person who is-

(a) a liable person as regards a dwelling which is the sole or main residence of at least one qualifying individual and in which the is provided-

( i ) a room which is not a bathroom, a kitchen or a lavatory and which is predominantly used (weather for providing therapy or otherwise) by and is required for meeting the needs of any qualifying individual resident in the dwelling; or

( ii ) a bathroom or kitchen which is not the only bathroom or kitchen within the dwelling and which is required for meeting the needs of any qualifying individual resident in the dwelling; or

( iii ) sufficient floor space to permit the use of a wheelchair required for meeting the needs of any qualifying individual resident in the dwelling; and ( b ) as regards the financial year in question an application is made in writing by him or on his behalf to the billing authority.

5.1.4
A person is not an eligible person if the dwelling in respect of which he is a liable person is shown as being in valuation band A in the billing authorities valuation list (or, historically, if no such list was in force, in the copy of the proposed list or in information later supplied by the listing officer which differed from information contained in the proposed list).

5.1.5

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In relation to ( a )( iii ) in 5.1.3 above a wheelchair is not to be considered as being required for meeting an individuals needs if that person does not need to use it indoors.

5.1.6
For the purposes of these regulations, "a qualifying individual" is defined as "a person who is substantially and permanently disabled (whether by illness, injury, congenital deformity or otherwise)".

5.1.7
The regulations further explain the meaning of the expression "anything being required for meeting the needs of a qualifying individual" as referring to anything which is essential or of major importance to the qualifying individual's well-being by reason of the nature and extent of that person's disability.

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