Housing, Council Tax & Autism

Yesterday I attended another excellent “Post-Diagnostic Support Group” meeting in Crewe. One of the main topics regarded “Housing” and the differing needs which those of us on the spectrum required. One gentleman took the floor and shared his own difficult experiences with, what I believe is currently called “Community Care”.

Others shared some of their experiences, and a discussion ensued on where solutions may be sought to a variety of Housing problems. The National Autistic Society can be a valuable resource for information, and Axia’s “Self Proclaimed Nerd Consultant” Calvin quickly started searching their site. Dr. Buchan asked if I could put a link up on Axia’s website for people to be able to easily reference this material. Looking now, I see the NAS “Support Options” page goes into great detail on “Community Care” and the “Sources of Support”. Click here to read it.

That page is actually a sub-section of their “Benefits and community care” information page which can be found here.


During the discussion I perhaps took a slight tangent onto “Council Tax”, although still very much linked to the topic of housing, sharing my own experience. Briefly, it appeared someone changed some legislation at some point, and suddenly my local Council were claiming I must give them some of the money I receive as a “benefit” from the DWP. For 6 months I was in dispute with the Council, continually exchanging correspondence. This in itself MAY be important because I was not taken to Court in that time (despite a few perceived threats of such action), whilst I have heard of people finding themselves in Court after only 3 months of non-payment.

people-disregardedIt transpired that early in the exchange of paperwork, the Council had offered me a “solution” which I had not recognised, for reasons I think which will become clear. The document was entitled “Severely Mentally Impaired Disregard Claim Form” which superficially did not appear to apply to my Self. I’m not one of the “sharpest tools in the box” for sure, but “severely mentally impaired” appeared a little harsh an epithet. My curious nature and difficult circumstances led me to look at their Form again, carefully inspecting the wording… It turns out I AM, BY THEIR “LEGAL” DEFINITION!

When I first talked to my Psychiatrist about this following my diagnosis of ADHD, he appeared somewhat shocked saying something akin to “Oh no, Doctors don’t use that type of language”. He looked at the Council papers I’d handed him and the “Legal Definition” which I’d highlighted:

“Paragraph 2 (2) of Schedule 1 of the Local Government Finance Act 1992 defines “Severely Mentally Impaired”. It states that “a person is severely mentally impaired if he/she has a severe impairment of intelligence and social functioning (however caused) which appears to be permanent”.

My psychiatrist went to his computer for a few minutes, turned back to my papers again, understood and agreed with me, and asked me what I needed him to do. I explained that it appeared to me to function as follows:

  • The Council need a G.P. to sign and “rubber stamp” the Council Paperwork.
  • However a G.P. is unlikely to be able to “Diagnose” and therefore must “Refer”.
  • The Psychologist or Psychiatrist whom the Patient is referred to can then “Authorise” the G.P. to sign and stamp the Councils form.
  • The one other criteria was that I had to be receiving a “Benefit” from their list, which I was.

So my Psychiatrist sent both myself and my GP a letter stating he believed under the Council’s definition I qualified for the Council Tax exemption, I visited my GP who filled the form in for me so all I had to do was sign it, and then I posted it Recorded Delivery to the Council (having also taken the precaution of photocopying all the documents!). My own experience meant I would have done this anyway, but I found it quite interesting that my GP actually advised me to do so too, commenting on the amount of post which appears to go missing when dealing with the Council. It did not take long before I received a new Bill from the Council stating I was “Not Liable” for Council Tax, and the harassment I perceived I was experiencing from them ceased.

Having shared this story, I was approached in the break by a lady who lived with her recently diagnosed son. He’d ceased being a student so the Council were demanding his mother cease claiming the 25% discount and pay the full sum (if I recall correctly). The reason she’d approached me it seems is that it had entered her mind the possibility that “If he is not liable, perhaps my son is not liable, therefore it might be I can claim a discount”. Our chat was actually quite long, so I’ve just tried to distill her “querying thought” into what I interpreted she meant. As Council Tax is no longer a part of my life I’d not thought about it in a while, however the lady’s question was curious to me…

So to do my “due diligence” I visited our “Government” website to find out what THEY said, and I was a little surprised to discover their page https://www.gov.uk/council-tax/discounts-for-disabled-people which looks like this…

discounts-for-disabled-people

This implied to me the woman may well be right with her thought, and upon clicking the link “Who has to pay” https://www.gov.uk/council-tax/who-has-to-pay I again found myself surprised to see the below question “Who doesn’t count as an adult?”

This does raise some philosophical issues for me, perhaps I must be a very old child, granted license to “play”, I really don’t know. What I do know, is that there are many people on the Autistic Spectrum who are not aware that by “accepting a non-medical label” they may lessen their financial hardship if Council Tax plays a role. Dr. Buchan was already aware of this situation when I was reciting my story to her during my diagnosis process, and appeared eager for me to share it again on Axia’s website.

I hope the information and links above may be of some help to people.

Dream – Guest Contributor

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10 comments on “Housing, Council Tax & Autism
  1. Alexon says:

    I have just had a very similar experience, and am now defined as severely mentally impaired for council tax purposes.

    I would add the following to the post:-

    It appears in what I’ve read that you don’t have to be in receipt of the benefit, you just have to be entitled to it.

    Also the list of qualifying benefits is quite long and some councils have a very short list on their application form. If you feel you may be severely mentally impaired but not in receipt of a particular benefit, try a Google search for severe mental impairment council tax.
    You get to see the legislation and also the long list of qualifying benefits which some councils publish on their claim form.

    My council form said that it had to be signed by a registered medical practitioner, ( it did not say GP ) so I asked my psychiatrist and she signed it and put her hospital rubber stamp on it.

    I think it is very worthwhile claiming and not very well publicised.

    If your psychiatrist is sceptical , then google severe mental impairment Ireland Royal college of psychiatrists, as the Irish seem to have made good policy statements for definitions of intelligence.
    They are part of the British Royal college of psychiatrists, which is helpful.

    Good luck

  2. Linda Buchan says:

    Thank you for this helpful comment

  3. Nichola Ross says:

    my son is autistic and full time at university, and is currently paying a percentage of council tax. he will be 25 this year. should he be exempt from paying at all? i tried to find out on the site but couldn’t find anything to reflect this situation. i didn’t see anything for autism.
    many thanks,

    • Dream says:

      Dear Nichola, if your son has a medical diagnosis of autism, he can get the paperwork described in this article from his council and become exempt from Council Tax. Please don’t be put off by the words “severe mental impairment”, I think they may have chosen them to prevent people from claiming!

      • Nichola Ross says:

        ok, thank you very much for your advice. Because my son has autism, i would have ignored the words “severe mental impairment”. if anything they’re a really horrible way of naming any person.
        i’ll get on and phone them tomorrow, i find the info on the website too cluttered and confusing.
        many many thanks again!

        • Dream says:

          The gentleman who left the comment above these raised a good point about only having to be “eligible” for a benefit as opposed to actually “receiving” a benefit.

          I’ve also just been re-reading the article, and in the image where it says “people disregarded” it includes “students in full time education”, so it may be your son would qualify for that reason alone.

          I also know of a gentleman who was told by the council when phoning them that “you sound all right to me” (something I would have reacted VERY badly to, unless the council had started employing doctors to answer the phone!). However he found the form on his council website, filled it out and had it signed by his psychologist and stamped by his GP, sent it to the Council and became exempt.

    • Saleem says:

      My husband has autism with great difficulties I’ve helped him to keep his current job as a delivery driver, however totally disappointed with gp saying on form is not SMI as has a job.

  4. Dawn says:

    Hi I’m autistic and was told about the council tax exemption. I asked my doc who said get the forms from the council. The next day the docs very helpfully rang and told me I am eligible for a blue badge and a free bus pass. I rang the council for the form. The woman said ” the fact that you are talking to me on the phone means you don’t have severe mental impairment.” Because I rang on a good day. On a bad day I can’t use the phone. Where does this leave me?

    • Dream says:

      I am very sorry to hear about your treatment by the Council Dawn, I know someone who had a similar experience last year after phoning the Council to find out what to do with the form he’d had filled in by the doctors. He was told it was the wrong form because “it doesn’t sound like there’s anything wrong with you”.

      The first thing I would suggest is to put everything in writing, do NOT rely on what Council employees say on the phone (or anyone for that matter).

      Secondly, UNLESS the Council have started employing Doctors to answer the phone, how can they diagnose or know if you suffer “severe mental impairment”???

      I wrote on behalf of the gentleman who had been told the same thing, suggesting the Council were either incompetant, negligent or deliberately criminal. He received the full amount of Council Tax back from the date of the form being filled in.

      I don’t know what Council is your local authority, however here is a link to the Cheshire East version https://www.cheshireeast.gov.uk/PDF/SMI_Disregard_Form_v7.pdf

  5. Linda says:

    Thanks Dream I

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18th December 2019
at 12:30 pm
The Next Axia ASDis 15th January 2020
12:00 pm to 2:00 pm

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