Patients in Homes

Any person who has their Sole Or Main Residence within a care home, nursing home or similar establishment should be disregarded for Council Tax purposes.

The home must be registered with the County Council and would normally include any of the following:

In all of the above cases the actual residents of the home would be disregarded when assessing the overall level of Council Tax to be charged.

The main area of concern however is the following:

Careful consideration needs to be given as to whether the home is also the main residence of employee or owners of the home. If this is the case then the discount can only be awarded if the numbers of persons resident is less than two.

Once granted it is unlikely that the circumstance of the individual will change and therefore reviews can be set accordingly

Bogdal v Kingston-upon-Hull City Council HC [RA 1998]Bogdal v Kingston-upon-Hull City Council HC [RA 1998]

The High Court agreed with a Valuation Tribunal that a dwelling was not a residential care home and that the residents could not be disregarded for the purposes of Council Tax discount. On this basis, a 50% no resident discount was not applicable for the dwelling in question. Justice Moses dismissed Mr Bogdal’s appeal.

Schedule 1 of the LGFA 1992 provides a list of persons that can be disregarded for Council Tax purposes. Paragraph 7 provides for “patients in homes in England and Wales” to be disregarded.

“Care home” means

(a) a care home within the meaning of the Care Standards Act 2000 or

(b) a building or part of a building in which residential accommodation is provided under section 21 of the National Assistance Act 1948:

“Independent hospital” has the same meaning as in the Care Standards Act 2000.

The legislation referred to in (a) provided that registration was not required in respect of a small home if only persons receiving board and personal care there were persons “carrying on the home”, employed there or their relatives. A small home was defined as an establishment having fewer than four persons receiving board and personal care.

Mr Bogdal contended that the dwelling was a small home that did not have to be registered and that the occupants (himself, his mother and another elderly lady) should be disregarded for discount purposes, thereby qualifying for a 50% no resident discount. Justice Moses agreed with the Tribunal’s findings that the dwelling was not a small home but an ordinary domestic dwelling. Evidence was placed before the Tribunal that neither Mr Bogdal’s mother nor the other elderly lady were receiving personal care. Justice Moses also concluded that there was no evidence to support the notion that the dwelling was an “establishment”.

The appellant subsequently appealed to the Court of Appeal which held that it was not an establishment as there was no element of organisation in the way it was run.

 

Related Topics

  1. _Appeals_against_Liability_etc
  2. Apprentices
  3. Carers
  4. Diplomats
  5. Discount ~ Disregarded Persons
  6. Exemptions ~ Granting & Review
  7. Hospital Patients
  8. International HQ Staff
  9. Patients in Homes
  10. Persons for whom Child Benefit is payable
  11. Persons in Detention
  12. Religious Communities
  13. Residents of Hostels
  14. School and college leavers
  15. Severely Mentally Impaired
  16. civil partner_or_dependant_of_a_Foreign_Student
  17. Students
  18. Traditional Student Nurses
  19. Visiting Forces
  20. Youth Training Trainees