Council Tax Support Problem

I was awarded a war pension in 1987 at a disablement level of 60%. In 2018 I applied for and was awarded council tax support.

Recently my local council have decided that they will only diregard the MOD part of the pension and not the service pension part that comes from Equinity.

Looking on line there was legislation passed in 2009 which instructed councils to disregard all elements of a war pension but my council say this changed in 2013.

Does anybody know the legal answer to this?
 
I don’t have a definitive answer for you.

I receive a council tax reduction of 1 band reduction due to my disability. Different councils appear to have different rules.

I receive AFCS GIP and pension due to med discharge (it doesn’t help the name for such keeps changing). Both are paid by Equinity, annoyingly they don’t separate the pension from the compensation (GIP) and put it all on one line as pension, which causes problems.

Fortunately my council aren’t interested in my income, the disability meets the reduction requirements. I have, however, successfully argued with other agencies that the GIP is compensation and shouldn’t be used when assessing my income.

I don’t know if this helps, but it is my experience.
 
I don’t have a definitive answer for you.

I receive a council tax reduction of 1 band reduction due to my disability. Different councils appear to have different rules.

I receive AFCS GIP and pension due to med discharge (it doesn’t help the name for such keeps changing). Both are paid by Equinity, annoyingly they don’t separate the pension from the compensation (GIP) and put it all on one line as pension, which causes problems.

Fortunately my council aren’t interested in my income, the disability meets the reduction requirements. I have, however, successfully argued with other agencies that the GIP is compensation and shouldn’t be used when assessing my income.

I don’t know if this helps, but it is my experience.
Thank, it does help. I'm trying to argue that my pension was only awarded because of my injury. I served less than 5 years so didn't qualify for any other pension.

I used the same argument successfully with HMRC but my council don't agree.
 
Thank, it does help. I'm trying to argue that my pension was only awarded because of my injury. I served less than 5 years so didn't qualify for any other pension.

I used the same argument successfully with HMRC but my council don't agree.

Read what you have to declare carefully. Some only require taxable income.
 
I was awarded a war pension in 1987 at a disablement level of 60%. In 2018 I applied for and was awarded council tax support.

Recently my local council have decided that they will only diregard the MOD part of the pension and not the service pension part that comes from Equinity.

Looking on line there was legislation passed in 2009 which instructed councils to disregard all elements of a war pension but my council say this changed in 2013.

Does anybody know the legal answer to this?
You say that your Council have told you the legislation (presumably the one linked below) changed in 2013. I cannot find anything that backs up their claim, though it appears councils have different policies. Ask them to confirm which legislation they are referring to and also ask them for a copy of their War Pension Disregard policy.

 

Aphra

Old-Salt
Another source of free help is Citizens Advice but they tend to be over subscribed and not all branches have benefits advisers. I'd direct you to the Benefits & Tax Credits board of MoneySavingExpert.com as there are posters there who know how councils look at war pensions. I'd recommend you give your post a title including Council Tax and tag CIS in the body of your post. CIS is a professional CTax adviser but his/her advice is given freely on that board and for what it's worth, I worked in CTax recovery (prosecutions) for a decade and can confirm that the advice CIS gives is spot on. I can't advise on the CTax reduction side of things but hopefully you can get the help you need to sort it out.

Also, whatever you may think of your local Councillor, enlisting their help might get you somewhere. It's what they are elected for. Finally, if all else fails, an email to your MP could be tried. They generally like getting involved in issues which let them take the high moral ground against local authorities and I well recall the feeling of dread at seeing House of Commons letterhead.
 

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