week 3 DBR

Question 1

where is the primary legislation contained which relates to DBRelief

Answer 1

S 80 LGFA 1992

Question 2

what does DB relief allow LA’s to do?

Answer 2

conditito next lowest bif certain and eg D to Cons appreduce the CTAX charge ly

Question 3

How is the Band reduced?

Answer 3

to next lowest band eg D to C

Question 4

What if it is a Band A ?

Answer 4

charged as 5/9th of the Band D for that LA From 2000

Question 5

What is the nemonic for the conditions for DBA

Answer 5

Wur Labrador Dog Doesnt Cuddle

Question 6

what does the W stand for in WLDDC

Answer 6

applications must be in WRITING

Question 7

what does the L stand for in WLDDC

Answer 7

applicant must be liable for dwelling which is sole/main residence of a disabled person who is the eligible person or lives with the eligible person

Question 8

what does the 1st D stand for in WLDDC (4)

paul is into clip ons

Answer 8

must be a DISABLED person resident :
permanent:
illness
injury
congenital deformity
otherwise disabled

Question 9

what does the 2nd D stand for in WLDDFC

Answer 9

DWELLING must feature one of three conditions which meet the conditions of the disabled person

Question 10

what are the 3 conditions that the DWELLING must feature ONE OF in order to qualify for DBR

Answer 10

a room other than a kitchen or a bathroom which is used for therapy or otherwise by the disabled person and is required to meet their disabled needs

an extra kitchen or bathroom required to meet disabled needs

must have sufficient floor space to use a wheelchair inside the dwelling - person must actually require use of wheelchair indoors

Question 11

What does the C stand for in WLDDC

Answer 11

CASELAW - Howell Williams V Wirral

Question 12

what was the caselaw Howell Williams V Wirral

Answer 12

separate room with special heating
held that the room was not ESSENTIAL to meet disabled needs
no distinguishable difference between that room and the other rooms

the need for special heating was not directly related tod the disabled needs

Question 13

what are the Points to Note about DBR (5)

Answer 13

the disabled person may be anyone in the household adult or child
the DBR can be applied in addition to any reduction applied due to disabled adaptations
the property is charged at the next lowest band eg D would be charged at C for that LA
known as ‘ALTERNATIVE VALUATION’
From 2000 Band can be reduced to 5/9ths of Band D

Question 14

how is DBR shown on demand notice (3)

Answer 14

band as per the valuation list
alternative band agreed
the CTAX charge for that alternative band

Question 15

what’s the regs for Demand notices

Answer 15

S2 CTAX A&E Scotland regs 1992

Question 16

is DBR liability appealable and to whom?

Answer 16

yes to VAC

Question 17

which section governs DBR appeals

Answer 17

S81 LGFA 1992

Question 18

what evidence can the LA use (4)

Answer 18

claim form
visits
medical evidence from medical practitioner
annual review

Question 19

what does S80 LGFA92 convey

Answer 19

its the primary legislation which
allows for reduced charge where certain conditions are met

states reductions will be the next lowest band

from Apr 2000 reduction available for band A 5/9th of D

Question 20

what’s the order for DBR

Answer 20

regs  that allow reduction
regs that state conditions 
conditions WLDDFC 
points - DP can be anyone 
              can be with dis adaptations
demand notice 
appeals 
admin

Question 21

whats the Council tax (reductions for disabilities (Scotland) regs 1992 for
whats the SI

Answer 21

gives the conditions that have to be met for DBR

amended by SI 1992/1335

Question 22

how is meet needs defined

Answer 22

anything essential or major importance to wellbeing of the disabled person tying in with their type of disability

Question 23

what is

Roger Rabbit Cant Piss Down an Alley

Answer 23

order for DBR

Question 24

what is nmemonic for DBR

Answer 24

roger rabbit cant piss down an alley