week 3 DBR Flashcards
where is the primary legislation contained which relates to DBRelief
S 80 LGFA 1992
what does DB relief allow LA’s to do?
conditito next lowest bif certain and eg D to Cons appreduce the CTAX charge ly
How is the Band reduced?
to next lowest band eg D to C
What if it is a Band A ?
charged as 5/9th of the Band D for that LA From 2000
What is the nemonic for the conditions for DBA
Wur Labrador Dog Doesnt Cuddle
what does the W stand for in WLDDC
applications must be in WRITING
what does the L stand for in WLDDC
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
what does the 1st D stand for in WLDDC (4)
paul is into clip ons
must be a DISABLED person resident : permanent: illness injury congenital deformity otherwise disabled
what does the 2nd D stand for in WLDDFC
DWELLING must feature one of three conditions which meet the conditions of the disabled person
what are the 3 conditions that the DWELLING must feature ONE OF in order to qualify for DBR
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
What does the C stand for in WLDDC
CASELAW - Howell Williams V Wirral
what was the caselaw Howell Williams V Wirral
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
what are the Points to Note about DBR (5)
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
how is DBR shown on demand notice (3)
band as per the valuation list
alternative band agreed
the CTAX charge for that alternative band
what’s the regs for Demand notices
S2 CTAX A&E Scotland regs 1992
is DBR liability appealable and to whom?
yes to VAC
which section governs DBR appeals
S81 LGFA 1992
what evidence can the LA use (4)
claim form
visits
medical evidence from medical practitioner
annual review
what does S80 LGFA92 convey
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
what’s the order for DBR
regs that allow reduction
regs that state conditions
conditions WLDDFC
points - DP can be anyone
can be with dis adaptations
demand notice
appeals
adminwhats the Council tax (reductions for disabilities (Scotland) regs 1992 for
whats the SI
gives the conditions that have to be met for DBR
amended by SI 1992/1335
how is meet needs defined
anything essential or major importance to wellbeing of the disabled person tying in with their type of disability
what is
Roger Rabbit Cant Piss Down an Alley
order for DBR
what is nmemonic for DBR
roger rabbit cant piss down an alley
