CTAX Disregard for those in Hospital

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    I wonder if anyone can give me some advice on when to apply a CTAX 25% disregard on the grounds of Hospitalisation??

    It seems a very simple and easy question- but i am unsure. We have a pensioner couple and one is in hospital and has been for over a year. As i understand it the disregard is applied when the person’s sole or main residence is considered to be the hospital. But when exactly is this, and what factors should be taken into account when making this decision?

    Our LA used to apply this disregard after 6 weeks in hospital – mirroring the 6 week time period after which downrating used to be done in benefits. But as the downrating rules have altered, we now only give the disregard after confirmation is received from a doctor/hospital that the person will not return home. Is this the correct way to do this as a sort of rule of thumb?

    If this is the correct procedure should the disregard apply from the first date of hospitalisation, or from the date it is confirmed they will not return home?

    If this is correct i feel it is perhaps a bit unfair- as other categories of people eg prisoners, get their disregard straight away just by being prisoners etc??

    I would be most grateful for any guidance, or if anyone could refer me to any written guidance which would help.

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