Disabled Relief

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  • #20579
    pauldean
    Participant

    We have a case where a disabled person has applied for DPR- the only qualifying feature in his house is room that is set aside with equipment to allow him to work from home. All of the equipment is provided by his employer and the room is solely used for the mans job- i.e. it is locked at the end of the day and no one else may use it.
    The room itself contains sufficient equipment to count as a room set aside for the disabled person.
    If we get the valuation office to put the room into business rates list (which I think they will) could we still grant DPR on the ‘property’?

    #3214
    gerryg
    Participant

    To get DPR there must be a room in the dwelling which is required to meet the needs of a disabled resident.

    Under S3 of the LGFA92 a dwelling is something that would have been a hereditament under the GRA67 [b:562639d4e7]and[/b:562639d4e7] which is not being shown or required to be shown in either the local or central rating list or is not exempt from rating.

    To my mind, if the room is classed as business and shown in the local rating list it cannot be part of the dwelling. If it is not part of the dwelling he doesn’t qualify for DPR.

    However, if it is classed as business, it may reduce his council tax liability if it drops to a lower band anyway. On top of that it might possibly be exempt from rating as property used for the disabled. You would need to check that with your business rates people and the VO for the definition (Sch 5 LGFA88)

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