Council tax — Reduction in respect of room required by disabled person — Regulation 3 of Council Tax (Reduction for Disabilities) Regulations 1992 — Whether regulation 3 requiring causal connection between disability and requirement for room — Appeal allowed
The respondent applied to the appellant council for a reduction in council tax on the ground that one room in his house was occupied by his disabled mother. Regulation 3(1) of the Council Tax (Reductions for Disabilities) Regulations 1992 provided for a reduction in respect of a dwelling that was the sole or main residence of a disabled individual and in which there was provided a room predominantly used by, and required for meeting the needs of, that person. Regulation 3(2) defined “required” as being essential for, or of major importance to, the disabled person “by reason of the nature and extent of his disability”.
The council refused to grant a reduction. The respondent appealed to a valuation tribunal, which allowed the appeal and granted a reduction. The council appealed, contending that the tribunal had failed to consider that regulation 3 required a causal link between the disability and the requirement for the room. It argued that the respondent’s mother required the room only to the extent that any able-bodied person needed a room to occupy, which meant that her need did not arise specifically from her disability.
Held: The appeal was allowed.
The 1992 Regulations required a causal link to be established between the disability and the requirement for the use of the room. Since the tribunal had failed to consider that point in the present case, its decision would be quashed: Williams v Wirral Borough Council (1981) 79 LGR 697 and Luton Borough Council v Ball Independent 14 May 2001 applied.
Timothy Jones (instructed by the solicitor to Sandwell Metropolitan Borough Council) appeared for the appellants; the respondent did not appear and was not represented.
Sally Dobson, barrister
