Council Tax Mentally Impaired: EU citizen with Autism?

[neveryoumind]

Hello,

I am asking a question for a family member that is a EU citizen and wants to move to Scotland.
He has autism. And has a certificate from a government agency that he is rejected to work in his own country for %80 because of his Autism (and he has the right to receive benefits because of this). Is he able to get a discount for Council Tax? And how does he go about doing this? (Can he send a certified translation of the document?) He is living on his own right now, and he wants the same in Scotland. I've been trying to get some information about it. The only information I have gotten is that a UK doctor needs to check him out and tell that he is Mentally Impaired. He has been going to shrinks almost his entire life until he got the diagnose. Does he need to go through the entire traject again? (testing, shrinks, doctors etc). Any help would be greatly appreciated.

[Wanderer]

Too little information.

[357mag]

Read the guidance for EEA3 form https://www.gov.uk/government/uploads/s ... _06-14.pdf

An EU citizen can claim permanent residence as an incapacitated person.

[Obie]

Well EEA 3 will not work , not even EEA 1 .
Is he receiving benefits from his home country and g
has a CSI in the UK.

Not sure an autistic person is me talky impaired.

[357mag]

Not so sure it wont work Obie.

12. YOUR RIGHT TO RESIDE IN THE UK
EEA nationals have a right to reside in the UK for longer than 3 months if they are exercising a
Treaty right in one of the following ways:
• Worker
• Self-employed
• Student
• Economically self-sufficient (including retired people)
• Jobseeker
• Incapacitated

Many states have a reciprical agreement regarding benefits to disabled or permanently incapacitated, although there is a need to prove permanently incapacitated which is not as simple as it sounds. I know there is the bit about having to previously worked in the host state for x ammount of time before becoming incapacitated, but not sure this is true if coming into the country as for instance a disabled person.
Maybe its a barrier to going into a host state but consider this, you go to a host state then become disabled can you return to your home state with non EEA family members?
If we consider it as freedom of movement then a barrier to a disabled persons free movement must be discrimination.

I'm consdering this because of my own case, been incapacitated since 1992 three years till I get my pension. I marry my Filipino in 4 weeks time then the plan it to go to Bulgaria for a while, bearing in mind I cant be a worker there. Can survive as self-sufficient for a good few months, maybe stay there but likely I will try to return to UK with my family. Only thing we can try to rely on is C456/12 three months plus in host state and strengthen relationship.

[Obie]

Incapacity has the meaning in regulation 5. It cover an EU national who was working in the memberstate and cease to work due to incapacity.

In the case of EU nation who had never resided in the memberstate, they need to demonstrate self sufficiency.

[357mag]

Sorry Obie regulation 5 in what please.

I'm on contributions based ESA in the support group, its transferable to another EEA state so I think its supposed to qualify as self-sufficent.

[Obie]

SEE regulation 5

[357mag]

Yes yes thats for a worker. But a person with a long term incapacity or disability before they enter a host state, are they not allowed free movement? Seems very discriminatory to me, maybe something that needs a stiff letter to the EU.

The EEA3 form does not say the person needed to be working, it just says its usable by someone incapacitated. When going through the EEA2 form it clearly says if incapacitated it is probably the wrong form to use and EEA4 might be the right one. Ok that for non EEA family member but EEA3 can be used by an EEA citizen or their family member.

You quote UK regulation but they dont always seem to mirror EU rules.

[neveryoumind]

We all know that a EU person can live in all of Europe. My question was about Council Tax only. He is getting a disability unemployment from his government. And he has been getting this ever sinds he turned 18. The reason he has right on this fund is because of the form that states he is unfit to work because of him Autism. I know he can live there. We just have a question about Council Tax.

[357mag]

Council tax would be burden on state so no he could not claim. But what I'm discussing with Obie is whether EEA3 could be used and get permanent residence straight away in which case I dont think being burden on state would still be a problem.

I could be very wrong on this so it should be dicussed and considered. Sorry it seems to move away from your original question but I think it might be relevant

[neveryoumind]

Oh okay. I just wanted to make sure that we were still talking about the same thing.
Anyway, I looked up the form you should fill in if you want an exception:

http://www.edinburgh.gov.uk/info/20111/ ... red_person

It's just confusing if we can do it or not. (make an official translation of the document, stamped by the city's town hall in my country) and try to contact a doctor who will stand behind this. Is it best to contact the Edinburgh council? Will they be able to answer my question perhaps?

[357mag]

What you have to clarify is under what rules he is in the UK.

Ok you know he can go there as an EU citizen but under treaty rights he would only be allowed to stay for up to 90 days. After that he would have to be working, self-employed, a student or self-sufficient. As a student or self-sufficient he would need comprehensive sickness insurance. And he would not be able to be a burden on the state so no he could not get housing benefit or council tax.

He would possibly qualify as self-sufficent on the basis that he gets an income for disability from his home state which should be possible to transfer, he would though still need sickness insurance.

The Edinburgh text you link to is for UK residents and not immigrants so just confuses the situation.