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Carer Council Tax Discount — Disregard Rights

By GetRighted Legal Research TeamLast updated July 2026

Summary

Resident carers are disregarded for council tax under the Council Tax (Discount Disregards) Order 1992 (SI 1992/548), Article 3. A carer is disregarded for council tax purposes if they provide care for at least 35 hours per week to a person who is entitled to certain disability benefits and who is not their spouse, civil partner, or (if the carer is under 18) parent. The care recipient must be receiving DLA (middle or higher care rate), PIP (daily living component), attendance allowance, or equivalent. Disregarded carers do not count toward the resident adult total — potentially triggering the single-person discount for the person they care for.

Where the Law Stands

Council Tax (Discount Disregards) Order 1992 (SI 1992/548), Article 3: a person is disregarded if they are 'a person who is providing care or support (or both) to another person' where: (a) the carer is resident in the dwelling; (b) care is provided for at least 35 hours per week; (c) the carer is not the spouse, civil partner, or parent (if under 18) of the care recipient; (d) the care recipient is in receipt of DLA (middle or higher care component), PIP (daily living component), attendance allowance, or equivalent. The disregard applies from the date all conditions are met.

Situations Where the Disregard Applies

This defense applies when: (a) a live-in carer has been included in the resident count, resulting in loss of the cared-for person's single-person discount; (b) the billing authority has refused to accept that a carer qualifies for the disregard; or (c) the carer is being jointly pursued for council tax when they should be disregarded. The most common scenario is an adult child who moves in to care for an elderly parent — if the parent receives the qualifying benefit and the child provides 35+ hours per week, the child is disregarded.

Evidence for the Carer Disregard

To claim or reinstate the carer disregard:

  • Evidence that the care recipient receives DLA (middle/higher care), PIP (daily living), attendance allowance, or equivalent — DWP award letter
  • Evidence of at least 35 hours of care per week — care log, GP letter, social care assessment, or letter from the care recipient
  • Confirmation of the carer's residence at the address — tenancy agreement, utility bills, or electoral roll entry
  • Confirmation that the carer is not the spouse, civil partner, or parent (if under 18) of the recipient

Why So Few Carers Claim

The carer disregard is significantly under-claimed. Carers UK and local government ombudsman reports have both identified this as a common failure of billing authorities to proactively inform eligible residents. If you are a live-in carer and have not been asked about your status, apply proactively.

Sources

  1. Council Tax (Discount Disregards) Order 1992, SI 1992/548, Article 3
  2. Local Government Finance Act 1992, ss.11–16

Frequently Asked Questions

Does it matter if I am paid for caring?
No. The disregard applies to both paid and unpaid carers. Payment by the care recipient or through direct payments does not disqualify the carer from the disregard, provided the other conditions are met.
Can a live-in carer be disregarded at the care recipient's home?
Yes — this is the most common scenario. The carer is resident at the care recipient's address and provides 35+ hours per week. If the care recipient is also disregarded (e.g., for SMI), the property may qualify for a 50% discount or full exemption.
My parent has dementia and I care for them but am also their child — does the disregard apply?
Yes, provided you are not under 18. The Article 3 exclusion applies to carers who are parents of a child they care for, not children caring for parents. An adult child caring for a parent with dementia qualifies if the other conditions are met.
Does the 35-hour threshold apply per week on average?
Yes. Local government practice treats this as a weekly average. Fluctuating care hours that average 35 per week over a period should still qualify. Document care hours systematically if you anticipate a challenge.

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