Carer Disregard — The 35-Hour Rule for Council Tax
Summary
The carer disregard is a specific provision in the Council Tax (Discount Disregards) Order 1992 (SI 1992/548), Article 3, that removes a qualifying carer from the resident count for council tax purposes. To qualify, the carer must: live in the same property as the person they care for, provide at least 35 hours of care per week, not be the care recipient's spouse or civil partner, and the care recipient must be receiving a qualifying disability benefit. When the disregard applies, the cared-for person is treated as living alone — triggering the 25% single person discount.
The 35-Hour Threshold
The care must amount to at least 35 hours per week on average. This aligns with the threshold for Carer's Allowance, but the council tax disregard is entirely separate — you do not need to be claiming Carer's Allowance. The hours can include personal care, supervision, domestic tasks necessary for the person's wellbeing, and accompaniment to medical appointments. Keep a care diary if the council challenges the hours.
Who Is Excluded
Spouses and civil partners cannot claim the carer disregard, even if they provide 35+ hours of care. Parents caring for their own child under 18 are also excluded. These exclusions are written into Article 3 of SI 1992/548. However, an adult child caring for a parent, a sibling caring for a sibling, or a friend caring for a friend all qualify.
Sources
- Council Tax (Discount Disregards) Order 1992, SI 1992/548, Article 3
Frequently Asked Questions
- Does the 35-hour rule apply per day or per week?
- Per week, on average. Some weeks may be more, some less. The billing authority assesses this as a weekly average over a reasonable period. If you consistently provide 35+ hours most weeks, you meet the threshold.
- I care for two people in the same household — do I need 35 hours for each?
- No. The 35-hour threshold is total care hours, not per recipient. If you provide 20 hours for one person and 15 for another in the same household, you meet the 35-hour requirement.
- Can a paid professional carer get the disregard?
- Yes, if they live in the property and meet all other conditions. The disregard applies to both paid and unpaid carers. Payment does not disqualify a resident carer from the council tax disregard.
Related
- carer-council-tax-discount
- carer-not-getting-discount
- Qualifying Benefits for Council Tax Relief
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