'Receipt of'

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I applied for the SMI disregard for my partner, he gets Attendance Allowance now. There was a period where he is SMI but he would not claim AA even though he was entitled to do so.

The Council have said he must have received it but I read he just had to be entitled to it to qualify. Can you help me as I think they are wrong ?

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As long as the relevant entitlement can be shown then it counts the same as being in receipt of the qualifying benefit. You do not have to be 'in receipt', the legislation does not require that.

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What legislation decides the criteria ?

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The SMI legislation is covered here - https://lgfa92.co.uk/council-tax-severely-mentally-impaired-smi/

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Thanks