The Council Tax Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 2006

Residents of a dwelling to whom section 131(6) of the Act does not apply

47

Subsection (6) of section 131 of the Act (residents of a dwelling in respect of whom entitlement to an alternative maximum council tax benefit may arise) shall not apply in respect of any person referred to in the following paragraphs namely—

• (a) a person who is liable for council tax solely in consequence of the provisions of sections 9, 77 or 77A of the 1992 Act (spouse's or civil partner's joint and several liability for tax);

• (b) a person who is residing with a couple or with the members of a polygamous marriage where the claimant for council tax benefit is a member of that couple or of that marriage and—

• (i) in the case of a couple, neither member of that couple is a person who, in accordance with Schedule 1 to the 1992 Act , falls to be disregarded for the purposes of discount; or

• (ii) in the case of a polygamous marriage, two or more members of that marriage are not persons who, in accordance with Schedule 1 to the 1992 Act, fall to be disregarded for the purposes of discount;

• (c) a person who jointly with the claimant for benefit falls within the same paragraph of sections 6(2)(a) to (e) or 75(2)(a) to (e) of the 1992 Act (persons liable to pay council tax) as applies in the case of the claimant;

• (d) a person who is residing with two or more persons both or all of whom fall within the same paragraph of sections 6(2)(a) to (e) or 75(2)(a) to (e) of the 1992 Act and two or more of those persons are not persons who, in accordance with Schedule 1 to the 1992 Act, fall to be disregarded for the purposes of discount.

PART 6 — Period of entitlement, changes of circumstances and increases for exceptional circumstances

Date on which entitlement is to begin

48

• (1) Subject to paragraph (2), any person by whom or in respect of whom a claim for council tax benefit is made and is otherwise entitled to that benefit shall be entitled from the benefit week following the first day in respect of which that claim is made.

• (2) A claimant who is otherwise entitled to council tax benefit and becomes liable, for the first time, for a relevant authority's council tax in respect the dwelling of which he is a resident in the benefit week in which the first day in respect of which his claim was made falls, shall be so entitled from that benefit week.

Date on which council tax benefit is to end where entitlement to severe disablement allowance or incapacity benefit ceases

49

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Date on which change of circumstances is to take effect

50

• (1) Except in cases where regulation 24 (disregard of changes in tax, contributions, etc) applies, and subject to regulation 8(3) of the Decisions and Appeals Regulations, and the following provisions of this regulation and regulation 51, a change of circumstances which affects entitlement to, or the amount of, council tax benefit (“change of circumstances”), shall take effect from the first day of the benefit week following the date on which the change actually occurs, and where that change is cessation of entitlement to any benefit under the benefit Acts, the date on which the change actually occurs shall be the day immediately following the last day of entitlement to that benefit.

• (2) Subject to paragraph (3), where the change of circumstances is a change in the amount of council tax payable, it shall take effect from the day on which it actually occurs.

• (3) Where the change of circumstances is a change in the amount a person is liable to pay in respect of council tax in consequence of regulations under section 13 or 80 of the 1992 Act (reduced amounts of council tax) or changes in the discount to which a dwelling may be subject under sections 11, 12 or 79 of that Act , it shall take effect from the day on which the change in amount has effect.

• (4) Where the change of circumstances is an amendment to these Regulations, it shall take effect from the date on which the amendment to these Regulations comes into force.

• (5) Where the change of circumstances is the claimant's acquisition of a partner, the change shall have effect on the day on which the acquisition takes place.

• (6) Where the change of circumstances is the death of a claimant's partner or their separation, it shall have effect on the day the death or separation occurs.

• (7) If two or more changes of circumstances occurring in the same benefit week would, but for this paragraph, take effect in different benefit weeks in accordance with paragraphs (1) to (6) they shall take effect from the day to which the appropriate paragraph from (2) to (6) above refers, or, where more than one day is concerned, from the earlier day.

• (8) Where the change of circumstances is that income, or an increase in the amount of income, other than a benefit or an increase in the amount of a benefit under the Act, is paid in respect of a past period and there was no entitlement to income of that amount during that period, the change of circumstances shall take effect from the first day on which such income, had it been paid in that period at intervals appropriate to that income, would have fallen to be taken into account for the purposes of these Regulations.

• (9) Without prejudice to paragraph (8), where the change of circumstances is the payment of income, or arrears of income, in respect of a past period, the change of circumstances shall take effect from the first day on which such income, had it been timeously paid in that period at intervals appropriate to that income, would have fallen to be taken into account for the purposes of these Regulations.

• (10) Paragraph (11) applies if—

• (a) the claimant or his partner has attained the age of 65; and

• (b) either—

• (i) a non-dependant took up residence in the claimant's dwelling; or

• (ii) there has been a change of circumstances in respect of a non-dependant so that the amount of the deduction which falls to be made under regulation 42 increased.

• (11) Where this paragraph applies, the change of circumstances referred to in paragraph (10)(b) shall take effect from the effective date.

• (12) In paragraph (11) but subject to paragraph (13), “the effective date” means—

• (a) where more than one change of a kind referred to in paragraph (10)(b) relating to the same non-dependant has occurred since—

• (i) the date on which the claimant's entitlement to council tax benefit first began; or

• (ii) the date which was the last effective date in respect of such a change,

whichever is the later, the date which falls 26 weeks after the date on which the first such change occurred;

• (b) where sub-paragraph (a) does not apply, the date which falls 26 weeks after the date on which the change referred to in paragraph (10)(b) occurred.

• (13) If in any particular case the date determined under paragraph (12) is not the first day of a benefit week, the effective date in that case shall be the first day of the next benefit week to commence after the date determined under that paragraph.

Change of circumstances where state pension credit in payment

51

• (1) Paragraphs (2) to (4) apply where—

• (a) the claimant is also on state pension credit;

• (b) the amount of state pension credit awarded to him is changed in consequence of a change in the claimant's circumstances or the correction of an official error; and

• (c) the change in the amount of state pension credit payable to the claimant results in a change in the rate at which council tax benefit is allowed to him.

• (2) Where the change of circumstance is that an increase in the amount of state pension credit payable to the claimant results in—

• (a) an increase in the rate at which council tax benefit is allowed to him, the change shall take effect from the first day of the benefit week in which state pension credit becomes payable at the increased rate; or

• (b) a decrease in the rate at which council tax benefit is payable to him, the change shall take effect from the first day of the benefit week next following the date on which—

• (i) the local authority receives notification from the Secretary of State of the increase in the amount of state pension credit; or

• (ii) state pension credit is increased,

whichever is the later.

• (3) Where the change of circumstance is that the claimant's state pension credit has been reduced and in consequence the rate of council tax benefit allowed to the claimant reduces—

• (a) in a case where the claimant's state pension credit is reduced because the claimant failed to notify the Secretary of State timeously of the change of circumstances, the change shall take effect from the first day of the benefit week from which state pension credit was reduced; or

• (b) in any other case the change shall take effect from the first day of the benefit week next following the date on which—

• (i) the local authority receives notification from the Secretary of State of the reduction in the amount of state pension credit; or

• (ii) state pension credit is reduced,

whichever is the later.

• (4) Where the change of circumstance is that state pension credit is reduced and in consequence of the change, the rate of council tax benefit allowed to the claimant is increased, the change shall take effect from the first day of the benefit week in which state pension credit becomes payable at the reduced rate.

• (5) Where a change of circumstance occurs in that an award of state pension credit has been made to the claimant or his partner and this would result in a decrease in the rate of council tax benefit payable to the claimant, the change shall take effect from the first day of the benefit week next following the date on which—

• (a) the local authority receives notification from the Secretary of State of the award of state pension credit; or

• (b) entitlement to state pension credit begins,

whichever is the later.

• (6) Where, in the case of a claimant who, or whose partner, is or has been awarded state pension credit comprising only the savings credit, there is—

• (a) a change of circumstances of a kind described in any of paragraphs (2) to (5) which results from a relevant calculation or estimate; and

• (b) a change of circumstances which is a relevant determination,

each of which results in a change in the rate of council tax benefit payable to the claimant, the change of circumstances referred to in sub-paragraph (b) shall take effect from the day specified in paragraphs (2), (3), (4) or (5) as the case may be, in relation to the change referred to in sub-paragraph (a).

• (7) Where a change of circumstance occurs in that a guarantee credit has been awarded to the claimant or his partner and this would result in an increase in the rate of council tax benefit payable to the claimant, the change shall take effect from the first day of the benefit week next following the date in respect of which the guarantee credit is first payable.

• (8) Where a change of circumstances would, but for this paragraph, take effect under the preceding provisions of this regulation within the 4 week period specified in regulation 45 (continuing payments where state pension credit claimed), that change shall take effect on the first day of the first benefit week to commence after the expiry of the 4 week period.

• (9) Where the change of circumstances is an amendment of these Regulations that change shall take effect from the date on which the amendment to these Regulations, comes into force.

• (10) In paragraph (1) “official error” has the meaning it has in the Decisions and Appeals Regulations by virtue of regulation 1(2) of those Regulations .

• (11) In this regulation—

• “relevant calculation or estimate” means the calculation or estimate made by the Secretary of State of the claimant's or, as the case may be, the claimant's partner's income and capital for the purposes of the award of state pension credit;

• “relevant determination” means a change in the determination by the relevant authority of the claimant's income and capital using the relevant calculation or estimate, in accordance with regulation 17(1).

PART 7 — Claims

Who may claim

52

• (1) In the case of a couple or members of a polygamous marriage a claim shall be made by whichever one of them they agree should so claim or, in default of agreement, by such one of them as the relevant authority shall determine.

• (2) Where a person who is liable to pay council tax in respect of a dwelling is unable for the time being to act, and—

• (a) a deputy has been appointed by the Court of Protection with power to claim, or as the case may be, receive benefit on his behalf; or

• (b) in Scotland, his estate is being administered by a judicial factor or any guardian acting or appointed under the Adults with Incapacity (Scotland) Act 2000 who has power to claim or, as the case may be, receive benefit on his behalf; or

• (c) an attorney with a general power or a power to claim or, as the case may be, receive benefit, has been appointed by that person under the Powers of Attorney Act 1971, the Enduring Powers of Attorney Act 1985 or the Mental Capacity Act 2005 or otherwise,

that deputy, judicial factor, guardian or attorney, as the case may be, may make a claim on behalf of that person.

• (3) Where a person who is liable to pay council tax in respect of a dwelling is unable for the time being to act and paragraph (2) does not apply to him, the relevant authority may, upon written application made to them by a person who, if a natural person, is over the age of 18, appoint that person to exercise on behalf of the person who is unable to act, any right to which that person might be entitled under the Act and to receive and deal on his behalf with any sums payable to him.

• (4) Where the relevant authority has made an appointment under paragraph (3) or treated a person as an appointee under paragraph (5)—

• (a) it may at any time revoke the appointment;

• (b) the person appointed may resign his office after having given 4 weeks notice in writing to the relevant authority of his intention to do so;

• (c) any such appointment shall terminate when the relevant authority is notified of the appointment of a person mentioned in paragraph (2).

• (5) Where a person who is liable to pay council tax in respect of a dwelling is for the time being unable to act and the Secretary of State has appointed a person to act on his behalf under regulation 33 of the Social Security (Claims and Payments) Regulations 1987 (persons unable to act), the relevant authority may if that person agrees, treat him as if he had been appointed by them under paragraph (3).

• (6) Anything required by these Regulations to be done by or to any person who is for the time being unable to act may be done by or to the persons mentioned in paragraph (2) above or by or to the person appointed or treated as appointed under this regulation and the receipt of any such person so appointed shall be a good discharge to the relevant authority for any sum paid.

• (7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Time and manner in which claims are to be made

53

• (1ZA) Subject to paragraph (1ZB), the prescribed time for claiming council tax benefit is as regards any day on which, apart from satisfying the condition of making a claim, the claimant is entitled to council tax benefit, that day and the period of three months immediately following it.

• (1ZB) In any case where paragraph (5)(a) applies, paragraph (1ZA) does not entitle a claimant to claim council tax benefit in respect of any day earlier than 3 months before the date on which the claim for state pension credit is made (or treated as made by virtue of any provision of the Social Security (Claims and Payments) Regulations 1987).

• (1) Subject to paragraphs (4A) to (4BD), every claim shall be in writing and made on a properly completed form approved for the purpose by the relevant authority or in such written form as the relevant authority may accept as sufficient in the circumstances of any particular case or class of cases having regard to the sufficiency of the written information and evidence.

• (2) The forms approved for the purpose of claiming shall be provided free of charge by the relevant authority or such persons as they may authorise or appoint for the purpose.

• (3) Each relevant authority shall notify the Secretary of State of the address to which claims delivered or sent to the appropriate DWP office are to be forwarded.

• (4) A claim in writing—

• (a) may be sent or delivered to the appropriate DWP office where the claimant or his partner is also claiming income support, incapacity benefit, state pension credit, a jobseeker's allowance or an employment and support allowance;

• (b) where it has not been sent or delivered to the appropriate DWP office, shall be sent or delivered to the designated office;

• (c) sent or delivered to the appropriate DWP office, other than one sent on the same form as a claim being made to income support, incapacity benefit, a jobseeker's allowance or an employment and support allowance and as approved by the Secretary of State for the purpose of the benefits being claimed, shall be forwarded to the relevant authority within two working days of the date of the receipt of the claim at the appropriate DWP office, or as soon as practicable thereafter;

• (d) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (e) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (f) where the claimant has attained the qualifying age for state pension credit, may be sent or delivered to an office which is an authorised office.

• (g) may be sent or delivered to the offices of a county council in England if the council has arranged with the relevant authority for claims to be received at their offices (“county offices”).

• (4A) Where the relevant authority has published a telephone number for the purpose of receiving claims for council tax benefit, a claim may be made by telephone to that telephone number.

• (4B) If the Secretary of State agrees, where a person is—

• (a) making a claim for a benefit referred to in paragraph (4)(a); and

• (b) the Secretary of State has made provision in the Social Security (Claims and Payments) Regulations 1987 for that benefit to be claimed by telephone,

that person may claim council tax benefit by telephone to the telephone number specified by the Secretary of State.

• (4BA) A claim for council tax benefit may be made in accordance with paragraph (4B) at any time before a decision has been made on the claim for the benefit referred to in paragraph (4)(a).

• (4BB) If the Secretary of State agrees, where a person, in accordance with regulation 32 of the Social Security (Claims and Payments) Regulations 1987 (information to be given and changes to be notified)—

• (a) furnishes the Secretary of State with such information or evidence as he may require; or

• (b) notifies the Secretary of State of any change of circumstances,

that person may claim council tax benefit in the same manner in which the information or evidence was furnished or the notification was given.

• (4BC) If the Secretary of State agrees, where a person, in accordance with regulation 24 of the Jobseeker’s Allowance Regulations (provision of information and evidence)—

• (a) furnishes the Secretary of State with such certificates, documents and other evidence as he may require; or

• (b) notifies the Secretary of State of any change of circumstances,

that person may claim council tax benefit in the same manner as the certificate, document and other evidence was furnished or the notification was given.

• (4BD) A claim for council tax benefit may be made in accordance with paragraphs (4BB) or (4BC) at any time before a decision has been made on the award of benefit to which the information, evidence, certificates, documents or notification relates.

• (4C) The relevant authority may determine, in any particular case, that a claim made by telephone in accordance with paragraph (4A) is not a valid claim unless the person making the claim approves a written statement of his circumstances, provided for the purpose by the relevant authority ....

• (4CA) The relevant authority or the Secretary of State may determine that a claim made by telephone in accordance with paragraphs (4B) to (4BD) is not a valid claim unless the person making the claim approves a written statement of his circumstances, provided for the purpose by the Secretary of State.

• (4D) A claim made by telephone in accordance with paragraphs (4A) to (4BD) is defective unless the relevant authority or the Secretary of State is provided with all the information requested during that telephone call.

• (4E) Where a claim made by telephone in accordance with paragraph (4A) ... is defective, the relevant authority must provide the person making it with an opportunity to correct the defect.

• (4EA) Where a claim made by telephone in accordance with paragraphs (4B) to (4BD) is defective—

• (a) the Secretary of State may provide the person making it with an opportunity to correct the defect;

• (b) the relevant authority must provide the person making it with an opportunity to correct the defect if the Secretary of State has not already done so unless it considers that it has sufficient information to determine the claim.

• (4F) If the person corrects the defect within one month, or such longer period as the relevant authority considers reasonable, of the date the relevant authority or the Secretary of State last drew attention to it, the relevant authority shall treat the claim as if it had been duly made in the first instance.

• (4G) If the person does not correct the defect within one month, or such longer period as the relevant authority considers reasonable, of the date the relevant authority or the Secretary of State last drew attention to it, the relevant authority may treat the claim as if it had been duly made in the first instance where it considers that it has sufficient information to determine the claim.

• (5) Subject to paragraph (12), ... the date on which a claim is made shall be—

• (a) in a case where an award of state pension credit which comprises a guarantee credit has been made to the claimant or his partner and the claim for council tax benefit is made within one month of the date on which the claim for that state pension credit which comprises a guarantee credit was received at the appropriate DWP office, the first day of entitlement to, state pension credit which comprises a guarantee credit arising from that claim;

• (b) in a case where a claimant or his partner is a person in receipt of a guarantee credit and he becomes liable for the first time to pay council tax in respect of the dwelling he occupies as his home, where the claim to the authority is received at the designated office or appropriate social security office within one month of the date of the change, the date on which the change takes place;

• (c) in a case where the claimant is the former partner of a person who was, at the date of his death or their separation, entitled to council tax benefit and where the claimant makes a claim for council tax benefit within one month of the date of the death or the separation, that date;

• (d) except where sub-paragraph (a), (b) or (c) is satisfied, in a case where a properly completed claim is received in a designated office, an authorised office, county offices or an appropriate DWP office within one month, or such longer period as the relevant authority considers reasonable, of the date on which—

• (i) a claim form was issued to the claimant following the claimant first notifying, by whatever means, a designated office, an authorised office or an appropriate DWP office of an intention to make a claim; or

• (ii) a claimant notifies, by whatever means, a designated office, an authorised office or an appropriate DWP office of an intention to make a claim by telephone in accordance with paragraphs (4A) to (4BD),

the date of first notification; and

• (e) in any other case, the date on which the claim is received at the designated office or authorised office , county offices or appropriate DWP office.

• (6) Where a claim received at the designated office or appropriate DWP office has not been made in the manner prescribed in paragraph (1), that claim is for the purposes of these Regulations defective.

• (7) Where a claim, which is received by a relevant authority, is defective because—

• (a) it was made on the form approved for the purpose but that form is not accepted by the relevant authority as being properly completed; or

• (b) it was made in writing but not on the form approved for the purpose and the relevant authority does not accept the claim as being in a written form which is sufficient in the circumstances of the case having regard to the sufficiency of the written information and evidence,

the relevant authority may, in a case to which sub-paragraph (a) applies, request the claimant to complete the defective claim or, in the case to which sub-paragraph (b) applies, supply the claimant with the approved form or request further information and evidence.

• (7A) Where a claim is received at an appropriate DWP office and it appears to the Secretary of State that the form has not been properly completed, the Secretary of State may request that the claimant provides the relevant authority with the information required to complete the form.

• (8) The relevant authority shall treat a defective claim as if it had been validly made in the first instance if, in any particular case, the conditions specified in sub-paragraph (a), (b) or (c) of paragraph (8A) are satisfied.

• (8A) The conditions are that—

• (a) where paragraph (7)(a) (incomplete form) applies, the authority receives at the designated office the properly completed claim or the information requested to complete it or the evidence within one month of the request, or such longer period as the relevant authority may consider reasonable; or

• (b) where paragraph (7)(b) (claim not on approved form or further information requested by relevant authority) applies—

• (i) the approved form sent to the claimant is received at the designated office properly completed within one month of it having been sent to him; or, as the case may be,

• (ii) the claimant supplies whatever information or evidence was requested under paragraph (7) within one month of the request,

or, in either case, within such longer period as the relevant authority may consider reasonable; or

• (c) where paragraph (7A) (further information requested by Secretary of State) applies, the relevant authority receives at the designated office the properly completed claim or the information requested to complete it within one month of the request by the Secretary of State or within such longer period as the relevant authority considers reasonable.

• (9) A claim which is made on an approved form for the time being is, for the purposes of this regulation, properly completed if completed in accordance with the instructions on the form, including any instructions to provide information and evidence in connection with the claim.

• (10) Except in the case of a claim made by a person from abroad, where a person has not become liable for council tax to a relevant authority but it is anticipated that he will become so liable within the period of 8 weeks (the relevant period), he may claim council tax benefit at any time in that period in respect of that tax and, provided that liability arises within the relevant period, the authority shall treat the claim as having been made on the day on which the liability for the tax arises.

• (11) Where, exceptionally, a relevant authority, has not set or imposed its council tax by the beginning of the financial year, if a claim for council tax benefit is properly made or treated as properly made and—

• (a) the date on which the claim is made or treated as made is in the period from the 1st April of the current year and ending one month after the date on which the authority sets or imposes the tax; and

• (b) if the tax had been determined, the claimant would have been entitled to council tax benefit either from—

• (i) the benefit week in which the 1st April of the current year fell; or

• (ii) a benefit week falling after the date specified in head (i) but before the claim was made,

the relevant authority shall treat the claim as made in the benefit week immediately preceding the benefit week in which such entitlement would have commenced.

• (12) Except in the case of a claim made by a person from abroad, where the claimant is not entitled to council tax benefit in the benefit week immediately following the date of his claim but the relevant authority is of the opinion that unless there is a change of circumstances he will be entitled to council tax benefit for a period beginning not later than the seventeenth benefit week following the date on which the claim is made, the relevant authority may treat the claim as made on a date in the benefit week immediately preceding the first benefit week of that period of entitlement and award benefit accordingly.

• (12A) Paragraph (12) applies in the case of a person who has attained, or whose partner has attained, the age which is 17 weeks younger than the qualifying age for state pension credit.

• (13) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (14) In this regulation “authorised office” means an office which is nominated by the Secretary of State and authorised by relevant authority for receiving claims for decision by the relevant authority.

Date of claim where claim sent or delivered to a gateway office

54

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Date of claim where claim sent or delivered to a gateway office

55

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Time for claiming council tax benefit

56

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Evidence and information

57

• (1) Subject to paragraphs (1A) and (2) and to paragraph 4 of Schedule A1 (treatment of claims for council tax benefit by refugees), a person who makes a claim, or a person to whom council tax benefit has been awarded, shall furnish such certificates, documents, information and evidence in connection with the claim or the award, or any question arising out of the claim or the award, as may reasonably be required by the relevant authority in order to determine that person's entitlement to, or continuing entitlement to council tax benefit and shall do so within one month of the relevant authority requiring him, or the Secretary of State requesting him, to do so or such longer period as the relevant authority may consider reasonable.

• (1A) Where a person notifies a change of circumstances to the appropriate DWP office under regulation 59(10), the Secretary of State may request that the claimant provides to the relevant authority the information or evidence that the Secretary of State considers the relevant authority may require to determine the claimant’s continuing entitlement to housing benefit.

• (2) Nothing in this regulation shall require a person to furnish any certificates, documents, information or evidence relating to a payment to which paragraph (4) applies.

• (3) Where a request is made under paragraph (1), the relevant authority shall—

• (a) inform the claimant or the person to whom council tax benefit has been awarded of his duty under regulation 59 (duty to notify change of circumstances) to notify the designated office of any change of circumstances; and

• (b) without prejudice to the extent of the duty owed under regulation 59, indicate to him either orally or by notice or by reference to some other document available to him on application and without charge, the kind of change of circumstances which is to be notified.

• (4) This paragraph applies to any of the following payments—

• (a) a payment which is made under or by the Trusts, the Fund, the Eileen Trust, MFET Limited, the Skipton Fund, the Caxton Foundation or the London Bombings Relief Charitable Fund;

• (b) a payment which is disregarded under paragraph 16 of Schedule 4 (payments made under certain trusts and certain other payments), other than a payment under the Independent Living Fund (2006);

• (c) a payment which is disregarded under regulation 42(9)(b) or (c) (non-dependant deductions) or paragraph 2(b) or (c) of Schedule 6 (second adult's gross income) other than a payment under the Independent Living Fund (2006).

• (5) Where a claimant or a person to whom council tax benefit has been awarded or any partner has attained the qualifying age for state pension credit and is a member of, or a person deriving entitlement to a pension under, a personal pension scheme, ... he shall where the relevant authority so requires furnish the following information—

• (a) the name and address of the pension fund holder;

• (b) such other information including any reference or policy number as is needed to enable the personal pension scheme ... to be identified.

• (6) Where the pension fund holder receives from a relevant authority a request for details concerning a personal pension scheme ... relating to a person or any partner to whom paragraph (5) refers, the pension fund holder shall provide the relevant authority with any information to which paragraph (7) refers.

• (7) The information to which this paragraph refers is—

• (a) where the purchase of an annuity under a personal pension scheme has been deferred, the amount of any income which is being withdrawn from the personal pension scheme;

• (b) in the case of—

• (i) a personal pension scheme where income withdrawal is available, the maximum amount of income which may be withdrawn from the scheme; or

• (ii) a personal pension scheme where income withdrawal is not available, ... the maximum amount of income which might be withdrawn from the fund if the fund were held under a personal pension scheme where income withdrawal was available,

calculated by or on behalf of the pension fund holder by means of tables prepared from time to time by the Government Actuary which are appropriate for this purpose.

Amendment and withdrawal of claim

58

• (1) A person who has made a claim may amend it at any time before a decision has been made on it by a notice in writing delivered or sent to the designated office.

• (2) Where the claim was made by telephone in accordance with paragraphs (4A) to (4BD) of regulation 53, the amendment may also be made by telephone.

• (3) Any claim amended in accordance with paragraph (1) or (2) shall be treated as if it had been amended in the first instance.

• (4) A person who has made a claim may withdraw it at any time before a decision has been made on it by notice to the designated office.

• (5) Where the claim was made by telephone in accordance with paragraphs (4B) to (4BD) of regulation 53, the withdrawal may also be made by telephone to the telephone number specified by the Secretary of State.

• (6) Any notice of withdrawal given in accordance with paragraph (4) or (5) shall have effect when it is received.

Duty to notify changes of circumstances

59

• (1) Subject to paragraphs (3), (5) to (8) and (10), if at any time between the making of a claim and a decision being made on it, or during the award of council tax benefit, there is a change of circumstances which the claimant or any person by whom or on whose behalf sums payable by way of council tax benefit are receivable might reasonably be expected to know might affect the claimant's right to, the amount of, or the receipt of council tax benefit, that person shall be under a duty to notify that change of circumstances by giving notice ... to the designated office.

• (a) in writing; or

• (b) by telephone—

• (i) where the relevant authority has published a telephone number for that purpose or for the purposes of regulation 53 (time and manner in which claims are to be made) unless the authority determines that in any particular case or class of case notification may not be given by telephone; or

• (ii) in any case or class of case where the relevant authority determines that notice may be given by telephone; or

• (c) by any other means which the relevant authority agrees to accept in any particular case.

• (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (3) The duty imposed on a person by paragraph (1) does not extend to notifying changes in—

• (a) the amount of a council tax payable to the relevant authority;

• (b) the age of the claimant or that of any member of his family;

• (c) in these Regulations.

• (4) Notwithstanding paragraph (3)(b) a claimant shall be required by paragraph (1) to notify the designated office of any change in the composition of his family arising from the fact that a person who was a member of his family is now no longer such a person because he ceases to be a child or young person.

• (5) Where the amount of a claimant's council tax benefit is the alternative maximum council tax benefit in his case, the claimant shall be under a duty to give written notice to the designated office of changes which occur in the number of adults in the dwelling or in their total gross incomes which might reasonably be expected to change his entitlement to that council tax benefit and where any such adult ceases to be in receipt of state pension credit, income support, an income-based jobseeker's allowance or an income-related employment and support allowance the date when this occurs.

• (6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (7) A person entitled to council tax benefit who is also on state pension credit must report—

• (a) changes affecting the residence or income of any non-dependant normally residing with the claimant or with whom the claimant normally resides;

• (b) any absence from the dwelling which exceeds or is likely to exceed 13 weeks.

• (8) In addition to the changes required to be reported under paragraph (7), a person whose state pension credit comprises only a savings credit must also report—

• (a) changes affecting a child living with him which may result in a change in the amount of council tax benefit allowed in his case, but not changes in the age of the child;

• (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (c) any change in the amount of the claimant's capital to be taken into account which does or may take the amount of his capital to more than £16,000;

• (d) any change in the income or capital of—

• (i) a non-dependant whose income and capital are treated as belonging to the claimant in accordance with regulation 14 (circumstances in which income of a non-dependant is to be treated as claimant's); or

• (ii) a person to whom regulation 17(4)(e) refers,

and whether such a person or, as the case may be, non-dependant stops living or begins or resumes living with the claimant.

• (9) A person who is entitled to council tax benefit and on state pension credit need only report to the designated office the changes specified in paragraphs (7) and (8).

• (10) Where—

• (a) the claimant or the claimant’s partner is in receipt of jobseeker’s allowance;

• (b) the change of circumstance is that the claimant or the claimant’s partner starts employment; and

• (c) as a result of the change of circumstance either entitlement to that benefit will end or the amount of that benefit will be reduced,

the claimant may discharge the duty in paragraph (1) by notifying the change of circumstance by telephoning the appropriate DWP office if a telephone number has been provided for that purpose.

PART 8 — Decisions on questions

Decisions by a relevant authority

60

• (1) Unless provided otherwise by these Regulations, any matter required to be determined under these Regulations shall be determined in the first instance by the relevant authority.

• (2) The relevant authority shall make a decision on each claim within 14 days of the provisions of regulations 53 and 57 (time and manner in which claims are to be made and evidence and information) being satisfied or as soon as reasonably practicable thereafter.

• (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Notification of decision

61

• (1) Except in cases to which paragraphs (a) and (b) of regulation 67 (excess benefit in consequence of a reduction of a relevant authority's council tax) refer, an Authority shall notify in writing any person affected by a decision made by it under these Regulations—

• (a) in the case of a decision on a claim, forthwith or as soon as reasonably practicable thereafter;

• (b) in any other case, within 14 days of that decision or as soon as reasonably practicable thereafter,

and every notification shall include a statement as to the matters set out in Schedule 7.

• (2) A person affected to whom an authority sends or delivers a notification of decision may, within one month of the date of the notification of that decision (or, if the decision was notified before 1st November 2010, before 1st December 2010), request in writing the authority to provide a written statement setting out the reasons for its decision on any matter set out in the notice.

• (3) The written statement referred to in paragraph (2) shall be sent to the person requesting it within 14 days or as soon as is reasonably practical thereafter.

PART 9 — Awards or payments of benefit

Time and manner of granting council tax benefit

62

• (1) Subject to regulations 65 and 66 (payments on death and offsetting), where a person is entitled to council tax benefit in respect of his liability for a relevant authority's council tax as it has effect in respect of the relevant or any subsequent chargeable financial year, the relevant authority shall discharge his entitlement—

• (a) by reducing, so far as possible, the amount of his liability to which regulation 20(2) of the Council Tax (Administration and Enforcement) Regulations 1992 (the English and Welsh Regulations) or regulation 20(2) of the Council Tax (Administration and Enforcement) (Scotland) Regulations 1992 (the Scottish Regulations) refers; or

• (b) where—

• (i) such a reduction is not possible; or

• (ii) such a reduction would be insufficient to discharge the entitlement to council tax benefit; or

• (iii) the person entitled to council tax benefit is jointly and severally liable for the tax and the relevant authority determines that such a reduction would be inappropriate,

by making payments to him of the benefit to which he is entitled, rounded where necessary to the nearest penny.

• (2) The relevant authority shall notify the person entitled to council tax benefit of the amount of that benefit and how his entitlement is to be discharged in pursuance of paragraph (1).

• (3) In a case to which paragraph (1)(b) refers—

• (a) if the amount of the council tax for which he remains liable in respect of the relevant chargeable financial year, after any reduction to which paragraph (1)(a) refers has been made, is insufficient to enable his entitlement to council tax benefit in respect thereof to be discharged in that year, upon the final instalment of that tax becoming due any outstanding benefit—

• (i) shall be paid to that person if he so requires; or

• (ii) in any other case shall (as the relevant authority determines) either be repaid or credited against any subsequent liability of the person to make a payment in respect of the authority's council tax as it has effect for any subsequent year;

• (b) if that person has ceased to be liable for the relevant authority's council tax and has discharged the liability for that tax, the outstanding balance (if any) of the council tax benefit in respect thereof shall be paid within 14 days or, if that is not reasonably practicable, as soon as practicable thereafter;

• (c) in any other case, the council tax benefit shall be paid within 14 days of the receipt of the claim at the designated office or, if that is not reasonably practicable, as soon as practicable thereafter.

• (4) For the purposes of this regulation “instalment” means any instalment of a relevant authority's council tax to which regulation 19 of either the English and Welsh Regulations or as the case may be the Scottish Regulations refers (council tax payments).

Person to whom benefit is to be paid

63

• (1) Subject to regulation 65 (payment on death) and paragraph (2), any payment of council tax benefit under regulation 62(1)(b) shall be made to that person.

• (2) Where a person other than a person who is entitled to council tax benefit made the claim and that first person is a person acting pursuant to an appointment under regulation 52(3) (persons appointed to act for a person unable to act) or is treated as having been so appointed by virtue of regulation 52(5), benefit may be paid to that person.

Shortfall in benefit

64

• (1) Except in cases to which paragraph (2) refers, where, on the revision of a decision allowing council tax benefit to a person, it is determined that the amount allowed was less than the amount to which that person was entitled, the relevant authority shall either—

• (a) make good any shortfall in benefit which is due to that person, by reducing so far as possible the next and any subsequent payments he is liable to make in respect of the council tax of the authority concerned as it has effect for the relevant chargeable financial year until that shortfall is made good; or

• (b) where this is not possible or the person concerned so requests, pay any shortfall in benefit due to that person within 14 days of the revision of the decision being made or if that is not reasonable practicable, as soon as possible afterwards.

• (2) A shortfall in benefit need not be paid in any case to the extent that there is due from the person concerned to the relevant authority any recoverable excess benefit to which regulation 68(1) refers.

Payment on the death of the person entitled

65

• (1) Where the person entitled to any council tax benefit has died and it is not possible to award any council tax benefit which is due in the form of a reduction of the council tax for which he was liable, the relevant authority shall make payment either to his personal representative or, where there is none, his next of kin aged 16 or over.

• (2) For the purposes of paragraph (1), “next of kin” means in England and Wales the persons who would take beneficially on an intestacy and in Scotland the person entitled to the moveable estate on intestacy.

• (3) A payment under paragraph (1) may not be made unless the personal representative or the next of kin, as the case may be, makes written application for the payment of any sum of benefit to which the deceased was entitled, and such written application is sent to or delivered to the relevant authority at its designated office within 12 months of the deceased's death or such longer period as the authority may allow in any particular case.

• (4) The authority may dispense with strict proof of title of any person claiming under paragraph (3) and the receipt of such a person shall be a good discharge to the authority for any sum so paid.

Offsetting

66

• (1) Where a person has been allowed or paid a sum of council tax benefit under a decision which is subsequently revised or superseded or further revised or superseded, any sum allowed or paid in respect of a period covered by the subsequent decision shall be offset against arrears of entitlement under the subsequent decision except to the extent that the sum exceeds the arrears and shall be treated as properly awarded or paid on account of them.

• (2) Where an amount has been deducted under regulation 74(1) an equivalent sum shall be offset against any arrears of entitlement under the subsequent determination.

• (3) No amount may be offset under paragraph (1) which has been determined to be excess benefit within the meaning of regulation 67 (meaning of excess benefit).

PART 10 — Excess benefit

Meaning of excess benefit

67

In this Part “excess benefit” means any amount which as been allowed by way of council tax benefit and to which there was no entitlement under these Regulations (whether on the initial decision or as subsequently revised or superseded or further revised or superseded) and includes any excess which arises by reason of—

• (a) a reduction in the amount a person is liable to pay in respect of council tax in consequence of—

• (i) regulations made under section 13 of the 1992 Act (reduction in the amount of a person's council tax); or

• (ii) any discount to which that tax is subject by virtue of section 11 or 79 of that Act;

• (b) a substitution under sections 31 or 60 or, in Scotland, section 94 of the 1992 Act (substituted amounts) of a lesser amount for an amount of council tax previously set by the relevant authority under section 30 or, in Scotland section 93 of that Act (amount set for council tax).

Recoverable excess benefit

68

• (1) Any excess benefit, except benefit to which paragraph (2) applies, shall be recoverable.

• (2) Subject to paragraph (4) and (5) and excepting any excess benefit arising in consequence of a reduction in tax or substitution to which regulation 67 refers, this paragraph applies to excess benefit allowed in consequence of an official error, where the claimant or a person acting on his behalf or any other person to whom the excess benefit is allowed could not, at the time the benefit was allowed or upon the receipt of any notice relating to the allowance of that benefit, reasonably have been expected to realise that it was excess benefit.

• (3) In paragraph (2), “excess benefit allowed in consequence of an official error” means an overpayment caused by a mistake made whether in the form of an act or omission by—

• (a) the relevant authority;

• (b) an officer or person acting for that authority;

• (c) an officer of—

• (i) the Department for Work and Pensions; or

• (ii) the Commissioners for Her Majesty's Revenue and Customs,

acting as such; or

• (d) a person providing services to the Department or to the Commissioners referred to in (c),

where the claimant, a person acting on his behalf or any other person to whom the payment is made, did not cause or materially contribute to that mistake, act or omission.

• (4) Paragraph (2) shall not apply with respect to excess benefit to which regulation 67(a) and (b) refers.

• (5) Where in consequence of an official error a person has been awarded excess benefit, upon the award being revised any excess benefit which remains credited to him by the relevant authority in respect of a period after the date of the revision, shall be recoverable.

Authority by which recovery may be made

69

The relevant authority which allowed the recoverable excess benefit may recover it.

Persons from whom recovery may be sought

70

Recoverable excess benefit shall be due from the claimant or the person to whom the excess benefit was allowed.

Methods of recovery

71

• (1) Without prejudice to any other method of recovery a relevant authority may recover any recoverable excess benefit ... by any of the methods specified in paragraph (2) and (3) or any combination of those methods.

• (2) Excess benefit may be recovered ...—

• (a) by payment by or on behalf of the claimant or the person to whom the excess benefit was allowed; or

• (b) by an addition being made by the relevant authority to any amount payable in respect of the council tax concerned.

• (3) Where recoverable excess benefit cannot be recovered by either of the methods specified in paragraph (2), the relevant authority may request the Secretary of State to recover the outstanding excess—

• (a) from the benefits prescribed in regulation 75(1); or

• (b) where the claimant has one or more partners, from the benefits prescribed in regulation 75(1B), provided that the claimant and that partner were a couple both at the time the excess benefit was allowed and when the deduction is made.

Further provision as to recovery of excess benefit

72

In addition to the methods for recovery of excess benefit which are specified in regulation 71, any sum or part of a sum which is due from the person concerned and which is not paid within 21 days of his being notified of the amount that is due, shall be recoverable in a court of competent jurisdiction by the authority to which the excess benefit is due.

Diminution of capital

73

• (1) Where in the case of recoverable excess benefit, in consequence of a misrepresentation or failure to disclose a material fact (in either case whether fraudulent or otherwise) as to a person's capital, or an error, other than one to which regulation 68(2) (effect of official error) refers, as to the amount of a person's capital, the excess benefit was in respect of a period (“the excess benefit period”) of more than 13 benefit weeks, the relevant authority shall, for the purpose only of calculating the amount of excess—

• (a) at the end of the first 13 benefit weeks of the excess benefit period, treat the amount of the capital as having been reduced by the amount of excess council tax benefit allowed during those 13 weeks;

• (b) at the end of each subsequent period of 13 benefit weeks, if any, of the excess benefit period, treat the amount of that capital as having been further reduced by the amount of excess council tax benefit allowed during the immediately preceding 13 benefit weeks.

• (2) Capital shall not be treated as reduced over any period other than 13 benefit weeks or in any circumstances other than those, for which paragraph (1) provides.

Sums to be deducted in calculating recoverable excess benefit

74

• (1) In calculating the amount of recoverable excess benefit, the relevant authority shall deduct any amount of council tax benefit which should have been determined to be payable to the person from whom the excess benefit is recoverable or their partner in respect of the whole or part of the overpayment period—

• (a) on the basis of the claim as presented to the authority;

• (b) on the basis of the claim as it would have appeared had any misrepresentation or non-disclosure been remedied before the decision; or

• (c) on the basis of the claim as it would have appeared if any change of circumstances had been notified at the time that change occurred.

• (2) In calculating the amount of recoverable excess benefit, the relevant authority may deduct so much of any payment of council tax in respect of the excess benefit period which exceeds the amount, if any, which the claimant was liable to pay for that period under the original erroneous decision.

Recovery of excess benefit from prescribed benefits

75

• (1) Subject to paragraph (1B), for the purposes of section 76(3)(c) of the Administration Act (deduction of excess council tax benefit from prescribed benefits), the benefits prescribed by this regulation are—

• (a) any benefit payable under the Act, except guardian's allowance or housing benefit;

• (b) any benefit payable under the legislation of any member State, other than the United Kingdom, concerning the branches of social security mentioned in article 4(1) of Regulation (EEC) No. 1408/71 on the application of social security schemes to employed persons, to self-employed persons and to members of their families moving within the European Union, whether or not the benefit has been acquired by virtue of the provisions of that Regulation;

• (c) a jobseeker's allowance;

• (d) state pension credit.

• (e) an employment and support allowance.

• (1A) For the purposes of paragraph (1)(b) the term “member State” shall be understood to include Switzerland in accordance with and subject to the provisions of Annex II of the Agreement between the European Community and its Member States and the Swiss Confederation on the free movement of persons, signed at Brussels on 21st June 1999.

• (1B) For the purposes of section 76(3)(c) of the Administration Act, where recovery is sought from the claimant’s partner under regulation 71(3)(b), the benefits prescribed by this regulation are—

• (a) income support under Part 7 of the Act;

• (b) income-based jobseeker’s allowance;

• (c) state pension credit; and

• (d) income-related employment and support allowance.

• (2) The Secretary of State shall, if requested to do so by a relevant authority under regulation 71 (methods of recovery), recover excess benefit by deduction from any of the benefits prescribed in paragraph (1) or (in the case of the claimant’s partner) any of the benefits prescribed in paragraph (1B) provided that the Secretary of State is satisfied that—

• (a) recoverable excess benefit has been allowed in consequence of a misrepresentation of or a failure to disclose a material fact (in either case whether fraudulently or otherwise), by a claimant or any other person to whom council tax benefit has been allowed; and

• (b) the person from whom it is sought to recover the excess benefit is receiving sufficient amounts of any of the benefits prescribed in paragraph (1) or (1B) (as the case may be) to enable deductions to be made for the recovery of the excess.

PART 11 — Information

SECTION 1 — Claims and information

Interpretation

76

In this Section—

• “county council” means a county council in England, but only if the council has made an arrangement in accordance with regulation 53(4)(g) or 77(3);

• “local authority” means an authority administering council tax benefit;

• “relevant authority” means—the Secretary of State;a person providing services to the Secretary of State; ora county council;

• “relevant information” means information or evidence relating to the administration of claims to or awards of council tax benefit.

Collection of information

77

• (1) The Secretary of State, or a person providing services to him, may receive or obtain relevant information from—

• (a) persons making, or who have made, claims for council tax benefit; or

• (b) other persons in connection with such claims.

• (2) In paragraph (1) references to persons who have made claims for council tax benefit include persons to whom awards of benefit have been made on those claims.

• (3) Where a county council has made an arrangement with a local authority, or a person authorised to exercise any function of a local authority relating to housing benefit or council tax benefit, to receive and obtain information and evidence relating to a claim for council tax benefit, the council may receive or obtain the information or evidence from—

• (a) persons making claims for council tax benefit; or

• (b) other persons in connection with such claims.

• (4) A county council may receive information relating to an award of council tax benefit which is supplied by—

• (a) the person to whom the award has been made; or

• (b) other persons in connection with the award.

Recording and holding information

78

A relevant authority which obtains relevant information or to whom such information is supplied—

• (a) shall make a record of such information; and

• (b) may hold that information, whether as supplied or obtained or recorded, for the purpose of forwarding it to the person or authority for the time being administering council tax benefit.

Forwarding of information

79

A relevant authority which holds relevant information—

• (a) shall forward it to the person or authority for the time being administering claims to or awards of council tax benefit to which the relevant information relates, being—

• (i) a local authority;

• (ii) a person providing services to a local authority; or

• (iii) a person authorised to exercise any function of a local authority relating to council tax benefit; and

• (b) may, if the relevant authority is the Secretary of State or a person providing services to the Secretary of State, continue to hold a record of such information, whether as supplied or obtained or recorded, for such period as he considers appropriate.

Request for information

80

A relevant authority which holds information or evidence relating to social security matters shall forward such information or evidence as may be requested to the person or authority making that request, provided that—

• (a) the request is made by—

• (i) a local authority;

• (ii) a person providing services to a local authority; or

• (iii) a person authorised to exercise any function of a local authority relating to council tax benefit; and

• (b) the information or evidence requested includes relevant information;

• (c) the relevant authority is able to provide the information or evidence requested in the form in which it was originally supplied or obtained; and

• (d) provision of the information or evidence requested is considered necessary by the relevant authority to the proper performance by a local authority of its functions relating to council tax benefit.

SECTION 2 — Information between authorities etc.

Information to be supplied by an authority to another authority

81

• (1) This regulation applies for the purposes of section 128A of the Administration Act (duty of an authority to disclose information to another authority).

• (2) Information is to be disclosed by one authority to another where—

• (a) there is a mover who is or was allowed council tax benefit by appropriate Authority “A”;

• (b) the mover is liable to pay council tax in respect of the new dwelling to Authority “B”; and

• (c) the mover is entitled to an extended payment in accordance with regulation 60 of the Council Tax Benefit Regulations 2006.

• (3) Authority A shall disclose to Authority B—

• (a) the amount of the extended payment calculated in accordance with regulation 60C(2) of the Council Tax Benefit Regulations 2006 (amount of extended payment – movers);

• (b) the date that entitlement to the extended payment will commence or has commenced;

• (c) the date that entitlement to the extended payment ceased or will cease;

• (d) the date of the move from Authority A to Authority B;

• (e) where the extended payment will be paid by Authority A to Authority B in accordance with regulation 60C(3)(a) of the Council Tax Benefit Regulations 2006 (payment of the extended payment to second authority)—

• (i) the amount that Authority A will pay to Authority B in accordance with that paragraph; and

• (ii) any other information required by Authority B to enable Authority A to make the payment in accordance with that paragraph; and

• (f) if any deduction was being made in respect of a recoverable overpayment.

• (4) Authority B shall disclose to Authority A—

• (a) if a mover’s liability to pay council tax for the new dwelling is to Authority B; and

• (b) where the extended payment will be paid by Authority A to Authority B in accordance with regulation 60C(3)(a) of the Council Tax Benefit Regulations 2006—

• (i) any information required by Authority A to enable Authority A to make the payment in accordance with that paragraph; and

• (ii) the date on which Authority B receives any such payment.

Supply of information: extended payments (severe disablement allowance and incapacity benefit)

82

• (1) This regulation applies for the purposes of section 122E(3) of the Administration Act (duty of an authority to supply information to another authority).

• (2) Information is to be disclosed by one authority to another where—

• (a) there is a mover who is or was allowed council tax benefit by appropriate Authority “A”;

• (b) the mover is liable to pay council tax in respect of the new dwelling to Authority “B”; and

• (c) the mover is entitled to an extended payment (qualifying contributory benefits) in accordance with regulation 44 of these Regulations or regulation 61 of the Council Tax Benefit Regulations 2006.

• (3) Authority A shall disclose to Authority B—

• (a) the amount of the extended payment calculated in accordance with regulation 44C(2) of these Regulations or regulation 61C(2) of the Council Tax Benefit Regulations 2006 (amount of extended payment – movers);

• (b) the date that entitlement to the extended payment will commence or has commenced;

• (c) the date that entitlement to the extended payment ceased or will cease;

• (d) the date of the move from Authority A to Authority B;

• (e) where the extended payment will be paid by Authority A to Authority B in accordance with regulation 44C(3)(a) of these Regulations or regulation 61C(3)(a) of the Council Tax Benefit Regulations 2006 (payment of the extended payment to the second authority)—

• (i) the amount that Authority A will pay to Authority B in accordance with that paragraph; and

• (ii) any other information required by Authority B to enable Authority A to make the payment in accordance with that paragraph; and

• (f) if any deduction was being made in respect of a recoverable overpayment.

• (4) Authority B shall disclose to Authority A—

• (a) if a mover’s liability to pay council tax for the new dwelling is to Authority B; and

• (b) where the extended payment will be paid by Authority A to Authority B in accordance with regulation 44C(3)(a) of these Regulations or regulation 61C(3)(a) of the Council Tax Benefit Regulations 2006—

• (i) any information required by Authority A to enable Authority A to make the payment in accordance with that paragraph; and

• (ii) the date on which Authority B receives any such payment.

SCHEDULE 1 — Applicable amounts

PART 1 — Personal allowances

1

The amounts specified in column (2) below in respect of each person or couple specified in column (1) shall be the amount specified for the purposes of regulation 12—

Column (1)	Column (2)
Person, couple or polygamous marriage	Amount
1 Single claimant or lone parent—	1
a aged under 65;	a £109.45;
b aged 65 or over.	b £125.90.
2 Couple—	2
a both members aged under 65;	a £167.05;
b one member or both members aged 65 or over.	b £188.60.
3 If the claimant is a member of a polygamous marriage and none of the members of the marriage have attained the age of 65—	3
a for the claimant and the other party to the marriage;	a £167.05;
b for each additional spouse who is a member of the same household as the claimant.	b £57.60.
4 If the claimant is a member of a polygamous marriage and one or more members of the marriage are aged 65 or over—	4
a for the claimant and the other party to the marriage;	a £188.60;
b for each additional spouse who is a member of the same household as the claimant.	b £62.70.

2

• (1) The amount specified in column (2) below in respect of each person specified in column (1) shall, for the relevant period specified in column (1), be the amounts specified for the purposes of regulation 12(1)(b)—

Column (1)	Column (2)
Child or young person	Amount
Persons in respect of the period—
a beginning on that person’s date of birth and ending on the day preceding the first Monday in September following that person’s sixteenth birthday;	a £43.88;
b beginning on the first Monday in September following that person’s sixteenth birthday and ending on the day preceding that person’s nineteenth birthday.	b £43.88.

• (2) In column (1) of the table above, “the first Monday in September” means the Monday which first occurs in the month of September in any year.

PART 2 — Family premium

3

• (1) The amount for the purposes of regulation 12(1)(c) and (d) in respect of a family of which at least one member is a child or young person shall be £16.10.

• (2) The amounts specified in sub-paragraph (1) shall be increased by £10.50 where at least one child is under the age of one year and for the purposes of this sub-paragraph where that child’s first birthday does not fall on a Monday he shall be treated as under the age of one year until the first Monday after his first birthday.

PART 3 — Premiums

4

The premiums specified in Part 4 shall, for the purposes of regulation 12(1)(e), be applicable to a claimant who satisfies the condition specified in this Part in respect of that premium.

5

• (1) Subject to sub-paragraph (2), for the purposes of this Part of this Schedule, once a premium is applicable to a claimant under this Part, a person shall be treated as being in receipt of any benefit for—

• (a) in the case of a benefit to which the Social Security (Overlapping Benefits) Regulations 1979 applies, any period during which, apart from the provisions of those Regulations, he would be in receipt of that benefit; and

• (b) any period spent by a person in undertaking a course of training or instruction provided or approved by the Secretary of State under section 2 of the 1973 Act, or by Skills Development Scotland, Scottish Enterprise or Highlands and Islands Enterprise under section 2 of the Enterprise and New Towns (Scotland) Act 1990 or for any period during which he is in receipt of a training allowance.

• (2) For the purposes of the carer premium under paragraph 9, a person shall be treated as being in receipt of a carer's allowance by virtue of sub-paragraph (1)(a) only if and for so long as the person in respect of whose care the allowance has been claimed remains in receipt of attendance allowance, or the care component of disability living allowance at the highest or middle rate prescribed in accordance with section 72(3) of the Act.

Severe Disability Premium

6

• (1) The condition is that the claimant is a severely disabled person.

• (2) For the purposes of sub-paragraph (1), a claimant shall be treated as being a severely disabled person if, and only if—

• (a) in the case of a single claimant, lone parent or a claimant who is treated as having no partner in consequence of sub-paragraph (3)—