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

[^key-7e9b5275f9855c32c7893e8139dab792]: Words in reg. 11(3)(c) substituted (15.7.2011) by The Adoption and Children (Scotland) Act 2007 (Consequential Modifications) Order 2011 (S.I. 2011/1740), art. 1(2), Sch. 1 para. 42(a)

[^key-4973e1edecadb22e08fbe51400ebcfe3]: Words in reg. 11(5) substituted (15.7.2011) by The Adoption and Children (Scotland) Act 2007 (Consequential Modifications) Order 2011 (S.I. 2011/1740), art. 1(2), Sch. 1 para. 42(b)

[^key-c1a4750684c3d3badd84c98c36fc28fa]: Words in reg. 2(1) substituted (28.10.2011) by The Public Services Reform (Scotland) Act 2010 (Consequential Modifications of Enactments) Order 2011 (S.I. 2011/2581), art. 1(2)(b), Sch. 2 para. 54(a)(i)

[^key-8bf81d67344e92bdc9a46354bf6beb5e]: Words in reg. 2(1) substituted (28.10.2011) by The Public Services Reform (Scotland) Act 2010 (Consequential Modifications of Enactments) Order 2011 (S.I. 2011/2581), art. 1(2)(b), Sch. 2 para. 54(a)(ii)

[^key-296bdf808e6b2b4c61dda21e15eddd58]: Reg. 21(8)(e) substituted (28.10.2011) by The Public Services Reform (Scotland) Act 2010 (Consequential Modifications of Enactments) Order 2011 (S.I. 2011/2581), art. 1(2)(b), Sch. 2 para. 54(b)

[^key-9679b52284cad62c7192a6210453d500]: Sch. 4 para. 26D inserted (31.10.2011) by The Social Security (Miscellaneous Amendments) (No. 3) Regulations 2011 (S.I. 2011/2425), regs. 1(2), 22(10)

[^key-18bd6db1a1de816d5a99361ff3195f23]: Words in reg. 2(1) inserted (31.10.2011) by The Social Security (Miscellaneous Amendments) (No. 3) Regulations 2011 (S.I. 2011/2425), regs. 1(2), 22(2)(a)

[^key-535d33dadeb79dbb3a13242a72a8e9b1]: Words in reg. 2(1) inserted (31.10.2011) by The Social Security (Miscellaneous Amendments) (No. 3) Regulations 2011 (S.I. 2011/2425), regs. 1(2), 22(2)(b)

[^key-895370c6e53b4f89072c4eacadc65334]: Reg. 7(4A)(f)(i) omitted (31.10.2011) by virtue of The Social Security (Miscellaneous Amendments) (No. 3) Regulations 2011 (S.I. 2011/2425), regs. 1(2), 22(3)

[^key-7ce22fc0d289ed84cf8345e253df8ba5]: Reg. 12(1)(d) omitted (31.10.2011) by virtue of The Social Security (Miscellaneous Amendments) (No. 3) Regulations 2011 (S.I. 2011/2425), regs. 1(2), 22(4)

[^key-8e1a1e67d14b655c3858a9e1af320867]: Words in reg. 28(1) omitted (31.10.2011) by virtue of The Social Security (Miscellaneous Amendments) (No. 3) Regulations 2011 (S.I. 2011/2425), regs. 1(2), 22(5)

[^key-06e19be16f6aff4c11ea755f19f5987a]: Words in reg. 32(1) substituted (31.10.2011) by The Social Security (Miscellaneous Amendments) (No. 3) Regulations 2011 (S.I. 2011/2425), regs. 1(2), 22(6)(a)

[^key-8ecba07817efc5574b885662d45c254f]: Reg. 32(3) inserted (31.10.2011) by The Social Security (Miscellaneous Amendments) (No. 3) Regulations 2011 (S.I. 2011/2425), regs. 1(2), 22(6)(b)

[^key-f78d75bb8786c0cfcb3f3bd89c01a77e]: Words in reg. 42(9)(b) inserted (31.10.2011) by The Social Security (Miscellaneous Amendments) (No. 3) Regulations 2011 (S.I. 2011/2425), regs. 1(2), 22(7)

[^key-90686e9fb626d31711d21234a75a9a33]: Words in reg. 57(4)(a) inserted (31.10.2011) by The Social Security (Miscellaneous Amendments) (No. 3) Regulations 2011 (S.I. 2011/2425), regs. 1(2), 22(8)

[^key-42b7892eb15a131983308e9143503b04]: Sch. 1 para. 3(2) omitted (31.10.2011) by virtue of The Social Security (Miscellaneous Amendments) (No. 3) Regulations 2011 (S.I. 2011/2425), regs. 1(2), 22(9)(a)

[^key-8eda2e499143547fa4711a30d517bbad]: Words in Sch. 1 para. 7(2) inserted (31.10.2011) by The Social Security (Miscellaneous Amendments) (No. 3) Regulations 2011 (S.I. 2011/2425), regs. 1(2), 22(9)(b)

[^key-7a2b2ba86b93317850553f1e15b7cbb1]: Words in Sch. 4 para. 16(1)(a) inserted (31.10.2011) by The Social Security (Miscellaneous Amendments) (No. 3) Regulations 2011 (S.I. 2011/2425), regs. 1(2), 22(8)

[^key-987a0574c8e882a4157de58d3fd3e750]: Words in Sch. 6 para. 2(b) inserted (31.10.2011) by The Social Security (Miscellaneous Amendments) (No. 3) Regulations 2011 (S.I. 2011/2425), regs. 1(2), 22(7)

[^key-5013eab4e12639ed241c28c6c9dbbdec]: Reg. 59A(1): reg. 59A renumbered as reg. 59A(1) (23.1.2012) by The Social Security (Electronic Communications) (No. 2) Order 2011 (S.I. 2011/2943), arts. 1, 5(2)

[^key-d07d218110dfb7eefedce2195289cd6c]: Regs. 59A(2)-(4) inserted (23.1.2012) by The Social Security (Electronic Communications) (No. 2) Order 2011 (S.I. 2011/2943), arts. 1, 5(3)

[^key-c686657707898dc50b855400b725a4fe]: Reg. 20(3)(a) sum confirmed (1.4.2012) by The Social Security Benefits Up-rating Order 2012 (S.I. 2012/780), arts. 1(2)(k), 23(2)(a)

[^key-f60617a39fd662f15b230d2038222604]: Reg. 20(3)(b) sum confirmed (1.4.2012) by The Social Security Benefits Up-rating Order 2012 (S.I. 2012/780), arts. 1(2)(k), 23(2)(b)

[^key-dd065fbb16d741465ed08aedf5d889f7]: Sch. 1 Pt. 1 sums amended and confirmed (1.4.2012) by The Social Security Benefits Up-rating Order 2012 (S.I. 2012/780), arts. 1(2)(k), 23(4), Sch. 11

[^key-ef87a0e37008491593f59801e6d5298d]: Sch. 1 para. 3(1) sum confirmed (1.4.2012) by The Social Security Benefits Up-rating Order 2012 (S.I. 2012/780), arts. 1(2)(k), 23(5)

[^key-ebcb7a1724cfbedad3f9b10d3bde9c1f]: Sch. 1 Pt. 4 sums amended and confirmed (1.4.2012) by The Social Security Benefits Up-rating Order 2012 (S.I. 2012/780), arts. 1(2)(k), 23(6), Sch. 12

[^key-8dff6367ca1281d1a5bf77bed34766de]: Sch. 2 para. 9(1) sum confirmed (1.4.2012) by The Social Security Benefits Up-rating Order 2012 (S.I. 2012/780), arts. 1(2)(k), 23(7)

[^key-90a16bc98c48f8f340d1a3b476093696]: Sch. 2 para. 9(3)(c) sum confirmed (1.4.2012) by The Social Security Benefits Up-rating Order 2012 (S.I. 2012/780), arts. 1(2)(k), 23(8)

[^key-7c80634ccca0296e12c87d31b9428bc1]: Words in reg. 2(1) substituted (1.4.2012) by The Social Security (Miscellaneous Amendments) Regulations 2012 (S.I. 2012/757), regs. 1(4), 10(2)

[^key-b37948596bf324547dc3ee36811597f5]: Reg. 19(1)(j)(xvi)(xvia) substituted for reg. 19(1)(j)(xvi) (1.4.2012) by The Social Security (Miscellaneous Amendments) Regulations 2012 (S.I. 2012/757), regs. 1(4), 10(3)

[^key-0ea4274d9485cc87713ebe549c218528]: Words in reg. 21(14)(c) substituted (1.4.2012) by The Social Security (Miscellaneous Amendments) Regulations 2012 (S.I. 2012/757), regs. 1(4), 10(4)(a)

[^key-a9fad44f64aff8038076205e075451e4]: Words in reg. 21(15)(b)(c) substituted (1.4.2012) by The Social Security (Miscellaneous Amendments) Regulations 2012 (S.I. 2012/757), regs. 1(4), 10(4)(b)

[^key-76bfed165288033d59840a95956a450c]: Reg. 25(1)(i)(ia) substituted for reg. 25(1)(i) (1.4.2012) by The Social Security (Miscellaneous Amendments) Regulations 2012 (S.I. 2012/757), regs. 1(4), 10(5)

[^key-50072afd4302280469e565b6956c003b]: Words in reg. 26(2)(d) substituted (1.4.2012) by The Social Security (Miscellaneous Amendments) Regulations 2012 (S.I. 2012/757), regs. 1(4), 10(6)

[^key-f611ac5e8030458752c79b78ed6cc22f]: Sum in Reg. 42(1)(a) substituted (1.4.2012) by The Social Security Benefits Up-rating Order 2012 (S.I. 2012/780), arts. 1(2)(k), 23(3)(a)

[^key-ac2ef77ca53051ac3efef7d476ab3241]: Sum in Reg. 42(1)(b) substituted (1.4.2012) by The Social Security Benefits Up-rating Order 2012 (S.I. 2012/780), arts. 1(2)(k), 23(3)(b)

[^key-96413d2108837286676ac6593ab7f613]: Sum in Reg. 42(2)(a) substituted (1.4.2012) by The Social Security Benefits Up-rating Order 2012 (S.I. 2012/780), arts. 1(2)(k), 23(3)(c)

[^key-a6a32181e81e66cbd468bcd4a2854017]: Sums in Reg. 42(2)(b) substituted (1.4.2012) by The Social Security Benefits Up-rating Order 2012 (S.I. 2012/780), arts. 1(2)(k), 23(3)(d)

[^key-7b47d8735565ae8c420b9e44ff710656]: Sums in Reg. 42(2)(c) substituted (1.4.2012) by The Social Security Benefits Up-rating Order 2012 (S.I. 2012/780), arts. 1(2)(k), 23(3)(e)

[^key-40eee37d17dfa5191202a053c4242405]: Word in reg. 71(3)(b) substituted (1.4.2012) by The Social Security (Recovery) (Amendment) Regulations 2012 (S.I. 2012/645), regs. 1(1), 4(2)

[^key-cecf1f0763be51e3392ccff2e945b9c5]: Words in reg. 74(1) inserted (1.4.2012) by The Social Security (Recovery) (Amendment) Regulations 2012 (S.I. 2012/645), regs. 1(1), 2(3)

[^key-a6f027b90c2fbdd9c878aa64b8508cec]: Sum in Sch. 6 para. 1 substituted (1.4.2012) by The Social Security Benefits Up-rating Order 2012 (S.I. 2012/780), arts. 1(2)(k), 23(9)(a)

[^key-283d00794754c6e023c1f0733fd78006]: Sums in Sch. 6 para. 1 substituted (1.4.2012) by The Social Security Benefits Up-rating Order 2012 (S.I. 2012/780), arts. 1(2)(k), 23(9)(b)

[^key-6aa730845fad031055e2756006d52f2b]: Words in reg. 66(1) substituted (17.4.2012) by The Social Security (Suspension of Payment of Benefits and Miscellaneous Amendments) Regulations 2012 (S.I. 2012/824), regs. 1, 5

[^key-0ccf7789fa0272089e6646dd8b9a8424]: Words in reg. 2(1) omitted (1.5.2012) by virtue of The Young Peoples Learning Agency Abolition (Consequential Amendments to Subordinate Legislation) (England) Order 2012 (S.I. 2012/956), arts. 1, 14

[^key-0cdf72d6ffd70eccc1c9d3ef3a1b9e3d]: Words in reg. 7(4)(d) substituted (1.8.2012) by The Treaty of Lisbon (Changes in Terminology or Numbering) Order 2012 (S.I. 2012/1809), art. 2(1), Sch. Pt. 2 (with art. 2(2))

[^key-e15ffc63bccecc4f01ad05ca56ad70ea]: Reg. 7(4)(bb) inserted (8.11.2012) by The Social Security (Habitual Residence) (Amendment) Regulations 2012 (S.I. 2012/2587), regs. 1, 8(2)

[^key-35ac75d2e851cb9a6c71fb48ec79f72f]: Word in reg. 7(4)(c) omitted (8.11.2012) by virtue of The Social Security (Habitual Residence) (Amendment) Regulations 2012 (S.I. 2012/2587), regs. 1, 8(3)

[^key-4125f5ff419d357ad042bef65e3fcc82]: Reg. 7(4)(e) and word added (8.11.2012) by The Social Security (Habitual Residence) (Amendment) Regulations 2012 (S.I. 2012/2587), regs. 1, 8(4)

[^key-b8001d293628a073e2cc704094c2cfe1]: Words in reg. 2(1) omitted (26.5.2015) by virtue of The Deregulation Act 2015 (Consequential Amendments) Order 2015 (S.I. 2015/971), art. 1(2)(a), Sch. 3 para. 11

[^M_F_978a457c-7938-4ea5-8d9a-c9faf147cd91]: Words in reg. 75(1)(b) substituted (22.4.2011) by The Treaty of Lisbon (Changes in Terminology) Order 2011 (S.I. 2011/1043), arts. 2, 3-6

26B

Any payment made under Part 8A of the Act (entitlement to health in pregnancy grant).

Electronic claims for benefit

53A

A claim for council tax benefit may be made by means of an electronic communication in accordance with Schedule 8.

Date of claim where claim sent or delivered to an office of a designated authority

Time for claiming council tax benefit

Evidence and information

Amendment and withdrawal of claim

Duty to notify changes of circumstances

Notice of changes of circumstances given electronically

59A

• (1) A person may give notice of a change of circumstances required to be notified under regulation 59 by means of an electronic communication in accordance with Schedule 8.

• (2) Where—

• (a) the change of circumstances required to be notified is a death; and

• (b) the authority administering the claimant's council tax benefit agrees with the Secretary of State that notifications may be made in accordance with regulation 59ZA(1) (alternative means of notifying changes of circumstances),

a person may give notice of the change to the Secretary of State by means of an electronic communication in accordance with the provisions set out in Schedule 9ZC to the Social Security (Claims and Payments) Regulations 1987 (electronic communication).

• (3) The provisions set out in that Schedule shall apply for the purposes of paragraph (2) as they apply for the purposes of regulation 32ZA of the Social Security (Claims and Payments) Regulations 1987 (information given electronically).

• (4) The Secretary of State must forward information received in accordance with paragraph (2) to the authority administering the claimant's council tax benefit.

SCHEDULE 8 — Electronic Communication

PART 1 — Introduction

Interpretation

1

In this Schedule “official computer system” means a computer system maintained by or on behalf of the relevant authority or of the Secretary of State for sending, receiving, processing or storing of any claim, certificate, notice, information or evidence.

PART 2 — Electronic Communication – General Provisions

Conditions for the use of electronic communication

2

• (1) The relevant authority may use an electronic communication in connection with claims for, and awards of, benefit under these Regulations.

• (2) A person other than the relevant authority may use an electronic communication in connection with the matters referred to in sub-paragraph (1) if the conditions specified in sub-paragraphs (3) to (6) are satisfied.

• (3) The first condition is that the person is for the time being permitted to use an electronic communication by an authorisation given by means of a direction of the Chief Executive of the relevant authority.

• (4) The second condition is that the person uses an approved method of—

• (a) authenticating the identity of the sender of the communication;

• (b) electronic communication;

• (c) authenticating any claim or notice delivered by means of an electronic communication; and

• (d) subject to sub-paragraph (7), submitting to the relevant authority any claim, certificate, notice, information or evidence.

• (5) The third condition is that any claim, certificate, notice, information or evidence sent by means of an electronic communication is in a form approved for the purposes of this Schedule.

• (6) The fourth condition is that the person maintains such records in written or electronic form as may be specified in a direction given by the Chief Executive of the relevant authority.

• (7) Where the person uses any method other than the method approved of submitting any claim, certificate, notice, information or evidence, that claim, certificate, notice, information or evidence shall be treated as not having been submitted.

• (8) In this paragraph “approved” means approved by means of a direction given by the Chief Executive of the relevant authority for the purposes of this Schedule.

Use of intermediaries

3

The relevant authority may use intermediaries in connection with—

• (a) the delivery of any claim, certificate, notice, information or evidence by means of an electronic communication; and

• (b) the authentication or security of anything transmitted by such means,

and may require other persons to use intermediaries in connection with those matters.

PART 3 — Electronic Communication – Evidential Provisions

Effect of delivering information by means of electronic communication

4

• (1) Any claim, certificate, notice, information or evidence which is delivered by means of an electronic communication shall be treated as having been delivered in the manner or form required by any provision of these Regulations, on the day the conditions imposed—

• (a) by this Schedule; and

• (b) by or under an enactment,

are satisfied.

• (2) The relevant authority may, by a direction, determine that any claim, certificate, notice, information or evidence is to be treated as delivered on a different day (whether earlier or later) from the day provided for in sub-paragraph (1).

• (3) Information shall not be taken to have been delivered to an official computer system by means of an electronic communication unless it is accepted by the system to which it is delivered.

Proof of identity of sender or recipient of information

5

If it is necessary to prove, for the purpose of any legal proceedings, the identity of—

• (a) the sender of any claim, certificate, notice, information or evidence delivered by means of an electronic communication to an official computer system; or

• (b) the recipient of any such claim, certificate, notice, information or evidence delivered by means of an electronic communication from an official computer system,

the sender or recipient, as the case may be, shall be presumed to be the person whose name is recorded as such on that official computer system.

Proof of delivery of information

6

• (1) If it is necessary to prove, for the purpose of any legal proceedings, that the use of an electronic communication has resulted in the delivery of any claim, certificate, notice, information or evidence this shall be presumed to have been the case where—

• (a) any such claim, certificate, notice, information or evidence has been delivered to the relevant authority, if the delivery of that claim, certificate, notice, information or evidence has been recorded on an official computer system; or

• (b) any such claim, certificate, notice, information or evidence has been delivered by the relevant authority, if the delivery of that certificate, notice, information or evidence has been recorded on an official computer system.

• (2) If it is necessary to prove, for the purpose of any legal proceedings, that the use of an electronic communication has resulted in the delivery of any such claim, certificate, notice, information or evidence, this shall be presumed not to be the case, if that claim, certificate, notice, information or evidence delivered to the relevant authority has not been recorded on an official computer system.

• (3) If it is necessary to prove, for the purpose of any legal proceedings, when any such claim, certificate, notice, information or evidence sent by means of an electronic communication has been received, the time and date of receipt shall be presumed to be that recorded on an official computer system.

Proof of content of information

7

If it is necessary to prove, for the purpose of any legal proceedings, the content of any claim, certificate, notice, information or evidence sent by means of an electronic communication, the content shall be presumed to be that recorded on an official computer system.

Verifying information

77A

A relevant authority may verify relevant information supplied to, or obtained by, the authority in accordance with regulation 77.

Recording and holding information

Forwarding of information

Request for information

25

Where the claimant, or the person who was the partner of the claimant on 31st March 2003, was entitled on that date to income support or an income-based jobseeker’s allowance but ceased to be so entitled on or before 5th April 2003 by virtue only of regulation 13 of the Housing Benefit (General) Amendment (No 3) Regulations 1999 as in force at that date, the whole of his income.

26A

• (1) Subject to sub-paragraph (2), where a claimant satisfies the conditions in section 131(3) and (6) of the Act (entitlement to alternative maximum council tax benefit), the whole of his capital.

• (2) Sub-paragraph (1) does not apply, where in addition to satisfying the conditions in section 131(3) and (6) of the Act the claimant also satisfies the conditions in section 131(4) and (5) of the Act (entitlement to the maximum council tax benefit).

Supply of benefit administration information between authorities

83

• (1) For the purpose of section 122E(3) of the Administration Act (supply of information between authorities administering benefit) the circumstances in which information is to be supplied and the information to be supplied are set out in paragraph (2).

• (2) Where the functions of an authority (“Authority A”) relating to council tax benefit are being exercised, wholly or in part, by another authority (“Authority B”)—

• (a) Authority A must supply to Authority B any benefit administration information it holds which is relevant to, and necessary for, Authority B to exercise those functions; and

• (b) Authority B must supply to Authority A any benefit administration information it holds which is relevant to, and necessary for, Authority A to exercise those functions.

• (3) The circumstances in which paragraph (2) applies include cases where the authorities have agreed to discharge functions jointly.

• (4) In paragraph (2), “Authority A” and “Authority B” include any person authorised to exercise functions relating to council tax benefit on behalf of the authority in question.

• (5) This regulation shall not apply if the person or authority to whom the information is to be supplied agrees that the information need not be supplied.

Amount payable during extended payment period when an extended payment is payable pursuant to regulation 60 or 61 of the Council Tax Benefit Regulations

Extended Payments (qualifying contributory benefits)

Duration of extended payment period (qualifying contributory benefits)

44A

• (1) Where a claimant is entitled to an extended payment (qualifying contributory benefits), the extended payment period starts on the first day of the benefit week immediately following the benefit week in which the claimant, or the claimant’s partner, ceased to be entitled to a qualifying contributory benefit.

• (2) For the purpose of paragraph (1), a claimant or a claimant’s partner ceases to be entitled to a qualifying contributory benefit on the day immediately following the last day of entitlement to that benefit.

• (3) The extended payment period ends—

• (a) at the end of a period of four weeks; or

• (b) on the date on which the claimant to whom the extended payment (qualifying contributory benefits) is payable has no liability for council tax, if that occurs first.

Amount of extended payment (qualifying contributory benefits)

44B

• (1) For any week during the extended payment period the amount of the extended payment (qualifying contributory benefits) payable to a claimant shall be the higher of—

• (a) the amount of council tax benefit to which the claimant was entitled under the general conditions of entitlement in the last benefit week before the claimant or the claimant’s partner ceased to be entitled to a qualifying contributory benefit;

• (b) the amount of council tax benefit to which the claimant would be entitled under the general conditions of entitlement for any benefit week during the extended payment period, if regulation 44 (extended payments (qualifying contributory benefits)) did not apply to the claimant; or

• (c) the amount of council tax benefit to which the claimant’s partner would be entitled under the general conditions of entitlement, if regulation 44 did not apply to the claimant.

• (2) Paragraph (1) does not apply in the case of a mover.

• (3) Where a claimant is in receipt of an extended payment (qualifying contributory benefits) under this regulation and the claimant’s partner makes a claim for council tax benefit, no amount of council tax benefit shall be payable by the appropriate authority during the extended payment period.

Extended payments (qualifying contributory benefits) – movers

44C

• (1) This regulation applies—

• (a) to a mover; and

• (b) from the Monday following the day of the move.

• (2) The amount of the extended payment (qualifying contributory benefit) payable from the Monday from which this regulation applies until the end of the extended payment period shall be the amount of council tax benefit which was payable to the mover for the last benefit week before the mover, or the mover’s partner, ceased to be entitled to a qualifying contributory benefit.

• (3) Where a mover’s liability to pay council tax in respect of the new dwelling is to the second authority, the extended payment (qualifying contributory benefits) may take the form of a payment from the appropriate authority to—

• (a) the second authority; or

• (b) the mover directly.

• (4) Where—

• (a) a mover, or the mover’s partner, makes a claim for council tax benefit to the second authority after the mover, or the mover’s partner, ceased to be entitled to a qualifying contributory benefit; and

• (b) the mover, or the mover’s partner, is in receipt of an extended payment (qualifying contributory benefits) from the appropriate authority,

the second authority shall reduce the weekly amount of council tax benefit that the mover, or the mover’s partner, is entitled to by a sum equal to the amount of the extended payment (qualifying contributory benefits) until the end of the extended payment period.

Relationship between extended payment (qualifying contributory benefits) and entitlement to council tax benefit under the general conditions of entitlement

44D

• (1) Where a claimant’s council tax benefit award would have ended when the claimant ceased to be entitled to a qualifying contributory benefit in the circumstances listed in regulation 44(1)(b), that award will not cease until the end of the extended payment period.

• (2) Part 6 (period of entitlement, changes of circumstances and increases for exceptional circumstances) shall not apply to any extended payment (qualifying contributory benefits) payable in accordance with regulation 44B(1)(a) or regulation 44C(2) (amount of extended payment – movers).

Continuing payments where state pension credit claimed

Alternative maximum council tax benefit

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

...

25A

Any arrears of supplementary pension which is disregarded under paragraph 4 of Schedule 3 (amounts to be disregarded in the calculation of income other than earnings) or of any amount which is disregarded under paragraph 5 or 6 of that Schedule.

26C

Where a person elects to be entitled to a lump sum under Schedule 5 or 5A to the Contributions and Benefits Act 1992 or under Schedule 1 to the Graduated Retirement Benefit Regulations, or is treated as having made such an election, and a payment has been made pursuant to that election, an amount equal to—

• (a) except where sub-paragraph (b) applies, the amount of any payment or payments made on account of that lump sum;

• (b) the amount of that lump sum,

but only for so long as that person does not change that election in favour of an increase of pension or benefit.

5A

• (1) Where—

• (a) the claimant (or if the claimant is a member of a couple, at least one member of that couple) is a person to whom sub-paragraph (5) applies;

• (b) the Secretary of State is satisfied that that person is undertaking exempt work as defined in sub-paragraph (6); and

• (c) regulation 16 does not apply,

the amount specified in sub-paragraph (7) (“the specified amount”).

• (2) Where this paragraph applies, paragraphs 1 to 5 and 7 do not apply; but in any case where the claimant is a lone parent, and the specified amount would be less than the amount specified in paragraph 2, then paragraph 2 applies instead of this paragraph.

• (3) Notwithstanding regulation 13 (calculation of income and capital of members claimant’s family and of a polygamous marriage), if sub-paragraph (1) applies to one member of a couple (“A”) it shall not apply to the other member of that couple (“B”) except to the extent provided in sub-paragraph (4).

• (4) Where A’s earnings are less than the specified amount, there shall also be disregarded so much of B’s earnings as would not when aggregated with A’s earnings exceed the specified amount; but the amount of B’s earnings which may be disregarded under this sub-paragraph is limited to a maximum of £20 unless the Secretary of State is satisfied that B is also undertaking exempt work.

• (5) This sub-paragraph applies to a person who is—

• (a) in receipt of a contributory employment and support allowance;

• (b) in receipt of incapacity benefit;

• (c) in receipt of severe disablement allowance; or

• (d) being credited with earnings on the grounds of incapacity for work or limited capability for work under regulation 8B of the Social Security (Credits) Regulations 1975.

• (6) “Exempt work” means work of the kind described in—

• (a) regulation 45(2), (3) or (4) of the Employment and Support Allowance Regulations; or (as the case may be)

• (b) regulation 17(2), (3) or (4) of the Social Security (Incapacity for Work) (General) Regulations 1995,

and, in determining for the purposes of this paragraph whether a claimant or a member of a couple is undertaking any type of exempt work, it is immaterial whether that person or their partner is also undertaking other work.

• (7) The specified amount is the amount of money from time to time mentioned in any provision referred to in sub-paragraph (6) by virtue of which the work referred to in sub-paragraph (1) is exempt (or, where more than one such provision is relevant and those provisions mention different amounts of money, the highest of those amounts).

Alternative means of notifying changes of circumstances

59ZA

• (1) In such cases and subject to such conditions as the Secretary of State may specify, the duty in regulation 59(1) to notify a change of circumstances may be discharged by notifying the Secretary of State—

• (a) where the change of circumstances is a birth or death, through a relevant authority, or a county council in England, by personal attendance at an office specified by that authority or county council, provided the Secretary of State has agreed with that authority or county council for it to facilitate such notification; or

• (b) where the change of circumstances is a death, by telephone to a telephone number specified for that purpose by the Secretary of State.

• (2) Paragraph (1) only applies if the authority administering the claimant’s council tax benefit agrees with the Secretary of State that notifications may be made in accordance with that paragraph.

• (3) The Secretary of State must forward information received in accordance with paragraph (1) to the authority administering the claimant’s council tax benefit.

Notice of changes of circumstances given electronically

26D

Any payments made by virtue of regulations made under—

• (a) section 57 of the Health and Social Care Act 2001 (direct payments);

• (b) section 12B of the Social Work (Scotland) Act 1968 (direct payments in respect of community care services); or

• (c) sections 12A to 12C of the National Health Service Act 2006 (direct payments for health care).