The Council Tax Benefit Regulations 2006

Duty to notify changes of circumstances

74.—(1) Subject to [F1 paragraphs (3) [F2 (5) and (7)]] , 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 F3 ...to the designated office.

[F4 (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 69 (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.]

F5 (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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

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

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

(c) in these Regulations;

(d) in the case of a claimant on income support[F6 , an income-based jobseeker's allowance or an income-related employment and support allowance], in circumstances which affect the amount of income support[F6 , an income-based jobseeker's allowance or an income-related employment and support allowance] but not the amount of council tax benefit to which he is entitled, other than the cessation of that entitlement to income support[F6 , an income-based jobseeker's allowance or an income-related employment and support allowance].

(4) Notwithstanding paragraph (3)(b) or (d) 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 [F7 state pension credit,] income support[F8 , an income-based jobseeker's allowance or an income-related employment and support allowance] the date when this occurs.

F9 (6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F10 (7) Where—

(a) the claimant or the claimant’s partner is in receipt of income support or 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 that change of circumstance either entitlement to that benefit will end or, where the claimant or claimant’s partner is in receipt of a contribution-based jobseeker’s allowance, 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.]

Textual Amendments

F1 Words in reg. 74(1) substituted (1.10.2008) by The Housing Benefit and Council Tax Benefit (Amendment) Regulations 2008 (S.I. 2008/2299), regs. 1, 4(8)(a)

F2 Words in reg. 74(1) substituted (22.12.2008) by The Housing Benefit and Council Tax Benefit (Amendment) (No. 3) Regulations 2008 (S.I. 2008/2987), regs. 1, 4(4)(a)

F3 Words in reg. 74(1) omitted (20.12.2006) by virtue of Housing Benefit and Council Tax Benefit (Amendment) (No.2) Regulations 2006 (S.I. 2006/2967), regs. 1, 4(4)(a)

F4 Reg. 74(1)(a)(b)(c) substituted for reg. 74(1)(a)(b) (1.11.2010) by The Housing Benefit and Council Tax Benefit (Miscellaneous Amendments) Regulations 2010 (S.I. 2010/2449), regs. 1(2), 4(3)

F5 Reg. 74(2) omitted (1.10.2008) by virtue of The Housing Benefit and Council Tax Benefit (Amendment) Regulations 2008 (S.I. 2008/2299), regs. 1, 4(8)(b)

F6 Words in reg. 74(3)(d) substituted (27.10.2008) by The Employment and Support Allowance (Consequential Provisions) Regulations 2008 (S.I. 2008/1082), regs. 1, 57(a)

F7 Words in reg. 74(5) inserted (6.4.2009) by The Social Security (Miscellaneous Amendments) (No.6) Regulations 2008 (S.I. 2008/2767), regs. 1(3), 8(7)

F8 Words in reg. 74(5) substituted (27.10.2008) by The Employment and Support Allowance (Consequential Provisions) Regulations 2008 (S.I. 2008/1082), regs. 1, 57(b)

F9 Reg. 74(6) omitted (1.10.2008) by virtue of The Housing Benefit and Council Tax Benefit (Amendment) Regulations 2008 (S.I. 2008/2299), regs. 1, 4(8)(b)

F10 Reg. 74(7) added (22.12.2008) by The Housing Benefit and Council Tax Benefit (Amendment) (No. 3) Regulations 2008 (S.I. 2008/2987), regs. 1, 4(4)(b)