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 receiver 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 M1 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 M2 or the Enduring Powers of Attorney Act 1985 M3 or otherwise,
that receiver, 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 M4 (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) In its application to regulation 55, references in this regulation to a “relevant authority” shall be read as including a reference to the “designated authority”.
Modifications etc. (not altering text)
C1Reg. 52(2)-(6) applied by SI 1999/1495 reg. 33(3) (as amended) (6.3.2006) by The Housing Benefit and Council Tax Benefit (Consequential Provisions) Regulations 2006 (S.I. 2006/217), reg. 1(1), Sch. 2 para. 15 (with regs. 2, 3, Sch. 3, 4)
Marginal Citations
M4S.I. 1987/1967; relevant amending instruments are S.I. 1991/2741 and 2005/337; regulation 33 modified by the Adults with Incapacity (Scotland) Act 2000 asp 4, section 88(2) and Schedule 5, paragraph 1.
53.—[F1(1ZA) 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 twelve months immediately following it.]
(1) [F2Subject to paragraph (4A) and (4B),] 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 [F3in 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 or a jobseeker's 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 or a jobseeker's 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)may, in the case of a claimant who has attained the age of 16 but not the age of 60 and is not engaged in remunerative work, be sent or delivered to a gateway office;
(e)may be sent or delivered where the claimant has attained the age of 16 but not the age of 60 to an office or designated authority displaying the ONE logo;
(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.
[F4(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) A person who is making a claim for state pension credit in accordance with regulation 4D(6A) of the Social Security (Claims and Payments) Regulations 1987 may make his claim for council tax benefit to the Secretary of State.
(4C) The relevant authority may determine, in any particular case, that a claim made by telephone 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 or the Secretary of State.
(4D) A claim made by telephone in accordance with paragraph (4A) or (4B) is defective unless the relevant authority or the Secretary of State, as the case may be, is provided during that telephone call with all the information the relevant authority requires to determine the claim.
(4E) Where a claim made by telephone in accordance with paragraph (4A) or (4B) is defective, the relevant authority is to provide the person making it with an opportunity to correct the defect.
(4F) If the person corrects the defect within one month, or such longer period as the relevant authority considers reasonable, of the date it last drew attention to it, the relevant authority shall treat the claim as if it had been duly made in the first instance.]
(5) Subject to paragraph (12), and to regulation 54 (date of claim where claim sent or delivered to a gateway office) 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 or an appropriate DWP office within one month of the date on which a claim form was issued following the claimant first notifying, by whatever means, a designated office, an authorised office or an appropriate DWP office of his intention of making a claim, the date of first notification; and
(e)in any other case, the date on which the claim is received at the designated office [F5or authorised office or appropriate DWP office].
(6) Where a claim received at the designated 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 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.
(8) The relevant authority shall treat a defective claim as if it had been validly made in the first instance if—
(a)where paragraph (7)(a) 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) 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 within such longer period as the relevant authority may consider 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.
[F6(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.
[F7(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.]
(13) Where the claimant makes a claim in respect of a past period (a “claim for backdating”) and, from a day in that period up to the date of the claim for backdating, he had continuous good cause for his failure to make a claim, his claim in respect of that period shall be treated as made on—
(a)the first day from which he had continuous good cause; or
(b)the day 52 weeks before the date of the claim for backdating,
whichever fell later.
(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.
Textual Amendments
F1Reg. 53(1ZA) inserted (20.12.2006) by Housing Benefit and Council Tax Benefit (Amendment) (No.2) Regulations 2006 (S.I. 2006/2967), regs. 1, 5(2)(a)
F2Words in reg. 53(1) inserted (20.12.2006) by Housing Benefit and Council Tax Benefit (Amendment) (No.2) Regulations 2006 (S.I. 2006/2967), regs. 1, 5(2)(b)
F3Words in reg. 53(4) inserted (20.12.2006) by Housing Benefit and Council Tax Benefit (Amendment) (No.2) Regulations 2006 (S.I. 2006/2967), regs. 1, 5(2)(c)
F4Reg. 53(4A)-(4F) inserted (20.12.2006) by Housing Benefit and Council Tax Benefit (Amendment) (No.2) Regulations 2006 (S.I. 2006/2967), regs. 1, 5(2)(d)
F5Words in reg. 53(5)(e) added (20.12.2006) by Housing Benefit and Council Tax Benefit (Amendment) (No.2) Regulations 2006 (S.I. 2006/2967), regs. 1, 5(2)(e)
F6Reg. 53(10) substituted (23.5.2007) by Social Security, Housing Benefit and Council Tax Benefit (Miscellaneous Amendments) Regulations 2007 (S.I. 2007/1331), regs. 1, 6(a)
F7Reg. 53(12) substituted (23.5.2007) by Social Security, Housing Benefit and Council Tax Benefit (Miscellaneous Amendments) Regulations 2007 (S.I. 2007/1331), regs. 1, 6(b)
53A. A claim for council tax benefit may be made by means of an electronic communication in accordance with Schedule 8.]
Textual Amendments
F8 Reg. 53A and heading inserted (20.12.2006) by Housing Benefit and Council Tax Benefit (Electronic Communications) Order 2006 (S.I. 2006/2968), arts. 1, 5(3)
54.—(1) Subject to paragraphs (10), (11) and (12) of regulation 53 (time and manner in which claims are to be made), and with the exception of those claims to which paragraph (3) of this regulation refers, where a claim for council tax benefit has been sent or delivered to a gateway office in accordance with sub-paragraph (d) of paragraph (4) of regulation 53, the date on which that claim is made shall be—
(a)in a case where the claimant or his partner—
(i)claimed income support or a jobseeker's allowance; but
(ii)has no entitlement to income support or an income-based jobseeker's allowance,
the first date on which notification is deemed to be given in accordance with paragraph (2), but if that notification is by any means other than a claim which meets the requirements of regulation 53(1) such a claim must be received at a gateway office within one month of that notification;
(b)in a case where neither the claimant nor his partner is a person on income support or entitled to an income-based jobseeker's allowance, the first date on which notification is deemed to be given in accordance with paragraph (2), but if that notification is by any means other than a claim which meets the requirements of regulation 53(1) such a claim must be received at the gateway office within one month of that notification; or
(c)in any other case, the date on which the claim for council tax benefit is received at the gateway office.
(2) A notification of intention to make a claim is deemed to be given on the date on which notification from the claimant of his intention to claim council tax benefit is received in whatever form at a gateway office.
(3) This regulation does not apply to claims which are made at an office of a designated authority in accordance with regulation 53(4)(e).
55.—(1) Where a claim for council tax benefit has been sent or delivered to an office of a designated authority in accordance with regulation 53(4)(e), the date on which the claim is made shall be—
(a)except where paragraph (b) applies, the date the claim is received at an office of the designated authority; or
(b)where in the one month before the claim is received in an office of a designated authority, the person making the claim or a person acting on his behalf had notified an office of a designated authority of his intention to make such a claim, the date the notification was given.
(2) A notification of intention to make a claim is deemed to be given on the date on which notification of the intention to claim council tax benefit is received, in whatever form, from the claimant, or the person acting on his behalf, at an office of a designated authority.
(3) Paragraph (2) applies where neither income support nor a jobseeker's allowance is claimed in conjunction with council tax benefit.
(4) Where the person claiming council tax benefit in accordance with regulation 53(4)(e), or the partner of that person has claimed income support or income-based jobseeker's allowance but no award of that benefit has been made, the date on which the claim for council tax benefit is made shall be determined as if sub-paragraphs (a) and (c) of paragraph (1) of regulation 54 applied to that claim as they apply to claims under regulation 53(4)(d).
56. The prescribed time for claiming council tax benefit is as regards any day on which, apart from satisfying the condition for making the claim, the claimant is entitled to council tax benefit, that day and the period of 12 months immediately following it.
57.—(1) Subject to paragraph (2) and to paragraph 4 of Schedule A1 M5 (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 being required to do so or such longer period as the relevant authority may consider reasonable.
(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 the Trusts, the Fund, the Eileen Trust, the Skipton Fund 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 Funds;
(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 Funds.
(5) Where a claimant or a person to whom council tax benefit has been awarded or any partner is aged not less than 60 and is a member of, or a person deriving entitlement to a pension under, a personal pension scheme, or is a party to, or a person deriving entitlement to a pension under, a retirement annuity contract, 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 or retirement annuity contract to be identified.
(6) Where the pension fund holder receives from a relevant authority a request for details concerning a personal pension scheme or retirement annuity contract 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, or a retirement annuity contract, 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.
Marginal Citations
M5See the Housing Benefit and Council Tax Benefit (Consequential Provisions) Regulations 2006 (S.I. 2006/217), regulation 7 and Schedule 4, paragraph 3 for Regulation 7A and Schedule A1 (claims by refugees)
[F958.—(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, except where the claim was made by telephone in accordance with regulation 53(4A) where the amendment may be made by telephone, and any claim so amended shall be treated as if it had been amended in the first instance.
(2) 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, and any such notice of withdrawal shall have effect when it is received.]
Textual Amendments
F9Reg. 58 substituted (2.4.2007) by Social Security (Miscellaneous Amendments) Regulations 2007 (S.I. 2007/719), regs. 1(2), 9(2)
59.—(1) Subject to paragraphs (3), (5) to (8), 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 F10... to the designated office.
[F11(a)in writing or, where the relevant authority has published a telephone number for the purposes of regulation 53 (time and manner in which claims are to be made), by telephone unless the authority determines, in any particular case, that notice must be in writing or may be given otherwise than in writing or by telephone; or
(b)in writing if in any class of case the relevant authority requires written notice unless the authority determines, in any particular case, that notice may be given otherwise than in writing.]
(2) In the case of a claimant who sent or delivered his claim to a gateway office in accordance with regulation 54 (date of claim where claim sent or delivered to a gateway office), a change of circumstances may be reported in writing to that office, or to any other gateway office that was notified to him on or with his claim form.
(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 income support or an income-based jobseeker's allowance the date when this occurs.
(6) Where a person resides in a postcode district identified in Part 1 or 2 of Schedule 2 to the Social Security (Claims and Information) Regulations 1999 M6, he may notify the change of circumstances to any office of a designated authority displaying the ONE logo.
(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;
F12(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).
Textual Amendments
F10Words in reg. 59(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, 5(4)(a)
F11Reg. 59(1)(a)(b) added (20.12.2006) by Housing Benefit and Council Tax Benefit (Amendment) (No.2) Regulations 2006 (S.I. 2006/2967), regs. 1, 5(4)(b)
F12Reg. 59(8)(b) omitted by SI 2005/2502 reg. 3(9) (as amended) (6.3.2006) by virtue of The Housing Benefit and Council Tax Benefit (Consequential Provisions) Regulations 2006 (S.I. 2006/217), reg. 1(1), Sch. 2 para. 27(26) (with regs. 2, 3, Sch. 3, Sch. 4)
Marginal Citations
59A. 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.]
Textual Amendments
F13 Reg. 59A and heading inserted (20.12.2006) by Housing Benefit and Council Tax Benefit (Electronic Communications) Order 2006 (S.I. 2006/2968), arts. 1, 5(4)