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

Duty to notify changes of circumstances

59.—(1) Subject to paragraphs (3), (5) to (8) [F1 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 F2 ... to the designated office.

[F3 (a) in writing; or]

[F3 (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]

[F3 (c) by any other means which the relevant authority agrees to accept in any particular case.]

F4 (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 [F5 state pension credit,] income support[F6 , an income-based jobseeker's allowance or an income-related employment and support allowance] the date when this occurs.

F7 (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;

F8 (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).

[F9 (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.]

Textual Amendments

F1 Words in reg. 59(1) inserted (22.12.2008) by The Housing Benefit and Council Tax Benefit (Amendment) (No. 3) Regulations 2008 (S.I. 2008/2987), regs. 1, 5(4)(a)

F2 Words 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)

F3 Reg. 59(1)(a)(b)(c) substituted for reg. 59(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), 5(5)

F4 Reg. 59(2) omitted (1.10.2008) by virtue of Housing Benefit and Council Tax Benefit (Amendment) Regulations 2008 (S.I. 2008/2299), regs. 1, 5(8)

F5 Words in reg. 59(5) inserted (17.11.2008) by The Social Security (Miscellaneous Amendments) (No.6) Regulations 2008 (S.I. 2008/2767), regs. 1(2), 9(6)

F6 Words in reg. 59(5) substituted (27.10.2008) by The Employment and Support Allowance (Consequential Provisions) Regulations 2008 (S.I. 2008/1082), regs. 1, 76

F7 Reg. 59(6) omitted (1.10.2008) by virtue of Housing Benefit and Council Tax Benefit (Amendment) Regulations 2008 (S.I. 2008/2299), regs. 1, 5(8)

F8 Reg. 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)

F9 Reg. 59(10) added (22.12.2008) by The Housing Benefit and Council Tax Benefit (Amendment) (No. 3) Regulations 2008 (S.I. 2008/2987), regs. 1, 5(4)(b)