The Social Security (Claims and Information) Regulations 2007

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

10.—(1) The Council Tax Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 2006(1) are amended as follows.

(2) In regulation 53 (time and manner in which claims are to be made)—

(a) after paragraph (4)(f)(2) add—

“(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”).”;

(b) in paragraph (5)(d) and (e)(3), after “authorised office” in each place insert “, county offices”.

(3) In regulation 76 (interpretation)—

(a) before the definition of “local authority” insert—

““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);”; and

(b) in the definition of “relevant authority” after sub-paragraph (b) add—

“or

(c)

a county council;”.

(4) For regulation 77 (collection of information) substitute—

“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.”.

(5) After regulation 77 insert—

“Verifying information

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

(6) For regulation 78 (recording and holding information) substitute—

“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.”.

(7) In regulation 79 (forwarding of information) for sub-paragraph (b) substitute—

“(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.”.

(1)

S.I. 2006/216.

(2)

Paragraph (4) was amended by S.I. 2006/2967.

(3)

Sub-paragraph (e) was amended by S.I. 2006/2967.