The Welfare Reform Act 2012 (Commencement No.8 and Savings and Transitional Provisions) Order 2013

Article 10(1)

SCHEDULE 5 Modifications

PART 1 Modification of the Council Tax Benefit Regulations 2006

1.  The Council Tax Benefit Regulations 2006(1) are modified as follows.

2.  In regulation 69 (time and manner in which claims are to be made)(2)—

(a) in paragraph (1), for “paragraphs (4A) to (4AE)” substitute “paragraph (4A)”;

(b) omit paragraph (3);

(c) in paragraph (4)—

(i) omit sub-paragraphs (a), (c) and (f); and

(ii) in sub-paragraph (b) omit “where it has not been sent or delivered to the appropriate DWP office,”;

(d) omit paragraphs (4AA) to (4AE);

(e) omit paragraph (4BA);

(f) in paragraph (4C)—

(i) for “paragraphs (4A) to (4AE)” substitute “paragraph (4A)”; and

(ii) omit “or the Secretary of State”;

(g) in paragraphs (4E) and (4F) omit “or the Secretary of State”;

(h) in paragraph (5)—

(i) in sub-paragraph (b) omit “or appropriate DWP office”;

(ii) in sub-paragraph (d), for “, an authorised office, county offices or an appropriate DWP office” substitute “or county offices”;

(iii) in sub-paragraph (d) in paragraphs (i) and (ii) omit “, an authorised office or an appropriate DWP office”;

(iv) in sub-paragraph (d)(ii), for “paragraphs (4A) to (4AE)” substitute “paragraph (4A)”; and

(v) in sub-paragraph (e), for “authorised office, county offices or appropriate DWP office” substitute “or county offices”;

(i) in paragraph (6) omit “or appropriate DWP office”;

(j) omit paragraph (7A);

(k) in paragraph (8), for “, (b) or (c)” substitute “or (b)”;

(l) in paragraph (8A)—

(i) at the end of sub-paragraph (b) omit “or”; and

(ii) omit sub-paragraph (c); and

(m) omit paragraph (15).

3.  In regulation 72 (evidence and information)(3)—

(a) in paragraph (1)—

(i) for “paragraphs (1A) and (2)” substitute “paragraph (2)”; and

(ii) omit “, or the Secretary of State requesting him,”; and

(b) omit paragraph (1A).

4.  In regulation 73 (amendment and withdrawal of claim)(4)—

(a) in paragraph (2), for “paragraphs (4A) to (4AE)” substitute “paragraph (4A)”;

(b) omit paragraph (5); and

(c) in paragraph (6) omit “or (5)”.

5.  In regulation 74 (duty to notify changes of circumstances)(5)—

(a) in paragraph (1), for “paragraphs (3), (5) and (7)” substitute “paragraphs (3) and (5)”; and

(b) omit paragraph (7).

PART 2 Modification of the Council Tax Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 2006

1.  The Council Tax Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 2006(6) are modified as follows.

2.  In regulation 53 (time and manner in which claims are to be made)(7)—

(a) in paragraph (1), for “paragraphs (4A) to (4BD)” substitute “paragraph (4A)”;

(b) omit paragraph (3);

(c) in paragraph (4)—

(i) omit sub-paragraphs (a), (c) and (f); and

(ii) in sub-paragraph (b) omit “where it has not been sent or delivered to the appropriate DWP office,”;

(d) omit paragraphs (4B) to (4BD);

(e) omit paragraph (4CA);

(f) in paragraph (4D)—

(i) for “paragraphs (4A) to (4BD)” substitute “paragraph (4A)”; and

(ii) omit “or the Secretary of State”;

(g) omit paragraph (4EA);

(h) in paragraphs (4F) and (4G) omit “or the Secretary of State”;

(i) in paragraph (5)—

(i) in sub-paragraph (b) omit “or appropriate social security office”;

(ii) in sub-paragraph (d), for “, an authorised office, county offices or an appropriate DWP office” substitute “or county offices”;

(iii) in sub-paragraph (d) in paragraphs (i) and (ii) omit “, an authorised office or an appropriate DWP office”;

(iv) in sub-paragraph (d)(ii), for “paragraphs (4A) to (4BD)” substitute “paragraph (4A)”; and

(v) in sub-paragraph (e), for “or authorised office, county offices or appropriate DWP office” substitute “or county offices”;

(j) in paragraph (6) omit “or appropriate DWP office”;

(k) omit paragraph (7A);

(l) in paragraph (8), for “, (b) or (c)” substitute “or (b)”;

(m) in paragraph (8A)—

(i) at the end of sub-paragraph (b) omit “or”; and

(ii) omit sub-paragraph (c); and

(n) omit paragraph (14).

3.  In regulation 57 (evidence and information)(8)—

(a) in paragraph (1)—

(i) for “paragraphs (1A) and (2)” substitute “paragraph (2)”; and

(ii) omit “, or the Secretary of State requesting him,”; and

(b) omit paragraph (1A).

4.  In regulation 58 (amendment and withdrawal of claim)(9)—

(a) in paragraph (2), for “paragraphs (4A) to (4BD)” substitute “paragraph (4A)”;

(b) omit paragraph (5); and

(c) in paragraph (6) omit “or (5)”.

5.  In regulation 59 (duty to notify changes of circumstances)(10)—

(a) in paragraph (1), for “paragraphs (3), (5) to (8) and (10)” substitute “paragraphs (3) and (5) to (8)”; and

(b) omit paragraph (10).

(1)

S.I. 2006/215.

(2)

Relevant amending instruments for regulation 69 are S.I.s 2006/2967, 2008/1082, 2008/2299 and 2008/2987.

(3)

The relevant amending instrument for regulation 72 is S.I. 2008/2987.

(4)

Regulation 73 was substituted by S.I.s 2006/2967, 2007/719 and 2008/2299.

(5)

Regulation 74(7) was added by S.I. 2008/2987.

(6)

S.I. 2006/216.

(7)

Relevant amending instruments for regulation 53 are S.I.s 2006/2967, 2008/1082, 2008/2299 and 2008/2987.

(8)

The relevant amending instrument for regulation 57 is S.I. 2008/2987.

(9)

Relevant amending instruments for regulation 58 are S.I.s 2006/2967, 2007/719 and 2008/2299.

(10)

Regulation 74(10) was added by S.I. 2008/2987.