The Housing Benefit and Council Tax Benefit (Amendment) (No. 2) Regulations 2006

Amendment of the Housing Benefit Regulations 2006

2.—(1) The Housing Benefit Regulations 2006(1) are amended as follows.

(2) In regulation 83 (time and manner in which claims are to be made)—

(a) in paragraph (1) before “Every claim” insert “Subject to paragraph (4A),”;

(b) in paragraph (4) after “claim”, the first time it appears, insert “in writing”; and

(c) after paragraph (4) insert—

“(4A) Where the relevant authority has published a telephone number for the purpose of receiving claims for housing benefit, a claim may be made by telephone to that telephone number.

(4B) 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.

(4C) A claim made by telephone in accordance with paragraph (4A) is defective unless the relevant authority is provided during that telephone call with all the information it requires to determine the claim.

(4D) Where a claim made by telephone in accordance with paragraph (4A) is defective, the relevant authority is to provide the person making it with an opportunity to correct the defect.

(4E) 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.”.

(3) In regulation 87 (amendment and withdrawal of claim) after “designated office” insert “, except where the claim was made by telephone in accordance with regulation 83(4A) where the amendment may be made by telephone,”.

(4) In regulation 88(1) (duty to notify changes of circumstances)—

(a) omit “in writing”; and

(b) after “to the designated office” add—

“(a) in writing or, where the relevant authority has published a telephone number for the purposes of regulation 83 (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.”.

(1)

S.I. 2006/213.