The Housing Benefit and Council Tax Benefit (Miscellaneous Amendments) Regulations 2010

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

5.—(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 11(3)(c) for “Adoption Agencies Regulations 1983” substitute “Adoption and Children Act 2002”.

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

(a) in paragraph (1ZA) at the beginning insert “Subject to paragraph (1ZB),”; and

(b) after paragraph (1ZA) insert—

“(1ZB) In any case where paragraph (5)(a) applies, paragraph (1ZA) does not entitle a claimant to claim council tax benefit in respect of any day earlier than 3 months before the date on which the claim for state pension credit is made (or treated as made by virtue of any provision of the Social Security (Claims and Payments) Regulations 1987).”.

(4) Omit regulation 56 (time for claiming council tax benefit).

(5) In regulation 59(1) (duty to notify changes of circumstances) for sub-paragraphs (a) and (b) substitute—

“(a) in writing; or

(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

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

(6) In regulation 61(2) (notification of decisions) after “notification of a decision may” insert “, within one month of the date of the notification of that decision (or, if the decision was notified before 1st November 2010, before 1st December 2010),”.

(7) In Schedule 1 (applicable amounts), in Part 2 (family premium) for paragraph 3(2)(2) substitute—

“(2) The amount specified in sub-paragraph (1) shall be increased by £10.50 where the claimant or the claimant’s partner is in receipt of child tax credit and the family element includes the amount in regulation 7(3)(a) of the Child Tax Credit Regulations 2002.”.

(1)

S.I. 2006/216.

(2)

Paragraph 3 was amended by S.I. 2010/793.