[F196.—(1) This regulation applies for the purposes of section 128A of the Administration Act (duty of an authority to disclose information to another authority).
(2) Information is to be disclosed by one authority to another where—
(a)there is a mover who is or was allowed council tax benefit by appropriate Authority “A”;
(b)the mover is liable to pay council tax in respect of the new dwelling to Authority “B”; and
(c)the mover is entitled to an extended payment in accordance with regulation 60.
(3) Authority A shall disclose to Authority B—
(a)the amount of the extended payment calculated in accordance with regulation 60C(2) (amount of extended payment – movers);
(b)the date that entitlement to the extended payment will commence or has commenced;
(c)the date that entitlement to the extended payment ceased or will cease;
(d)the date of the move from Authority A to Authority B;
(e)where the extended payment will be paid by Authority A to Authority B in accordance with regulation 60C(3)(a) (payment of the extended payment to the second authority)—
(i)the amount that Authority A will pay to Authority B in accordance with that paragraph; and
(ii)any other information required by Authority B to enable Authority A to make the payment in accordance with that paragraph; and
(f)if any deduction was being made in respect of a recoverable overpayment.
(4) Authority B shall disclose to Authority A—
(a)if a mover’s liability to pay council tax for the new dwelling is to Authority B; and
(b)where the extended payment will be paid by Authority A to Authority B in accordance with regulation 60C(3)(a)—
(i)any information required by Authority A to enable Authority A to make the payment in accordance with that paragraph; and
(ii)the date on which Authority B receives any such payment.]
Textual Amendments
97.—(1) This regulation applies for the purposes of section 122E(3) of the Administration Act (duty of an authority to supply information to another authority).
(2) Information is to be disclosed by one authority to another where—
(a)there is a mover who is or was allowed council tax benefit by appropriate Authority “A”;
(b)the mover is liable to pay council tax in respect of the new dwelling to Authority “B”; and
(c)the mover is entitled to an extended payment (qualifying contributory benefits) in accordance with regulation 61.
(3) Authority A shall disclose to Authority B—
(a)the amount of the extended payment calculated in accordance with regulation 61C(2) (amount of extended payment – movers);
(b)the date that entitlement to the extended payment will commence or has commenced;
(c)the date that entitlement to the extended payment ceased or will cease;
(d)the date of the move from Authority A to Authority B;
(e)where the extended payment will be paid by Authority A to Authority B in accordance with regulation 61C(3)(a) (payment of the extended payment to the second authority)—
(i)the amount that Authority A will pay to Authority B in accordance with that paragraph; and
(ii)any other information required by Authority B to enable Authority A to make the payment required in accordance with that paragraph; and
(f)if any deduction was being made in respect of a recoverable overpayment.
(4) Authority B shall disclose to Authority A—
(a)if a mover’s liability to pay council tax for the new dwelling is to Authority B; and
(b)where the extended payment will be paid by Authority A to Authority B in accordance with regulation 61C(3)(a)—
(i)any information required by Authority A in order to enable Authority A to make the payment in accordance with that paragraph; and
(ii)the date on which Authority B receives any such payment.]
Textual Amendments
98.—(1) For the purpose of section 122E(3) of the Administration Act (supply of information between authorities administering benefit) the circumstances in which information is to be supplied and the information to be supplied are set out in paragraph (2).
(2) Where the functions of an authority (“Authority A”) relating to council tax benefit are being exercised, wholly or in part, by another authority (“Authority B”)—
(a)Authority A must supply to Authority B any benefit administration information it holds which is relevant to, and necessary for, Authority B to exercise those functions; and
(b)Authority B must supply to Authority A any benefit administration information it holds which is relevant to, and necessary for, Authority A to exercise those functions.
(3) The circumstances in which paragraph (2) applies include cases where the authorities have agreed to discharge functions jointly.
(4) In paragraph (2), “Authority A” and “Authority B” include any person authorised to exercise functions relating to council tax benefit on behalf of the authority in question.
(5) This regulation shall not apply if the person or authority to whom the information is to be supplied agrees that the information need not be supplied.]
Textual Amendments
F3 Heading and reg. 98 inserted (1.10.2008) by The Housing Benefit and Council Tax Benefit (Amendment) Regulations 2008 (S.I. 2008/2299), regs. 1, 4(9)