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

SECTION 2 Information between authorities etc.

Information to be supplied by an authority to another authority

[F1 81.— (1) This regulation applies for the purposes of section 128A of the Administration Act M1 (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 of the Council Tax Benefit Regulations 2006.

(3) Authority A shall disclose to Authority B—

(a) the amount of the extended payment calculated in accordance with regulation 60C(2) of the Council Tax Benefit Regulations 2006 (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) of the Council Tax Benefit Regulations 2006 (payment of the extended payment to 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) of the Council Tax Benefit Regulations 2006—

(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

F1 Reg. 81 82 substituted (6.10.2008) by The Housing Benefit and Council Tax Benefit (Extended Payments) Amendment Regulations 2008 (S.I. 2008/959), regs. 1(1), 10(3)

Marginal Citations

M1 Inserted by the Jobseekers Act 1995 (c. 18), section 28(2)

Supply of information: extended payments (severe disablement allowance and incapacity benefit)

[F1 82.— (1) This regulation applies for the purposes of section 122E(3) of the Administration Act M2 (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 44 of these Regulations or regulation 61 of the Council Tax Benefit Regulations 2006.

(3) Authority A shall disclose to Authority B—

(a) the amount of the extended payment calculated in accordance with regulation 44C(2) of these Regulations or regulation 61C(2) of the Council Tax Benefit Regulations 2006 (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 44C(3)(a) of these Regulations or regulation 61C(3)(a) of the Council Tax Benefit Regulations 2006 (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 44C(3)(a) of these Regulations or regulation 61C(3)(a) of the Council Tax Benefit Regulations 2006—

(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

F1 Reg. 81 82 substituted (6.10.2008) by The Housing Benefit and Council Tax Benefit (Extended Payments) Amendment Regulations 2008 (S.I. 2008/959), regs. 1(1), 10(3)

Marginal Citations

M2 Inserted by the Social Security Administration (Fraud) Act 1997 (c. 47), section 3 and modified by the Welfare Reform and Pensions Act 1999 (c. 30), section 80 and Schedule 8, paragraph 34.

[F2 Supply of benefit administration information between authorities

83.— (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

F2 Reg. 83 inserted (1.10.2008) by Housing Benefit and Council Tax Benefit (Amendment) Regulations 2008 (S.I. 2008/2299), regs. 1, 5(9)