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

Duty to notify changes of circumstances

This section has no associated Explanatory Memorandum

59.—(1) Subject to paragraphs (3), (5) to (8), if at any time between the making of a claim and a decision being made on it, or during the award of council tax benefit, there is a change of circumstances which the claimant or any person by whom or on whose behalf sums payable by way of council tax benefit are receivable might reasonably be expected to know might affect the claimant's right to, the amount of, or the receipt of council tax benefit, that person shall be under a duty to notify that change of circumstances by giving notice F1... to the designated office.

[F2(a)in writing or, where the relevant authority has published a telephone number for the purposes of regulation 53 (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.]

(2) In the case of a claimant who sent or delivered his claim to a gateway office in accordance with regulation 54 (date of claim where claim sent or delivered to a gateway office), a change of circumstances may be reported in writing to that office, or to any other gateway office that was notified to him on or with his claim form.

(3) The duty imposed on a person by paragraph (1) does not extend to notifying changes in—

(a)the amount of a council tax payable to the relevant authority;

(b)the age of the claimant or that of any member of his family;

(c)in these Regulations.

(4) Notwithstanding paragraph (3)(b) a claimant shall be required by paragraph (1) to notify the designated office of any change in the composition of his family arising from the fact that a person who was a member of his family is now no longer such a person because he ceases to be a child or young person.

(5) Where the amount of a claimant's council tax benefit is the alternative maximum council tax benefit in his case, the claimant shall be under a duty to give written notice to the designated office of changes which occur in the number of adults in the dwelling or in their total gross incomes which might reasonably be expected to change his entitlement to that council tax benefit and where any such adult ceases to be in receipt of income support or an income-based jobseeker's allowance the date when this occurs.

(6) Where a person resides in a postcode district identified in Part 1 or 2 of Schedule 2 to the Social Security (Claims and Information) Regulations 1999 M1, he may notify the change of circumstances to any office of a designated authority displaying the ONE logo.

(7) A person entitled to council tax benefit who is also on state pension credit must report—

(a)changes affecting the residence or income of any non-dependant normally residing with the claimant or with whom the claimant normally resides;

(b)any absence from the dwelling which exceeds or is likely to exceed 13 weeks.

(8) In addition to the changes required to be reported under paragraph (7), a person whose state pension credit comprises only a savings credit must also report—

(a)changes affecting a child living with him which may result in a change in the amount of council tax benefit allowed in his case, but not changes in the age of the child;

F3(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(c)any change in the amount of the claimant's capital to be taken into account which does or may take the amount of his capital to more than £16,000;

(d)any change in the income or capital of—

(i)a non-dependant whose income and capital are treated as belonging to the claimant in accordance with regulation 14 (circumstances in which income of a non-dependant is to be treated as claimant's); or

(ii)a person to whom regulation 17(4)(e) refers,

and whether such a person or, as the case may be, non-dependant stops living or begins or resumes living with the claimant.

(9) A person who is entitled to council tax benefit and on state pension credit need only report to the designated office the changes specified in paragraphs (7) and (8).

Textual Amendments

F3Reg. 59(8)(b) omitted by SI 2005/2502 reg. 3(9) (as amended) (6.3.2006) by virtue of The Housing Benefit and Council Tax Benefit (Consequential Provisions) Regulations 2006 (S.I. 2006/217), reg. 1(1), Sch. 2 para. 27(26) (with regs. 2, 3, Sch. 3, Sch. 4)

Marginal Citations