The Housing Benefit and Council Tax Benefit (Consequential Provisions) Regulations 2006

Refugees – council tax benefit

3.—(1) After regulation 7 of both the Council Tax Benefit Regulations and the Council Tax Benefit (State Pension Credit) Regulations, insert—

“Entitlement of a refugee to council tax benefit

7A.   Where a person, who has made a claim for asylum, is notified that he has been recorded by the Secretary of State as a refugee, these Regulations shall have effect with respect to his entitlement to council tax benefit for the relevant period which applies in his case in accordance with Schedule A1 (treatment of claims for council tax benefit by refugees) but subject to the provisions of that Schedule.”.

(2) Before Schedule 1 to both the Council Tax Benefit Regulations and the Council Tax Benefit (State Pension Credit) Regulations, insert, subject to sub-paragraph (3)—

Regulation 7A

“SCHEDULE A1 Treatment of claims for council tax benefit by refugees

Claim for council tax benefit by a refugee

1.— (1) Where a person (in this Schedule called “the claimant”), who has made a claim for asylum—

(a) is subsequently notified by the Secretary of State that he has been recorded as a refugee; and

(b) claims council tax benefit—

(i) within the period specified in paragraph 2(4); and

(ii) in respect of one or more periods from the date of his claim for asylum to the date he is so notified,

his claim for council tax shall be treated as having been made on the dates specified in sub-paragraph (2).

(2) A claim for council tax benefit to which sub-paragraph (1) refers shall be treated as made on the date on which his claim for asylum was recorded by the Secretary of State as having been made.

(3) In this Schedule “the relevant period” means the period or any part of the period from the date on which the claim for benefit is treated as made, in accordance with subparagraph (2), to the date the claimant concerned is notified by the Secretary of State that he has been recorded as a refugee, for which council tax benefit is claimed in accordance with this paragraph.

Relevant authority to whom a claim for council tax benefit by a refugee shall be made and time for making a claim

2.— (1) A claim for council tax benefit made by a refugee on or after 3rd April 2000 for the relevant period may be made to the relevant authority for the area where the dwelling in which the claimant occupied as his home was situate and in respect of which he was liable for council tax.

(2) Where the claimant has occupied more than one dwelling as his home in the relevant period, only one claim for council tax benefit shall be made in respect of that period and such a claim shall be made to the authority for the area in which the dwelling occupied by the refugee is situate and in respect of which he was liable to make payment when, after he is notified that he has been recorded by the Secretary of State as a refugee, he makes a claim for council tax benefit.

(3) The relevant authority to which a claim for council tax benefit is made in accordance with this paragraph, shall determine the claimant's entitlement to that benefit for the whole of the relevant period.

(4) A claim for council tax benefit, to which his paragraph refers, shall be made within 28 days of a claimant receiving notification from the Secretary of State that he has been recorded as a refugee.

Applicable amounts

3.   With respect to a claim for council tax benefit under this Schedule, the applicable amounts for the purposes of Part 3 of these Regulations shall be the aggregate of any personal allowance and premium which would have been applicable in the claimant's case in the relevant period at the rates for each tax year to which the claim relates set by an Order made under section 150 of the Administration Act (annual up-rating of benefits).

Evidence and information.

4   —(1) A claimant who makes a claim for council tax benefit for the relevant period shall furnish such certificates, documents, information and evidence in connection with the claim, or evidence needed for the determination of the claim or any questions arising in connection with the claim, as may be reasonably required by the relevant authority in order to determine that person's entitlement to that benefit and which are in his possession or which he may reasonably be expected to obtain.

(2) The relevant authority may require information to be provided by the landlord of any dwelling in respect of which a claim for council tax benefit arises under this Schedule, in particular as to the period for which the claimant resided in the dwelling during the relevant period.

(3) Where the claimant is unable to furnish the necessary evidence to substantiate his claim, the authority shall determine the claim on the basis of the evidence that is produced including any statements made by the claimant himself and any information provided by a landlord of any dwelling in respect of which the claim under this Schedule arises or by any other person.

(4) Where the claimant has resided in the areas of two or more local authorities in Great Britain in the relevant period, the relevant authority to which the claim for council tax benefit is made may require such other authority in whose area the claimant has resided, to provide such information as the relevant authority may reasonably require in connection with the exercise of its functions under regulation 7A and this Schedule and that other authority shall provide the necessary information within 14 days of receiving the request for the information concerned or such longer period as is reasonable in that case.

Change of circumstances

5.   With respect to claims for council tax benefit to which paragraph 1 above applies, for paragraph (1) of regulation 74 (duty to notify changes of circumstances) there shall be substituted the following paragraph—

“(1) Upon claiming council tax benefit in accordance with Schedule A1 (treatment of clams for council tax benefit by refugees) a claimant, or any person by whom or on whose behalf sums payable by way of council tax benefit are receivable, shall provide the relevant authority to whom the claim is made with information concerning any change of circumstances which occurred during the period to which the claim relates which the claimant or that other person might reasonably expect to affect the claimant's right to the amount of benefit.”.

Calculation of amount of council tax benefit

6.   The appropriate maximum council tax benefit, or alternative maximum council tax benefit to which a claimant is entitled under regulation 7A and this Schedule shall be calculated on a daily basis in accordance with Part 6 as it had effect for the relevant period.

Payments

7.   Where it is determined that the claimant is entitled to council tax benefit in accordance with regulation 7A and this Schedule, the amount due shall be paid or allowed within 14 days of the date of that determination in accordance with regulation 77 (time and manner of granting council tax benefit).

(2) The relevant authority in respect of a claim to which this Schedule applies is made, shall be solely responsible for paying or allowing any council tax benefit to which the claimant is entitled for the relevant period.

(3) Subject to paragraph (4), where council tax is outstanding from the claimant to the relevant authority referred to in sub-paragraph (2), in respect of any part of the relevant period, that council tax shall be offset against any council tax benefit to which the claimant is entitled under this Schedule and only the balance remaining, (if any), shall be paid to the claimant.

(4) Where council tax is outstanding from the claimant to an authority other than the relevant authority referred to in sub-paragraph (2) in respect of any part of the relevant period, council tax benefit due under this Schedule in respect of any such a part shall be paid to the authority concerned for the discharge of the council tax due.

Offsets

8.   Any council tax benefit which has otherwise been paid or allowed to the claimant or any partner of his in respect of any part of the relevant period, shall be offset against any award due to the claimant by virtue of regulation 7A and this Schedule, except to the extent that the benefit paid or allowed to that partner was due in respect of a period for which he was not a partner of the claimant.

Matters to be included in the decision notice

9.   Parts 1 to 6 of Schedule 8 to these Regulations (matters to be included in the decision notice) shall apply with respect to claims made in accordance with regulation 8.”.

(3) In its application to the Council Tax Benefit (State Pension Credit) Regulations, Schedule A1 shall have effect as if—

(a) for the reference to “regulation 74” in paragraph 5, there were substituted a reference to “ regulation 59 ”;

(b) for the reference to “Part 6” in paragraph 6, there were substituted a reference to “ Part 5 ”;

(c) for the reference to “regulation 77” in paragraph 7(1), there were substituted a reference to “ regulation 62 ”; and

(d) for the reference to “Schedule 8” in paragraph 9, there were substituted a reference to “ Schedule 7 ”.

(4) For paragraph 37 of Schedule 4 to the Council Tax Benefit Regulations, substitute—

“37.   Any housing benefit, including any amount of housing benefit to which a person is entitled by virtue of [F1 regulation 10A] of the Housing Benefit Regulations 2006 M1 .”.

(5) After paragraph 56 of Schedule 4 to the Council Tax Benefit Regulations, insert—

“56A.   Any council tax benefit to which the claimant is entitled including any amount of council tax benefit to which a person is entitled by virtue of regulation 7A of the Council Tax Benefit Regulations (entitlement of a refugee to council tax benefit).

56B.   Any amount of income support to which a person is entitled by virtue of regulation 21ZB of the Income Support Regulations M2 (treatment of refugees).”.

(6) After paragraph 53 of Schedule 5 to the Council Tax Benefit Regulations, insert—

“53A.   Any amount of council tax benefit to which a person is entitled by virtue of regulation 7A (entitlement of a refugee to council tax benefit) but only for a period of 52 weeks from the date that such an amount is received pursuant to that regulation.

53B.   Any amount of income support to which a person is entitled by virtue of regulation 21ZB of the Income Support Regulations M3 (treatment of refugees) but only for a period of 52 weeks from the date that such an amount is received pursuant to that regulation.”.

Textual Amendments

F1 Words in Sch. 4 para. 3(4) substituted (19.5.2008) by Social Security (Miscellaneous Amendments) (No.2) Regulations 2008 (S.I. 2008/1042), regs. 1(2), 7(5)

Marginal Citations

M1 See the Housing Benefit and Council Tax Benefit (Consequential Provisions) Regulations 2006 (S.I. 2006/217), regulation 7 and Schedule 4, paragraph 2 for regulation 7A and Schedule A1 (claims by refugees).

M2 S.I. 1987/1967; regulation 21ZB was inserted by S.I. 2000/636.

M3 S.I. 1987/1967; regulation 21ZB was inserted by S.I.2000/636.