The Council Tax Benefit (General) Regulations 1992 No. 1814

SCHEDULE 6 MATTERS TO BE INCLUDED IN THE NOTICE OF DETERMINATION

PART VI AWARDS WHERE ALTERNATIVE MAXIMUM COUNCIL TAX BENEFIT IS PAYABLE IN RESPECT OF A DAY

13.  Where a person is awarded council tax benefit determined in accordance with regulation 54 and Schedule 2 (alternative maximum council tax benefit) the notice of determination shall include a statement as to—

(a) the normal weekly amount of council tax, which amount may be rounded to the nearest penny;

(b) the normal weekly amount of the alternative maximum council tax benefit, which amount may be rounded to the nearest penny;

(c) the gross income or incomes and the rate of benefit which apply under Schedule 2;

(d) the first day of entitlement to benefit;

(e) the date on which the benefit period will end if it is not terminated earlier;

(f) the gross income of any second adult used to determine the rate of the alternative maximum council tax benefit or if any such adult is on income support;

(g) the claimant’s duty to notify any change of circumstances which might affect his entitlement to, or the amount of the alternative maximum council tax benefit and, without prejudice to the extent of the duty owed under regulation 65 (duty to notify changes of circumstances) the kind of change of circumstances which are to be notified, either upon the notice or by reference to some other document available to the claimant free of charge on application,

and in any case where the amount to which sub-paragraph (a) or (b) refers disregards fractions of a penny, the notice shall include a statement to that effect.

Notice where no award of alternative maximum council tax benefit is made

14.  Where a person is not awarded council tax benefit in accordance with regulation 54 and Schedule 2 (alternative maximum council tax benefit)—

(a) on the grounds that the gross income or as the case may be the aggregate gross incomes, of any second adult or adults in the claimant’s dwelling is too high, the notice of determination shall include a statement as to the matters set out in paragraphs 13(a), (c) and (f);

(b) on the grounds that the appropriate maximum council tax benefit is higher than the alternative maximum council tax benefit, the matters set out in paragraph 15 below;

(c) for any reason not referred to in sub-paragraphs (a) and (b), the notice of determination shall include a statement as to why no award has been made.

Notice where council tax benefit is awarded and section 131(9) of the Contributions and Benefits Act 1992(1) applies

15.  Where the amount of a claimant’s council tax benefit in respect of a day, is the greater of the appropriate maximum council tax benefit and the alternative maximum council tax benefit in his case the notice shall in addition to the matters set out in paragraphs 9, 10 or 13, as the case may be, include a statement as to—

(a) the amount of whichever is the lesser of the appropriate maximum council tax benefit or the alternative maximum council tax benefit in his case, which amount may be rounded to the nearest penny; and

(b) that this amount has not been awarded in consequence of the award of council tax benefit at a higher rate,

and in any case where the amount to which sub-paragraph (a) refers disregards fractions of a penny, the notice shall include a statement to that effect.

(1)

Section 131 of the Contributions and Benefits Act 1992 as it applies to council tax benefit was substituted by the Local Government Finance Act 1992 (c. 14) Schedule 9 paragraph 4.