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The Housing Benefit and Council Tax Benefit (Decisions and Appeals) Regulations 2001

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This is the original version (as it was originally made).

Effective date for late notification of change of circumstances

9.—(1) For the purposes of making a decision under paragraph 4 of Schedule 7 to the Act a longer period of time may be allowed for the notification of a change of circumstances in so far as it affects the effective date of the change where the conditions specified in the following provisions of this regulation are satisfied.

(2) An application for the purposes of paragraph (1) shall—

(a)include particulars of the change of circumstances and the reasons for the failure to notify the change of circumstances on an earlier date; and

(b)be made within 13 months of the date on which the change occurred.

(3) An application for the purposes of paragraph (1) shall not be granted unless the appropriate relevant authority is satisfied that—

(a)it is reasonable to grant the application;

(b)the change of circumstances notified by the applicant is relevant to the decision which is to be superseded; and

(c)special circumstances are relevant and as a result of those special circumstances it was not practicable for the applicant to notify the change of circumstances within one month of the change occurring.

(4) In determining whether it is reasonable to grant the application, the appropriate relevant authority shall have regard to the principle that the greater the amount of time that has elapsed between the date one month after the change of circumstances occurred and the date the application for a superseding decision is made, the more compelling should be the special circumstances on which the application is based.

(5) In determining whether it is reasonable to grant an application, no account shall be taken of the following—

(a)that the applicant was unaware of, or misunderstood, the law applicable to his case (including ignorance or misunderstanding of the time limits imposed by these Regulations); or

(b)that a Commissioner or a court has taken a different view of the law from that previously understood and applied.

(6) An application under this regulation which has been refused may not be renewed.

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