PART 4Procedural Matters
CHAPTER 3Effective Date
Date on which entitlement is to begin33.
(1)
Subject to paragraph (2), where a person—
(a)
makes, or is treated as making, an application, and
(b)
fulfils the conditions of entitlement to council tax reduction in regulation 13 or 14,
that person is entitled to council tax reduction from the first Monday after the date on which the application is made or treated as made.
(2)
Where, a person—
(a)
becomes liable for the first time for council tax in respect of a dwelling in which the person resides,
(b)
makes, or is treated as making, an application in the reduction week in which the person first becomes liable for council tax in respect of that dwelling, and
(c)
fulfils the conditions of entitlement to council tax reduction in regulation 13 or 14,
that person is entitled to council tax reduction from the day on which the person first becomes liable for council tax.
Date on which a change of circumstances is to take effect34.
F1A1
Subject to paragraph (8), this regulation applies only where a change of circumstances occurs in the case of an applicant who does not have an award of universal credit.
(1)
Subject to the provisions of this regulation, for the purpose of calculating entitlement to council tax reduction a change of circumstances which affects entitlement to council tax reduction is to take effect from the first day of the reduction week starting immediately after the date on which the change actually occurs, and where that change is cessation of entitlement to any benefit under the benefit Acts, the date on which the change actually occurs is the day immediately following the last day of entitlement to that benefit.
(2)
Where the change of circumstances is a change in the amount—
(a)
of any benefit a person receives under the benefit Acts and the rate of that benefit is altered with effect from a date on or after 1 April in a year, but not later than 15 April in a year, the relevant authority may treat the person as possessing that benefit at the altered rate from 1 April or from the first Monday in April in that year,
F2(b)
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(3)
Subject to paragraph (4), where the change of circumstances is a change in the amount of council tax payable, it takes effect from the day on which it actually occurs.
(4)
(5)
Where the change of circumstances is an amendment to these Regulations, it takes effect from the date on which the amendment to these Regulations comes into force.
(6)
Where the change of circumstances is the applicant’s acquisition of a partner, it takes effect on the day on which the acquisition takes place.
(7)
Where the change of circumstances is the applicant’s separation from a partner, it takes effect on the day on which the separation takes place.
(8)
Where the change of circumstances is the death of an applicant’s partner and at the date of that death neither the applicant nor the applicant’s partner had any award of universal credit, F3... the change of circumstances takes effect on the date of that death.
F4(9)
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(10)
If two or more changes of circumstances occurring in the same reduction week would, but for this paragraph, take effect in different reduction weeks in accordance with paragraphs (1) to F5(8) they take effect from the day to which the appropriate paragraph from (2) to F5(8) refers, or, where more than one day is concerned, from the earlier day.
(11)
(12)
Without prejudice to paragraph (8), where the change of circumstances is the payment of income or arrears of income in respect of a past period, it takes effect from the first day on which the income, had it been timeously paid in that period at intervals appropriate to that income, would have been taken into account for the purposes of these Regulations.
(13)
Where the change of circumstances is that—
(a)
a conversion decision within the meaning of regulation 5(2)(a) of the Employment and Support Allowance (Existing Awards) Regulations has been made in relation to the applicant or the applicant’s partner, or
(b)
it takes effect, where the conversion decision takes effect on or after 1 April in any year but before 16 April of that year, from 1 April and in any other case from the day the conversion decision takes effect.
F6Changes of circumstances in cases involving an award of universal credit34A
(1)
Subject to paragraph (9), this regulation applies only where a change of circumstance occurs in the case of an applicant who has an award of universal credit.
(2)
Subject to paragraphs F7(3) to (12), for the purpose of calculating entitlement to council tax reduction a change of circumstances which affects entitlement to council tax reduction is to take effect—
(a)
where the change is a cessation of entitlement to universal credit, from the first day immediately following the day on which entitlement ceased,
(b)
where the Secretary of State has notified of a change of circumstances relevant to the universal credit F8award, from the first Monday of the assessment period in which the change is applied.
(3)
Where a local authority becomes aware of a change relevant to the F9award of universal credit, and also relevant to the administration of its local council tax reduction scheme, before the change is notified by the Secretary of State, the local authority may elect to apply the change—
(a)
from the date on which the change actually occurs, where the change relates to the joining, or leaving, of a household by the partner of an applicant,
(b)
for any other change not falling within sub-paragraph (a), from the first Monday immediately following the day on which the change actually occurred.
(4)
Where the local authority becomes aware of a change of circumstances which is relevant to the administration of its local council tax reduction scheme, but is not relevant to the F10award of universal credit, the change takes effect from the first Monday immediately following the date on which the change occurs.
(5)
Where the change of circumstances is an amendment to these Regulations, the change takes effect from the date on which the amendment to these Regulations comes into force.
(6)
Subject to paragraph (7), where the change of circumstances is a change in the amount of council tax payable, the change takes effect from the day on which the change in amount actually occurs.
(7)
Where the change of circumstances is a change in the amount a person is liable to pay in respect of council tax in consequence of Regulations made under section 80 of the Act or changes in the discount to which a dwelling may be subject under section 79 of the Act, the change takes effect from the day on which the change in amount has effect.
(8)
Where the change of circumstances is the death of an applicant’s partner and at the date of that death the partners jointly had an award of universal credit, the change takes effect on the last day on which the applicant’s partner is treated as if they had not died for the purpose of entitlement to universal credit in accordance with regulation 37(a) (run-on after a death) of the 2013 Regulations.
(9)
Where the change of circumstances is the death of an applicant’s partner and at the date of that death either the applicant or the applicant’s partner had an award of universal credit but it was not to the partners jointly, the change of circumstances takes effect on the date of that death.
(10)
Where as a result of a change of circumstances leading to an alteration of an award of a benefit payable under the Benefits Acts or the Social Security (Scotland) Act 2018, there is awarded a premium described in paragraph F11(11), the change of circumstances takes effect from the beginning of the first day of the reduction week starting immediately after the day on which the change of circumstances actually occurs.
(11)
The premiums referred to in paragraph (10) are—
F12(a)
the disabled child premium and the enhanced disability premium payable in accordance with paragraph 4, 4A, 4C or 4D of schedule 1,
(b)
the disability premium payable in accordance with paragraphs 11 and 12 of schedule 1,
(c)
the severe disability premium payable in accordance with paragraph 13 of schedule 1,
(d)
the enhanced disability premium payable in accordance with paragraph 14 of schedule 1.
F13(12)
Where the change is that the condition in section 5(1)(b) or (2)(b) of the 2012 Act (condition that the claimant’s income, or joint claimants’ combined income, is such that the amount payable would not be less than the prescribed minimum) is not met, but the Secretary of State treats the claimant as making a claim under regulation 32A(2) of the Universal Credit, Personal Independence Payment, Jobseeker’s Allowance and Employment and Support Allowance (Claims and Payments) Regulations 2013 (reclaims of universal credit after nil awards due to earnings), the change is disregarded for as long as the Secretary of State treats the claimant as such.