PART 4Procedural Matters
CHAPTER 3Effective Date
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.