The Council Tax Benefit and Housing Benefit (Miscellaneous Amendments) Regulations 1996

Regulation 6

SCHEDULE 1

Regulation 4D

“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 that benefit shall be treated as having been made on whichever of the dates specified in sub-paragraph (2) applies in his case.

(2) A claim for council tax benefit to which sub-paragraph (1) refers shall be treated as made —

(a) in the case of a claimant who made a claim for asylum upon arrival in the United Kingdom, on the date on which his claim for asylum was first refused by the Secretary of State or 5th February 1996 if that is later; or

(b) in the case of a claimant whose claim for asylum was made other than on arrival in the United Kingdom, on the date of that claim for asylum or 5th February 1996 if that is later.

(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 sub-paragraph (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.

Appropriate authority to whom a claim for council tax benefit shall be made and time for making a claim

2.— (1) A claim for council tax benefit for the relevant period may be made to the appropriate authority for the area where the dwelling in which the claimant resided was situate and in respect of which he was liable for council tax.

(2) Where the claimant has resided in more than one such dwelling in the relevant period, only one claim for council tax benefit shall be made in respect of that period and shall be made to the appropriate authority for the area in which the dwelling in which he last resided in that period was situate.

(3) The appropriate 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 this paragraph refers, shall be made —

(a) in the case of a claimant who was notified by the Secretary of State in the period from 24th July 1996 to 15th October 1996 that he had been recorded as a refugee, within 28 days of the later date;

(b) in any other case, within 28 days of a claimant being notified by the Secretary of State that he has been recorded as a refugee.

(5) Regulation 62(16) of these Regulations (backdating of claims) shall not have effect with respect to claims to which this Schedule applies.

Applicable amounts

3.   With respect to a claim for council tax benefit under this Schedule, the applicable amounts for the purposes of Part III 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 Social Security Administration Act 1992(1).

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 appropriate 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 appropriate 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 appropriate 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 appropriate authority may reasonably require in connection with the exercise of its functions under regulation 4D 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.

Changes of circumstances

5.   With respect to claims for council tax benefit to which paragraph 1 above applies, for paragraph (1) of regulation 65 (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 claims 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 appropriate 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 and 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 4D and this Schedule shall be calculated on a daily basis in accordance with Part VI as it had effect for the relevant period.

Payments

7.— (1) Where it is determined that the claimant is entitled to council tax benefit in accordance with regulation 4D 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 appropriate 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 appropriate 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 appropriate 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 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 4D 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 notice of determination

9.   Parts I to VI of Schedule 6 to the principal Regulations (matters to be included in notice of determination) shall apply with respect to claims made in accordance with regulation 4D.”.

(1)

1992 c. 5.