Amendment of the Council Tax Benefit Regulations 20064
1
The Council Tax Benefit Regulations 200617 are amended as follows.
2
In regulation 69 (time and manner in which claims are to be made) for paragraph (14) substitute—
14
Where a claimant (“C”)—
a
makes a claim which includes (or which C subsequently requests should include) a period before the claim is made; and
b
from a day in that period, up to the date when C made the claim (or subsequently requested that the claim should include a past period), C had continuous good cause for failing to make a claim (or request that the claim should include that period),
the claim is to be treated as made on the date determined in accordance with paragraph (14A).
14A
That date is the latest of—
a
the first day from which C had continuous good cause;
b
the day 6 months before the date the claim was made;
c
the day 6 months before the date when C requested that the claim should include a past period.
3
In regulation 74(1) (duty to notify changes of circumstances) for sub-paragraphs (a) and (b) substitute—
a
in writing; or
b
by telephone—
i
where the relevant authority has published a telephone number for that purpose or for the purposes of regulation 69 (time and manner in which claims are to be made) unless the authority determines that in any particular case or class of case notification may not be given by telephone; or
ii
in any case or class of case where the relevant authority determines that notice may be given by telephone; or
c
by any other means which the relevant authority agrees to accept in any particular case.
4
In regulation 76(2) (notification of decisions) after “notification of a decision may” insert “, within one month of the date of the notification of that decision (or, if the decision was notified before 1st November 2010, before 1st December 2010),”.
5
In Schedule 118 (applicable amounts)—
a
in Part 2 (family premium) for paragraph 3(2) substitute—
2
The amounts specified in sub-paragraph (1)(a) and (b) shall be increased by £10.50 where the claimant or the claimant’s partner is in receipt of child tax credit and the family element includes the amount in regulation 7(3)(a) of the Child Tax Credit Regulations 2002.
b
in Part 4 (amounts of premiums specified in Part 3) in paragraph 20(9) in Column 1 omit “where the conditions in paragraph 15 are satisfied”.
6
In Schedule 3 (sums to be disregarded in the calculation of earnings), in paragraph 16(3)19 for “paragraphs 3 to 10” substitute “paragraphs 3 to 10A”.
7
In Schedule 4 (sums to be disregarded in the calculation of income other than earnings)—
a
renumber as paragraph 48A the paragraph 8A inserted by regulation 8(6)(d) of the Social Security (Miscellaneous Amendments) (No. 4) Regulations 200920; and
b
in paragraph 26—
i
in sub-paragraph (1) omit “to the extent specified in sub-paragraph (3)”; and
ii
omit sub-paragraph (3).