The Housing Benefit, Supply of Information and Council Tax Benefit (Amendment) Regulations 1996

Insertion of regulation 53A of the Council Tax Benefit Regulations

10.  After regulation 53 of the Council Tax Benefit Regulations there shall be inserted a new regulation 53A—

“Extended payments

53A.—(1) Subject to paragraph (2), in a case where—

(a)a person was entitled to council tax benefit and the benefit period comes to an end either—

(i)in accordance with regulation 58(a), or

(ii)in accordance with regulation 58(c) on the ground that the claimant has vacated the dwelling of which he was a resident, in a case where the conditions specified in paragraph (3) are satisfied; and

(b)the person claims benefit under this regulation and the claim is in writing—

(i)on a properly completed form approved for the purpose by the appropriate authority; and

(ii)signed by him; and

(c)the additional conditions specified in Part I of Schedule 5A are satisfied in his case,

then that person’s council tax benefit shall be determined in accordance with Part II of that Schedule and any award so determined shall be referred to in these Regulations as an “extended payment”.

(2) For the purposes of any payment pursuant to this regulation—

(a)except in the case of a mover, the maximum council tax benefit of any person mentioned in paragraph (1) shall be that which was applicable to the award of council tax benefit to him referred to in sub-paragraph (1)(a);

(b)the maximum council tax benefit of a mover shall be determined in accordance with sub-paragraph 6(a) of Schedule 5A; and

(c)any person who meets the requirements of paragraph (1) shall be treated as possessing no income and no capital,

and in this paragraph “mover” has the meaning assigned to it in paragraph 8 of Schedule 5A.

(3) The conditions specified in this paragraph are that the claimant vacated the dwelling and that the day on which he did so was in the week in which he or his partner took up employment as an employed or self-employed earner or in the preceding week.

(4) Regulations 61, 62 and 63 (claims, evidence and information) shall not apply to a claim pursuant to this regulation and, subject to regulation 51(6), Part VII (benefit periods, changes of circumstances and increases for exceptional circumstances) shall not apply to any payment under it.

(5) In a case where benefit has been allowed under this regulation—

(a)the beneficiary shall be treated, for the purposes of these Regulations, as though he were entitled to and in receipt of council tax benefit during the 4 weeks immediately following the end of the relevant benefit period; and

(b)any claim for council tax benefit made within that 4 week period or the 4 weeks thereafter, shall be deemed to be within the period of 4 weeks specified in regulation 62(14) (claim following the end of a benefit period).”.