The Housing Benefit and Council Tax Benefit (Miscellaneous Amendments) (No. 2) Regulations 2004

Amendment of the Council Tax Benefit (General) Regulations 1992

3.—(1) The Council Tax Benefit Regulations shall be amended in accordance with the following paragraphs.

(2) In regulation 2(1) (interpretation), after “polygamous marriage” insert—

““the qualifying age for state pension credit” means (in accordance with section 1(2)(b) and (6) of the State Pension Credit Act)—

(3) In regulation 51 (maximum council tax benefit)—

(a)in paragraph (1)(a), omit “section 11 or 79 of”;

(b)for paragraph (2), substitute—

“(2) In calculating a person’s maximum council tax benefit any reduction in the amount that a person is liable to pay in respect of council tax, which is made in consequence of any enactment in, or made under, the 1992 Act, shall be taken into account.”.

(4) In regulation 56 (date on which entitlement is to begin)—

(a)in paragraph (1), for “paragraph (2)” substitute “paragraphs (2) to (4),”;

(b)after paragraph (2), add—

“(3) Subject to paragraph (4), where regulation 62BA (time for claiming council tax benefit) applies, any person by whom or in respect of whom a claim for council tax benefit is made and is otherwise entitled to that benefit shall be entitled to that benefit from the benefit week following the first day in respect of which that claim is made.

(4) Where regulation 62BA applies, a claimant who is otherwise entitled to council tax benefit and becomes liable, for the first time, for a relevant authority’s council tax in respect of the dwelling of which he is a resident in the benefit week in which the first day in respect of which his claim was made falls, shall be so entitled from that benefit week.”.

(5) After regulation 62B (date of claim where claim sent or delivered to an office of a designated authority)(1), insert—

“Time for claiming council tax benefit

62BA.—(1) This regulation applies to persons to whom regulation 12 of the Housing Benefit and Council Tax Benefit (State Pension Credit) Regulations 2003(2) (council tax benefit regulations) applies.

(2) Where this regulation applies, the prescribed time for claiming council tax benefit is as regards any day on which, apart from satisfying the condition of making a claim, the claimant is entitled to council tax benefit, that day and the period of twelve months immediately following it.”.