The Housing Benefit and Council Tax Benefit (Supply of Information) Amendment Regulations 2004
| Jurisdiction | UK Non-devolved |
| Citation | SI 2004/574 |
| Year | 2004 |
2004 No. 574
SOCIAL SECURITY
The Housing Benefit and Council Tax Benefit (Supply of Information) Amendment Regulations 2004
Made 3rd March 2004
Laid before Parliament 10th March 2004
Coming into force in accordance with regulation 1
The Secretary of State, in exercise of the powers conferred upon him by sections 122E(3), 189(1), (4) and (5) and 191 of the Social Security Administration Act 19921, and of all other powers enabling him in that behalf, after agreement by the Social Security Advisory Committee that proposals in respect of these Regulations should not be referred to it2and after consultation with organisations appearing to him to be representative of the authorities concerned3, hereby makes the following Regulations:
Citation and commencement
1. These Regulations may be cited as the Housing Benefit and Council Tax Benefit (Supply of Information) Amendment Regulations 2004 and shall come into force on 5th April 2004 immediately following the coming into force of the Housing Benefit and Council Tax Benefit (Extended Payments (Severe Disablement Allowance and Incapacity Benefit)) Amendment Regulations 20044.
Amendment of the Council Tax Benefit (General) Regulations 1992
2. In the Council Tax Benefit (General) Regulations 1992 (information to be supplied by an authority to another authority)5after regulation 956insert the following regulation—
“Supply of information: extended payments (severe disablement allowance and incapacity benefit)
96.—(1) For the purposes of section 122E(3) of the Administration Act (duty of an authority to supply information to another authority) the circumstances in which information is to be supplied are prescribed in paragraph (2) and the information prescribed by this regulation is described in paragraph (3).
(2) The circumstances prescribed in this paragraph are, where—
(a)
(a) there is a mover who is or was allowed council tax benefit by appropriate authority “A”;
(b)
(b) who is liable to pay council tax in respect of his second dwelling to authority “B”; and
(c)
(c) either—
(i) the extended payment (severe disablement allowance and incapacity benefit) is claimed from authority A; or
(ii) the extended payment (severe disablement allowance and incapacity benefit) is claimed from authority B, who then requests the information described in paragraph (3) from authority A,
authority A shall supply to authority B that information.
(3) The information to be supplied is—
(a)
(a) in a case where that extended payment (severe disablement allowance and incapacity benefit) was claimed from authority A, details relevant to that claim of—
(i) the matters set out in regulation 56B7or regulation 53ZB(1)(b)(i) to (iii)8, as the case may be; and
(ii) the matters notified pursuant to regulation 53ZB(1)(a)(ii) or (b)(iv), as the case may be; and
(iii) the date it was so claimed; and
(b)
(b) in any case—
(i) the weekly rate of council tax benefit allowed to the mover by authority A;
(ii) if any deduction was being made from that benefit in respect of non-dependants, pursuant to regulations 51(1)9and 5210, the amount of those deductions;
(iii) if any addition was being made to any amount payable in respect of council tax to recover recoverable excess benefit pursuant to regulation 87(2)(b)11, the amount of those additions;
(iv) the date on which his entitlement to council tax benefit ceased;
(v) if an extended payment (severe disablement allowance and incapacity benefit) was allowed to the mover, the amount and date of any such payment; and
(vi) if no extended payment (severe disablement allowance and incapacity benefit) was allowed, why none was allowed.
(4) In this regulation “mover” and “second dwelling” shall have the meanings assigned to them in paragraph 7 of Schedule 5B12.”.
Amendment of the Housing Benefit (Supply of Information) Regulations 1998
3. In the Housing Benefit (Supply of Information) Regulations 199813(information to be supplied by an authority to another authority) after regulation 514insert the following regulation—
“Supply of information: extended payments (severe disablement allowance or incapacity benefit)
6.—(1) For the purposes of section 122E(3) of the Social Security Administration Act 1992 (duty of an authority to supply information to another authority) the circumstances in which information is to be supplied are prescribed in paragraph (2) and the information prescribed by this regulation is described in paragraph (3).
(2) The circumstances prescribed in this paragraph are, where—
(a)
(a) there is a mover who is or was in receipt of housing benefit from a local authority “A”;
(b)
(b) either his second dwelling is within the area of another local authority “B” or he is liable or treated as liable to make payments in respect of his second dwelling to housing authority B; and
(c)
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