The Housing Benefit and Council Tax Benefit (Supply of Information) Amendment Regulations 2004

• Citation: S.I. 2004/574
• Sections: 3

Section 1 Citation and commencement

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 2004 .

Section 2 Amendment of the Council Tax Benefit (General) Regulations 1992

In the Council Tax Benefit (General) Regulations 1992 (information to be supplied by an authority to another authority) after regulation 95 insert 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) there is a mover who is or was allowed council tax benefit by appropriate authority “A”;

(b) who is liable to pay council tax in respect of his second dwelling to authority “B”; and

(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) 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 56B or regulation 53ZB(1)(b)(i) to (iii) , 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) 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) and 52 , 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) , 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 5B .

Section 3 Amendment of the Housing Benefit (Supply of Information) Regulations 1998

In the Housing Benefit (Supply of Information) Regulations 1998 (information to be supplied by an authority to another authority) after regulation 5 insert 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) there is a mover who is or was in receipt of housing benefit from a local authority “A”;

(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) 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) 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 65B or regulation 62ZB(1)(b)(i) to (iii) of the Housing Benefit Regulations, as the case may be; and

(ii) the matters notified pursuant to regulation 62ZB(1)(a)(ii) or (b)(iv) of the Housing Benefit Regulations, as the case may be; and

(iii) the date it was so claimed; and

(b) in any case—

(i) the weekly rate of housing benefit awarded to the mover by authority A;

(ii) if any deduction was being made from that benefit in respect of non-dependants, pursuant to regulations 61(1) and 63 of the Housing Benefit Regulations, the amount of those deductions;

(iii) if any deduction was being made from that benefit in respect of a recoverable overpayment pursuant to regulation 102 of the Housing Benefit Regulations, the amount of those deductions;

(iv) the date on which his entitlement to housing benefit ceased;

(v) if an extended payment (severe disablement allowance and incapacity benefit) was made to the mover, the amount and date of any such payment; and

(vi) if no extended payment (severe disablement allowance and incapacity benefit) was made, why none was made.

(4) In this regulation “extended payment (severe disablement allowance and incapacity benefit)” has the meaning assigned to it by regulation 2(1) of the Housing Benefit Regulations and “mover” and “second dwelling” shall have the meanings assigned to them in paragraph 10 of Schedule 5B to those Regulations.