Regulation 56 Date on which change of circumstances is to take effectI1
England, Wales and Scotland
Except in cases where regulation 17 (disregard of changes in tax, contributions, etc) applies and subject to paragraphs (2) to (4), a change of circumstances which affects entitlement to, or the amount of, community charge benefit (“change of circumstances”), shall take effect from the first day of the benefit week following the date on which the change actually occurs, and where that change is cessation of entitlement to any benefit under the benefit Acts, the date on which the change actually occurs shall be the day immediately following the last day of entitlement to that benefit.
Where the change of circumstances is a change in the amount of a personal community charge or collective community charge contributions payable, it shall take effect from the day on which it actually occurs.
Where the change is a change in the amount a person is liable to pay in respect of a personal community charge in consequence of regulations under section 13A of the 1988 Act or section 9A of the 1987 Act it shall take effect from the day on which the change in amount has effect.
Where the change of circumstances is an amendment to these Regulations, it shall take effect from the date on which the amendment to these Regulations comes into force.
If the change of circumstances is any of the changes to which regulation 60(4) refers, the change of circumstances shall take effect —
where the notification of the change is given to one of the offices referred to in regulation 60(5)(b) in the benefit week in which the change occurs, on the day on which the change occurs; or
where the notification of the change is given later than the benefit week in which the change —
with respect to the claimant occurred, on the first day of the benefit week following the day on which the change occurred, and
with respect to the claimant’s partner occurred, on the first day of the next benefit week which follows the day on which the notification is given.
Where the change of circumstances is the death of a claimant’s partner it shall take effect on the day on which the death occurs.
Where—
the change of circumstances is the separation of the claimant and his partner, and
during the benefit week in which the separation occurs the partner ceases to be liable for the appropriate authority’s personal community charge or for a collective community charge in that authority’s area,
the change shall take effect on the day on which the partner ceases to be so liable.
If two or more changes of circumstances occurring in the same benefit week would, but for this paragraph, take effect in different benefit weeks in accordance with F4paragraphs (1) to (3C), they shall take effect from the day to which paragraph (2), (3), (3A), (3B) or (3C). above refers, or, where more than one day is concerned, from the earlier day.
Annotations
Textual amendments
- F1
Reg. 56(2A) inserted (1.4.1990) by The Community Charge Benefits (General) Amendment Regulations 1990 (S.I. 1990/834), regs. 1(1), 15
- F2
Reg. 56(3A) inserted (1.10.1990) by The Community Charge Benefits (General) Amendment (No. 3) Regulations 1990 (S.I. 1990/1773), regs. 1(1), 9(a)
- F3
Reg. 56(3B)(3C) inserted (1.4.1992) by The Housing Benefit and Community Charge Benefits (Miscellaneous Amendments) Regulations 1992 (S.I. 1992/432), regs. 1(1)(e), 24(2)
- F4
Words in reg. 56(4) substituted (1.4.1992) by The Housing Benefit and Community Charge Benefits (Miscellaneous Amendments) Regulations 1992 (S.I. 1992/432), regs. 1(1)(e), 24(3)