Regulation 61 Evidence and informationI1

England, Wales and Scotland

(1)

A person who makes a claim shall furnish such certificates, documents, information and evidence in connection with the claim, or any question arising out of it, as may be reasonably required by the appropriate authority in order to determine that person’s entitlement to community charge benefits, and shall do so within 4 weeks of being required to do so or such longer period as the appropriate authority may consider reasonable, but nothing in this regulation shall require a person to furnish any certificates, documents, information or evidence relating to a payment F1to which paragraph (3) applies.

(2)

Where a request is made under paragraph (1), the appropriate authority shall–

(a)

inform the claimant of his duty under regulation 63 (duty to notify change of circumstances) to notify the designated office of any change of circumstances; and

(b)

without prejudice to the extent of the duty owed under regulation 63, indicate to him either orally or by notice or by reference to some other document available to him on application and without charge, the kind of change of circumstances which is to be notified.

F2(3)

This paragraph applies to any of the following payments—

(a)

a payment which is—

(i)

disregarded under paragraph 22 of Schedule 3 (income in kind) or paragraph 32 of Schedule 4 F3(certain payments in kind), and

(ii)

made under the Macfarlane Trust, the Macfarlane (Special Payments) Trust F4, the Macfarlane (Special Payments) (No. 2) Trust or the Fund;

(b)

a payment which is disregarded under paragraph 35 of Schedule 3 or paragraph 23 of Schedule 4 (payments made under certain trusts F5and certain other payments), other than a payment made under the Independent Living Fund.

Annotations

Textual amendments

F1: Words in reg. 61(1) substituted (1.4.1992) by The Housing Benefit and Community Charge Benefits (Miscellaneous Amendments) Regulations 1992 (S.I. 1992/432), regs. 1(1)(e), 25(2)
F2: Reg. 61(3) added (1.4.1992) by The Housing Benefit and Community Charge Benefits (Miscellaneous Amendments) Regulations 1992 (S.I. 1992/432), regs. 1(1)(e), 25(3)
F3: Words in reg. 61(3)(a)(i) substituted (7.5.1992) by The Income-related Benefits Schemes and Social Security (Recoupment) Amendment Regulations 1992 (S.I. 1992/1101), regs. 1(1), 2(6)(a)(i)
F4: Words in reg. 61(3)(a)(ii) substituted (7.5.1992) by The Income-related Benefits Schemes and Social Security (Recoupment) Amendment Regulations 1992 (S.I. 1992/1101), regs. 1(1), 2(6)(a)(ii)
F5: Words in reg. 61(3)(b) inserted (7.5.1992) by The Income-related Benefits Schemes and Social Security (Recoupment) Amendment Regulations 1992 (S.I. 1992/1101), regs. 1(1), 2(6)(b)

Commencement

I1: Reg. 61 in force at 11.8.1989, see reg. 1