Regulation 59 Date on which change of circumstances is to take effectI1

England, Wales and Scotland

Changes not yet applied. Later legislation changes this provision in ways not yet written into the text below:

reg. 59(1A) omitted by Housing Benefit and Council Tax Benefit 2005 reg. 3(8)
reg. 59(1) words substituted by Housing Benefit and Council Tax Benefit (State Pension Credit) 2003 reg. 22(5)(a)
reg. 59(10)-(13) added by Housing Benefit and Council Tax Benefit (State Pension Credit) 2003 reg. 22(5)(b)
reg. 59(1) words susbstituted by Housing Benefit and Council Tax Benefit (State Pension Credit) (Abolition of Benefit Periods) 2003 reg. 13(2)
reg. 59(10)(b) word substituted by SI 2003/325 reg. 22(5)(b) (as amended) by Housing Benefit and Council Tax Benefit (State Pension Credit and Miscellaneous Amendments) 2003 reg. 2(12)(c)(i)
reg. 59(11) words substituted by SI 2003/325 reg. 22(5)(b) (as amended) by Housing Benefit and Council Tax Benefit (State Pension Credit and Miscellaneous Amendments) 2003 reg. 2(12)(c)(ii)
reg. 59(12) substituted by SI 2003/325 reg. 22(5)(b) (as amended) by Housing Benefit and Council Tax Benefit (State Pension Credit and Miscellaneous Amendments) 2003 reg. 2(12)(c)(iii)
reg. 59(13) word substituted by SI 2003/325 reg. 22(5)(b) (as amended) by Housing Benefit and Council Tax Benefit (State Pension Credit and Miscellaneous Amendments) 2003 reg. 2(12)(c)(iv)(aa)
reg. 59(13) words substituted by SI 2003/325 reg. 22(5)(b) (as amended) by Housing Benefit and Council Tax Benefit (State Pension Credit and Miscellaneous Amendments) 2003 reg. 2(12)(c)(iv)(bb)
reg. 59(13) words substituted by SI 2003/325 reg. 22(5)(b) (as amended) by Housing Benefit and Council Tax Benefit (State Pension Credit and Miscellaneous Amendments) 2003 reg. 2(12)(c)(iv)(cc)
reg. 59(1) words substituted by Housing Benefit and Council Tax Benefit (General) 2003 reg. 3(2)
reg. 59(1A) inserted by Housing Benefit and Council Tax Benefit (General) 2003 reg. 3(3)
reg. 59(7) words substituted by Housing Benefit and Council Tax Benefit (General) 2003 reg. 3(4)
reg. 59(1) words substituted by Housing Benefit and Council Tax Benefit (Decisions and Appeals and Discretionary Financial Assistance) (Consequential Amendments and Revocations) 2001 reg. 9(1)(a)
reg. 59(1) words substituted by Housing Benefit, Council Tax Benefit and Supply of Information (Jobseeker’s Allowance) 1996 reg. 37
reg. 59(1) words inserted by Social Security (Housing Benefit, Council Tax Benefit, State Pension Credit and Miscellaneous Amendments) 2004 reg. 3(15)(a)
reg. 59(10)(b)(ii) words substituted by Social Security (Housing Benefit, Council Tax Benefit, State Pension Credit and Miscellaneous Amendments) 2004 reg. 3(15)(b)
reg. 59(1) words substituted by Social Security (Work-focused Interviews) 2000 Sch. 3 para. 3(1)
reg. 59(1) words substituted by Housing Benefit and Council Tax Benefit 1994 reg. 23(2)
reg. 59(8) added by Housing Benefit and Council Tax Benefit 1994 reg. 23(3)
reg. 59(1) words substituted by Housing Benefit and Council Tax Benefit 1995 reg. 3(a)
reg. 59(9) inserted by Housing Benefit and Council Tax Benefit 1995 reg. 3(b)
reg.59 amended by Social Security (Work-focused Interviews) 2000 reg 16(2). Sch.3, para.3(1)

(1)

Except in cases where regulation 18 (disregard of changes in tax, contributions, etc) applies and subject to paragraphs (2) to (7), a change of circumstances which affects entitlement to, or the amount of, council tax 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 Contribution and Benefits Act 1992, the date on which the change actually occurs shall be the day immediately following the last day of entitlement to that benefit.

(2)

Subject to paragraph (3), where the change of circumstances is a change in the amount of council tax payable, it shall take effect from the day on which it actually occurs.

(3)

Where the change of circumstances is a change in the amount a person is liable to pay in respect of council tax in consequence of regulations under section 13 or 80 of the 1992 Act (reduced amounts of council tax) or changes in the discount to which a dwelling may be subject under sections 11, 12 or 79 of that Act, it shall take effect from the day on which the change in amount has effect.

(4)

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.

(5)

Where the change of circumstances is the claimant’s acquisition of a partner, the change shall have effect on the day on which the acquisition takes place.

(6)

Where the change of circumstances is the death of a claimant’s partner or their separation, it shall have effect on the day the death or separation occurs.

(7)

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 paragraphs (1) to (6) they shall take effect from the day to which F1the appropriate paragraph from (2) to (6) above refers, or, where more than one day is concerned, from the earlier day.

Annotations

Textual amendments

F1: Words in reg. 59(7) substituted (1.4.1993 immediately after art. 20 of S.I. 1993/349 comes into force) by The Council Tax Benefit (General) Amendment Regulations 1993 (S.I. 1993/688), regs. 1(1), 16

Commencement

I1: Reg. 59 in force at 1.4.1993, see reg. 1(b)