{
  "url": "https://openlegislation.uk/council-tax-benefit-general-regulations-1992/regulation-61",
  "json_url": "https://openlegislation.uk/council-tax-benefit-general-regulations-1992/regulation-61.json",
  "legislation": "uksi/1992/1814",
  "legislation_title": "The Council Tax Benefit (General) Regulations 1992",
  "legislation_url": "https://openlegislation.uk/council-tax-benefit-general-regulations-1992",
  "path": "regulation/61",
  "kind": "regulation",
  "number": "61",
  "heading": "Who may claim",
  "text": "(1) In the case of a married or unmarried couple or members of a polygamous marriage a claim shall be made by whichever one of them they agree should so claim or, in default of agreement, by such one of them as the appropriate authority shall determine.\n(2) Where a person who is liable to pay council tax in respect of a dwelling is unable for the time being to act, and—\n(a) a receiver has been appointed by the Court of Protection with power to claim, or as the case may be, receive benefit on his behalf; or\n(b) in Scotland, his estate is being administered by a curator, judicial factor or other guardian acting or appointed in terms of law; or\n(c) an attorney with a general power or a power to claim or, as the case may be, receive benefit, has been appointed by that person under the Powers of Attorney Act 1971 or the Enduring Powers of Attorney Act 1985 or otherwise,\nthat receiver, curator, other guardian or attorney, as the case may be, may make a claim on behalf of that person.\n(3) Where a person who is liable to pay council tax in respect of a dwelling is unable for the time being to act and paragraph (2) does not apply to him, the appropriate authority may, upon written application made to them by a person who, if a natural person, is over the age of 18, appoint that person to exercise on behalf of the person who is unable to act, any right to which that person might be entitled under the Contributions and Benefits Act 1992 and to receive and deal on his behalf with any sums payable to him.\n(4) Where the appropriate authority has made an appointment under paragraph (3)—\n(a) it may at any time revoke the appointment;\n(b) the person appointed may resign his office after having given 4 weeks notice in writing to the appropriate authority of his intention to do so;\n(c) any such appointment shall terminate when the appropriate authority is notified of the appointment of a person mentioned in paragraph (2).\n(5) Where a person who is liable to pay council tax in respect of a dwelling is for the time being unable to act and the Secretary of State has appointed a person to act on his behalf under regulation 33 of the Social Security (Claims and Payments) Regulations 1987 (persons unable to act), the appropriate authority may if that person so requests in writing, treat him as if he had been appointed by them under paragraph (3).\n(6) Anything required by these Regulations to be done by or to any person who is for the time being unable to act may be done by or to the person mentioned in paragraph (2) above or by or to the person appointed or treated as appointed under this regulation and the receipt of any such person so appointed shall be a good discharge to the appropriate authority for any sum paid.",
  "extent": "E+W+S",
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "F",
      "label": "F1",
      "text": "Words in reg. 61(5) 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), 17"
    },
    {
      "type": "I",
      "label": "I1",
      "text": "Reg. 61 in force at 17.8.1992, see reg. 1(a)"
    },
    {
      "type": "footnote",
      "label": "f1",
      "text": "1971 c. 27."
    },
    {
      "type": "footnote",
      "label": "f2",
      "text": "1985 c. 29."
    }
  ],
  "outstanding_effects": [
    {
      "type": "words substituted",
      "affecting": "uksi/2005/337",
      "affecting_title": "The Social Security, Child Support and Tax Credits (Miscellaneous Amendments) Regulations 2005"
    },
    {
      "type": "words substituted",
      "affecting": "uksi/2005/337",
      "affecting_title": "The Social Security, Child Support and Tax Credits (Miscellaneous Amendments) Regulations 2005"
    },
    {
      "type": "words inserted",
      "affecting": "uksi/2005/337",
      "affecting_title": "The Social Security, Child Support and Tax Credits (Miscellaneous Amendments) Regulations 2005"
    },
    {
      "type": "word substituted",
      "affecting": "uksi/2005/337",
      "affecting_title": "The Social Security, Child Support and Tax Credits (Miscellaneous Amendments) Regulations 2005"
    },
    {
      "type": "words substituted",
      "affecting": "uksi/2005/2877",
      "affecting_title": "The Civil Partnership (Pensions, Social Security and Child Support) (Consequential, etc. Provisions) Order 2005"
    },
    {
      "type": "words substituted",
      "affecting": "uksi/2001/1605",
      "affecting_title": "The Housing Benefit and Council Tax Benefit (Decisions and Appeals and Discretionary Financial Assistance) (Consequential Amendments and Revocations) Regulations 2001 (revoked)"
    },
    {
      "type": "words substituted",
      "affecting": "uksi/2001/1605",
      "affecting_title": "The Housing Benefit and Council Tax Benefit (Decisions and Appeals and Discretionary Financial Assistance) (Consequential Amendments and Revocations) Regulations 2001 (revoked)"
    },
    {
      "type": "excluded by 1992/1814 reg. 53A(4) (as inserted)",
      "affecting": "uksi/1996/194",
      "affecting_title": "The Housing Benefit, Supply of Information and Council Tax Benefit (Amendment) Regulations 1996"
    },
    {
      "type": "added",
      "affecting": "uksi/1999/3108",
      "affecting_title": "The Social Security (Claims and Information) Regulations 1999"
    },
    {
      "type": "words substituted",
      "affecting": "uksi/2000/897",
      "affecting_title": "The Social Security (Work-focused Interviews) Regulations 2000"
    },
    {
      "type": "amended",
      "affecting": "uksi/2000/897",
      "affecting_title": "The Social Security (Work-focused Interviews) Regulations 2000"
    },
    {
      "type": "amended",
      "affecting": "uksi/1999/3108",
      "affecting_title": "The Social Security (Claims and Information) Regulations 1999"
    }
  ],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/uksi/1992/1814/regulation/61",
    "retrieved_at": "2026-11-06T03:35:39.387743+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}