Paragraph 109 Making an application
England, Wales and Scotland
In the case of—
a couple or (subject to paragraph (b)) members of a polygamous marriage an application is to be made by whichever one of them they agree should so apply or, in default of agreement, by such one of them as the authority determines; or
in the case of members of a polygamous marriage to whom paragraph 37 (income and capital: award of universal credit) applies, an application is to be made by whichever one of the parties to the earliest marriage that still subsists they agree should so apply or, in default of agreement, by such one of them as the authority determines.
Where a person who is liable to pay council tax in respect of a dwelling is unable for the time being to act, and—
a deputy has been appointed by the Court of Protection with power to claim, or as the case may be, receive benefit on his behalf; or
in Scotland, his estate is being administered by a judicial factor or any guardian acting or appointed under the Adults with Incapacity (Scotland) Act 2000f1 who has power to apply or, as the case may be, receive benefit on his behalf; or
that deputy, judicial factor, guardian or attorney, as the case may be, may make an application on behalf of that person.
Where a person who is liable to pay council tax in respect of a dwelling is unable for the time being to act and sub-paragraph (2) does not apply to him, the 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 this scheme and to receive and deal on his behalf with any sums payable to him.
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 authority may if that person agrees, treat him as if he had been appointed by them under sub-paragraph (3).
Where the authority has made an appointment under sub-paragraph (3) or treated a person as an appointee under sub-paragraph (4)—
it may at any time revoke the appointment;
the person appointed may resign his office after having given 4 weeks notice in writing to the authority of his intention to do so;
any such appointment must terminate when the authority is notified of the appointment of a person mentioned in sub-paragraph (2).
Anything required by this scheme to be done by or to any person who is for the time being unable to act may be done by or to the persons mentioned in sub-paragraph (2) above or by or to the person appointed or treated as appointed under this paragraph and the receipt of any such person so appointed shall be a good discharge to the authority for any sum paid.
The authority must—
inform any person making an application of the duty imposed by paragraph 115(1)(a);
explain the possible consequences (including prosecution) of failing to comply with that duty; and
set out the circumstances a change in which might affect entitlement to the reduction or its amount.
Annotations
Modifications
- C1
Sch. Scheme para. 109(7) excluded (6.3.2013 with application for the purposes of the commencement of schemes on 1.4.2013) by The Council Tax Reduction Schemes (Transitional Provision) (England) Regulations 2013 (S.I. 2013/215), regs. 1, 4(2)(b)
Footnotes
- f1
- f2
- f3