Paragraph 12 Notification of decisionI1

England and Wales

(1)

An authority must notify in writing any person affected by a decision made by it under its scheme—

(a)

in the case of a decision on an application, forthwith or as soon as reasonably practicable thereafter;

(b)

in any other case, within 14 days of that decision or as soon as reasonably practicable thereafter.

(2)

Where the decision is to award a reduction, the notification under sub-paragraph (1) must include a statement—

(a)

informing the person affected of the duty imposed by paragraph 9(1);

(b)

explaining the possible consequences (including prosecution) of failing to comply with that duty; and

(c)

setting out the circumstances a change in which might affect entitlement to the reduction or its amount.

(3)

Where the decision is to award a reduction, the notification under sub-paragraph (1) must include a statement as to how that entitlement is to be discharged.

(4)

In any case, the notification under sub-paragraph (1) must inform the person affected of the procedure by which an appeal may be made and must refer the person to the provisions in the authority’s scheme relating to the procedure for making an appeal.

(5)

A person affected to whom an authority sends or delivers a notification of decision may, within one month of the date of the notification of that decision request in writing the authority to provide a written statement setting out the reasons for its decision on any matter set out in the notice.

(6)

The written statement referred to in sub-paragraph (5) must be sent to the person requesting it within 14 days or as soon as reasonably practicable thereafter.

(7)

For the purposes of this paragraph a person is to be treated as a person affected by a decision of an authority under its scheme where the rights, duties or obligations of that person are affected by that decision and the person falls within sub-paragraph (8).

(8)

This sub-paragraph applies to—

(a)

the applicant;

(b)

in the case of a person who is liable to pay council tax in respect of a dwelling and is unable for the time being to act—

(i)

a deputy appointed by the Court of Protection with power to claim, or as the case may be, receive benefit on his behalf; or

(ii)

in Scotland, a judicial factor or any guardian acting or appointed under the Adults with Incapacity (Scotland) Act 2000^f1 who has power to apply or, as the case may be, receive benefit on the person’s behalf; or

(iii)

an attorney with a general power or a power to apply or, as the case may be, receive benefit, has been appointed by that person under the Powers of Attorney Act 1971^f2, the Enduring Powers of Attorney Act 1985^f3 or the Mental Capacity Act 2005^f4 or otherwise,

(c)

a person appointed by an authority under paragraph 4(3) (persons appointed to act for a person unable to act).

Annotations

Commencement

I1: Sch. 8 para. 12 in force at 27.11.2012, see reg. 1(1)

Footnotes

f1: 2000 asp 4.
f2: 1971 c. 27.
f3: 1985 c. 29; this Act has been repealed but transitional and savings provisions continue to apply.
f4: 2005 c. 9.