CTR and Persons from Abroad

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    Julian Hobson

    I know there are some concerns out there about the adequacy of the PFA regs in the prescribed requirement. Following Helen Goodman MP's question to IDS last week, she asked Mr Pickles something similar this week !!!!!!!!!!!!!!!

     Helen Goodman (Bishop Auckland) (Lab): At the moment, people from some eastern European countries are entitled to housing benefit and council tax benefit, but not to income-related jobseeker’s allowance. Following the localisation of council tax benefit, will those people be entitled to that benefit or will it be a matter of discretion for each local authority?

    Mr Pickles: It is entirely localised; it is a matter for local councils to determine.


    [quote=Julian Hobson]It is entirely localised; it is a matter for local councils to determine.[/quote]

    And what empowers a local council to do that? :~

    Julian Hobson

    Schedule 1A LGFA 1992 (2)(8)The Secretary of State may by regulations prescribe other requirements for schemes.
    (9)Regulations under sub-paragraph ( 8 ) may in particular—
    (a)require other matters to be included in a scheme;
    (b)prescribe classes of person which must or must not be included in a scheme;
    (c)prescribe reductions, including minimum or maximum reductions, which must be applicable to persons in prescribed classes;
    (d)prescribe requirements which must be met by the procedure mentioned in sub-paragraph (5).

    So the regs prescribe classes person which must be included by default, because it prescribes person that must not be included. It can’t purport to do one but not the other.

    Mr Pickles answer to parliament simply demonstrates that he doesn’t know what the regs say at all.


    Counsel’s advice in relation to the scheme that I worked on was that the prescribed excluded classes of person do indeed by default prescribe others who must not be excluded automatically (as long as they satisfy the rest of the scheme requirements obviously) – he thought it would be illegal to enlarge the list at prescribed Reg 12(4) to include additional PFAs automatically excluded. The main beneficiaries of this will be a small number of EEA work seekers who don’t get JSA(ib) for whatever reason and who in the past would have been excluded from CTB by Reg 7(4A).

    Incidentally Helen Goodman’s question is nonsense, she has got that completely muddled up.


    [quote=Peter Barker]Incidentally Helen Goodman’s question is nonsense, she has got that completely muddled up.[/quote]

    In fairness I think she might be referring to the recent changes to UK legislation, Zambrano in particular, in some kind of roundabout way :~ but yes she and Mr P seem to be in a pickle with legislation, prescribed or not. 😀

    Seriously though, I think there will be a lot of PFAs refused any help on CTR, guess we will have to wait and see how it all unfolds.

    Julian Hobson

    My Director raised this at the LCTS Reference group meeting yesterday and was told that guidance was issued to authorities a couple of weeks ago. Has anybody seen anything at all relating to CTR and PFA’s in the last few weeks or at any time ?


    Well I certainly cannot…not even replied in writing to the issue I raised about PFA’s! The ONLY one they have never responded to incidentally…..

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