CTS transitional provisions regs

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  • #45605
    Julian Hobson
    Participant

    Reg 4 of this http://www.legislation.gov.uk/uksi/2013/215/contents/made says that the bit after all the x's doesn't apply to current claims that are migrated or anyone treated as having applied for a reduction before April OR anyone that applies for CTB after april (see definition in reg 2(1) in the link above) 

     

     

    Notification of change of circumstances

     

    4.—(1) This regulation applies in relation to a person who is treated by virtue of regulation 2(1) as having made an application for a reduction under a scheme.

     

    (2) Where this regulation applies, the following provisions in the relevant billing authority’s scheme do not apply in relation to that person’s application—

     

    (a)a provision contained in the authority’s scheme by virtue of paragraph 4(7) of Schedule 8 to the Council Tax Reduction Schemes (Prescribed Requirements) (England) Regulations 2012; or

     

    (b)paragraph 109(7) of the scheme prescribed in the Schedule to the Council Tax Reduction Schemes (Default Scheme) (England) Regulations 2012.

     

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    (7) The authority must—

     

    (a)inform any person making an application of the duty imposed by paragraph 9(1)(a);

     

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

     

    (c)set out the circumstances a change in which might affect entitlement to the reduction or its amount

     

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    So if those provisions don't apply to those claims and we don't "inform" how can we get folk to comply or do anything if they don't ?

    #128353
    Julian Hobson
    Participant

    So in theory after April 2013 you should never apply for CTR and should insist that you are applying for CTB. That way you will be treated as applying for CTR but will never be notified of your duty to notify anything and might argue the provisions don’t apply to you.

    As an aside I have just noticed that requirement to notify changes of circs generally under para 9(1)(b) has been omitted from the things we must inform people of when making an application, we are only required to notify folk that they have to tell us about changes that happen after the application is made but before the decision.

    Duty to notify changes of circumstances

    9.—(1) Subject to sub-paragraphs (3), (6) and (7), an applicant (or any person acting on his behalf) must comply with sub-paragraph (2) if there is a relevant change of circumstances at any time—

    (a)between the making of an application and a decision being made on it, or
    (b)after the decision is made (where the decision is that the applicant is entitled to a reduction under an authority’s scheme) including at any time while the applicant is in receipt of such a reduction.

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