Is it just me or have the DCLG just massively expended NDD Delay

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  • #45601
    seanosul
    Participant

    New Reg

     

    Date on which change of circumstances is to take effect

    3.

     

     

    —(1) Where—

    (a) by virtue of regulation 2(1) a person (P) is treated as having made an application for a

    reduction under a scheme;

    (b) on a day before 1st April 2013, P becomes a person to whom paragraphs (10) to (13) of

    regulation 50 of the Council Tax Benefit (Persons who have attained the qualifying age

    for state pension credit) Regulations 2006(

     

    a) (change of circumstances in connection with

    non-dependants) apply; and

    (c) the effective date for the change of circumstances in accordance with the provisions

    referred to in sub-paragraph (b) is a date after 31st March 2013 (D date),

    the effective date for the purposes of the relevant provisions is the same as D date and no account

    is to be taken of those change of circumstances in determining the application for the reduction

    until that date.

    (2) In paragraph (1) “the relevant provisions” means—

    (a) a provision contained in the authority’s scheme by virtue of paragraph 46(10) to (13) of

    Schedule 1 to the Council Tax Reduction Schemes (Prescribed Requirements) (England)

    Regulations 2012(

     

    b);

    (b) paragraph 107(10) to (13) of the scheme prescribed in the Schedule to the Council Tax

    Reduction Schemes (Default Scheme) (England) Regulations 2012(

    http://www.legislation.gov.uk/uksi/2013/215/pdfs/uksi_20130215_en.pdf

    [quote]In addition to the policy set out in the statement of intent the regulation also ensures that a pensioner does not have a reduction in their support as a result of a change of circumstance where a non-dependent has taken residence in the applicant’s dwelling. Details are included within the Explanatory Memorandum available with the regulation at http://www.legislation.gov.uk/uksi/2013/215/pdfs/uksiem_20130215_en.pdf%5B/quote%5D

    #128347
    Julian Hobson
    Participant

    Are you saying that the bit that is broken is the definition of “Relevant Provisions” in 3(2)(a) and (b) ? because the relevant provisions then define the effective date as being 26 weeks after the date the change occured which could be construed as (D date) ?

    #128349
    seanosul
    Participant

    Pensioners under 65 do not qualify for Non Dep Delay under CTB. Under LCTS if they fall under the prescribed scheme, they qualify.

    #128354
    Julian Hobson
    Participant

    It looks like the prescribed regs have the 65 age in too

    46(10) to (13) of the prescribed regs says:

    (10) Sub-paragraph (11) applies if—

    (a)the applicant or the applicant’s partner has attained the age of 65; and
    (b)either—
    (i)a non-dependant took up residence in the applicant’s dwelling; or
    (ii)there has been a change of circumstances in respect of a non-dependant so that the amount of the deduction which falls to be made under paragraph 8 (non-dependent deductions) increased.
    (11) Where this sub-paragraph applies, the change of circumstances referred to in sub-paragraph (10)(b) takes effect from the effective date.

    (12) In sub-paragraph (11), but subject to sub-paragraph (13), “the effective date” means—

    (a)where more than one change of a kind referred to in sub-paragraph (10)(b) relating to the same non-dependant has occurred since—
    (i)the date on which the applicant’s entitlement to a reduction under the authority’s scheme first began; or
    (ii)the date which was the last effective date in respect of such a change,whichever is the later, the date which falls 26 weeks after the date on which the first such change occurred;
    (b)where paragraph (a) does not apply, the date which falls 26 weeks after the date on which the change referred to in sub-paragraph (10)(b) occurred.
    (13) If in any particular case the date determined under sub-paragraph (12) is not the first day of a reduction week, the effective date in that case is the first day of the next reduction week to commence after the date determined under that sub-paragraph.

    #128357
    seanosul
    Participant

    Calmed down now – thanks Julian.

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