Gateshead Council Local Council Tax Support Scheme 2024/25

104 Date on which entitlement begins and changes of circumstance: pensioners and persons who are not pensioners

(1) Subject to sub-paragraph (2) and (3), any person to whom or in respect of whom an application for a reduction under this scheme is made and who is otherwise entitled to that reduction shall be so entitled from the reduction week following the date on which that application is made or is treated as made.

(2) Where a person is otherwise entitled to a reduction under this scheme and becomes liable for the first time for the authority's Council Tax in respect of a dwelling of which he is a resident in the reduction week in which his application is made or is treated as made, he shall be so entitled from that reduction week.

(3) Where a person is in receipt of Local Council Tax Support as at 31st March 2019, the provisions of paragraph 119 apply, and any person to whom that paragraph applies, and who is otherwise entitled to a reduction, shall be so entitled from the date on which this scheme commences without the need to make a further application.

(4) Where a person is in receipt of Local Council Tax Support and Gateshead Council makes changes to the scheme as set out in the "Changes to the scheme" paragraph on page 3 of this document, that person will have their entitlement to Local Council Tax Support reassessed automatically if those changes affect them. Generally these changes will apply from the Monday following the date the change to the scheme takes effect, or any such date as specified by Gateshead Council.

(5) Where Gateshead Council is provided with information relating to earnings or an occupational pension that is derived from Her Majesties Revenues and Customs as part of Real Time Information, VEP or other data sharing arrangements, such information will be used for the assessment of entitlement under this scheme where allowable. Any change to entitlement arising as a result of the use of such information will take effect from such date as specified by Gateshead Council.

(6) Where an award is made under Class 3A (as set out in paragraph 18A - where the council considers some additional assistance is required towards Council Tax) the entitlement to any such award can start from any date after 1st April 2013 as deemed appropriate by the council, even if this precedes the start date of the current scheme. This does not apply where the award is a specific Hardship payment from a dedicated separate fund and any such ward will be limited so it applies to the period to which the scheme relates.

105 Date on which a change of circumstances is to take effect: pensioners

Except in cases where paragraph 63 (disregard of changes in tax, contributions, etc) applies and subject to the following provisions of this paragraph and paragraph 106 (changes of circumstance where state pension credit is in payment), a change of circumstances which affects entitlement to, or the amount of, a reduction under an authority's scheme ("change of circumstances"), takes effect from the first day of the reduction week following the date on which the change actually occurs.

(2) Where that change is cessation of entitlement to any benefit under the benefit Acts, the date on which the change actually occurs shall be the day immediately following the last day of entitlement to that benefit.

(3) Subject to sub-paragraph (4), where the change of circumstances is a change in the amount of Council Tax payable, it takes effect from the day on which it actually occurs.

(4) Where the change of circumstances is a change in the amount a person is liable to pay in respect of Council Tax in consequence of regulations under section 13 of the 1992 Act (reduced amounts of Council Tax) or changes in the discount to which a dwelling may be subject under sections 11 or 12 of that Act, it shall take effect from the day on which the change in amount has effect.

(5) Where the change of circumstances is the applicant's acquisition of a partner, the change takes effect on the day on which the acquisition takes place.

(6) Where the change of circumstances is the death of an applicant's partner or their separation, it takes effect on the day the death or separation occurs.

(7) If two or more changes of circumstances occurring in the same reduction week would, but for this paragraph, take effect in different reduction weeks in accordance with sub-paragraphs (1) to (6) they take effect from the day to which the appropriate sub-paragraph from (3) to (6) above refers, or, where more than one day is concerned, from the earlier day.

(8) Where the change of circumstances is that income, or an increase in the amount of income, other than a benefit or an increase in the amount of a benefit under the SSCBA, is paid in respect of a past period and there was no entitlement to income of that amount during that period, the change of circumstances shall take effect from the first day on which such income, had it been paid in that period at intervals appropriate to that income, would have fallen to be taken into account for the purposes of this scheme.

(9) Without prejudice to sub-paragraph (8), where the change of circumstances is the payment of income, or arrears of income, in respect of a past period, the change of circumstances takes effect from the first day on which such income, had it been timeously paid in that period at intervals appropriate to that income, would have fallen to be taken into account for the purposes of this scheme.

(10) Sub paragraph (11) applies if -
(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 that falls to be made under paragraph 30 (non-dependant deductions:
pensioners) 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 nondependant
occurred since -
(i) the date on which the applicant's entitlement to a reduction under this 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 to be the first day of the next reduction week to commence after the date determined in that sub-paragraph.

(14) Where a change of circumstances results in a reduction reducing or ceasing, and the change occurs because the original discount was based on an error on the part of the council, and the person could not reasonably have been expected to realise that the discount was incorrect, the council may alter or end the discount from whatever date it deems appropriate.

(15) where the change of circumstances relates to a Universal Credit claimant and is in respect of the start, end or change to a Universal Credit award, the effective date shall be as set out in Paragraph 39 of this scheme.

106 Change of circumstances where state pension credit in payment

(1) Sub-paragraphs (2) and (3) apply where—
(a) the applicant is also on state pension credit;
(b) the amount of state pension credit awarded to him is changed in consequence of a change in the applicant's circumstances; and
(c) the change in the amount of state pension credit payable to the applicant results in a change in the amount of a reduction he receives under an authority's scheme ("the scheme").

(2) Where the change of circumstance is that an increase in the amount of state pension credit payable to the applicant results in—
(a) an increase in the reduction he receives under the scheme, the change takes effect from the first day of the reduction week in which state pension credit becomes payable at the increased rate; or
(b) a decrease in the reduction he receives under the scheme, the change takes effect from the first day of the reduction week next following the date on which—
(i) the local authority receives notification from the Secretary of State of the increase in the amount of state pension credit; or
(ii) state pension credit is increased, whichever is the later.

(3) Where the change of circumstance ("the relevant change") is that the applicant's state pension credit has been reduced and in consequence the reduction the applicant receives under the scheme reduces—
(a) in a case where the applicant's state pension credit is reduced because the applicant failed to notify the Secretary of State timeously of the change of circumstances, the change takes effect from the first day of the reduction week from which state pension credit was reduced; or
(b) in any other case the change takes effect from the first day of the reduction week next following the date on which—
(i) the authority receives notification from the Secretary of State of the reduction in the amount of state pension credit; or
(ii) state pension credit is reduced, whichever is the later.

(4) Where the change of circumstance is that state pension credit is reduced and in consequence of the change, the amount of a reduction he receives under the scheme is increased, the change takes effect from the first day of the reduction week in which state pension credit becomes payable at the reduced rate.

(5) Where a change of circumstance occurs in that an award of state pension credit has been made to the applicant or his partner and this would result in a decrease in the amount of reduction he receives under the scheme, the change takes effect from the first day of the reduction week next following the date on which—
(a) the authority receives notification from the Secretary of State of the award of state pension credit;
or
(b) entitlement to state pension credit begins, whichever is the later.

(6) Where, in the case of an applicant who, or whose partner, is or has been awarded state pension credit comprising only the savings credit, there is—
(a) a change of circumstances of a kind described in any of sub-paragraphs (2) to (5) which results from a relevant calculation or estimate; and
(b) a change of circumstances which is a relevant determination, each of which results in a change in the amount of reduction the applicant receives under the scheme, the change of circumstances referred to in sub-paragraph (b) takes effect from the day specified in sub-paragraph (2), (3), (4) or (5) as the case may be, in relation to the change referred to in paragraph (a).

(7) Where a change of circumstance occurs in that a guarantee credit has been awarded to the applicant or his partner and this would result in an increase in the amount of a reduction the applicant receives under the scheme, the change takes effect from the first day of the reduction week next following the date in respect of which the guarantee credit is first payable.

(8) Where a change of circumstances would, but for this paragraph, take effect under the preceding provisions of this paragraph within the 4 week period specified in paragraph 96 (continuing reductions where state pension credit claimed), that change takes effect on the first day of the first reduction week to commence after the expiry of the 4 week period.

(9) In this paragraph—
"official error" means an error made by -
(a) the authority or a person -
(i) authorised to carry out any function of the authority relating to this scheme: or
(ii) providing services relating to this scheme directly or indirectly to the authority; or
(b) an officer of -
(i) the Department for Work and Pensions; or
(ii) the Commissioners of Inland Revenue,
acting as such, but excludes any error caused wholly or partly by any person or body not specified in paragraph
(a) or (b) of this definition and any error of law which is shown to have been in error by virtue of a subsequent decision of the court;
"relevant calculation or estimate" means the calculation or estimate made by the Secretary of State of the applicant's or, as the case may be, the applicant's partner's income and capital for the purposes of the award of state pension credit;
"relevant determination" means a change in the determination by the authority of the applicant's income and capital using the relevant calculation or estimate, in accordance with paragraph 38 (1)(calculation of applicant's income in savings credit only cases).

107 Date on which a change of circumstances is to take effect: persons who are not pensioners

(1) Except in cases where paragraph 63 (disregard of changes in tax, contributions, etc), and subject to the following provisions of this regulation, a change of circumstances which affects entitlement to, or the amount of, a reduction under this scheme ("change of circumstances"), shall take effect from the first day of the benefit week following the date on which the change actually occurs, and where that change is cessation of entitlement to any benefit under the benefit Acts, the date on which the change actually occurs shall be the day immediately following the last day of entitlement to that benefit.

(2) Subject to paragraph (3), where the change of circumstances is a change in the amount of Council Tax payable, it shall take effect from the day on which it actually occurs.

(3) Where the change of circumstances is a change in the amount a person is liable to pay in respect of Council Tax in consequence of regulations under section 13 or 80 of the 1992 Act (reduced amounts of
Council Tax) or changes in the discount to which a dwelling may be subject under sections 11, 12 or 79 of that Act, it shall take effect from the day on which the change in amount has effect.

(4) Where the change of circumstances is an amendment to this scheme, it shall take effect from the date on which the amendment to this scheme comes into force.

(5) Where the change of circumstances is the claimant's acquisition of a partner, the change shall have effect on the day on which the acquisition takes place.

(6) Where the change of circumstances is the death of a claimant's partner or their separation, it shall have effect on the day the death or separation occurs.

(7) If two or more changes of circumstances occurring in the same week would, but for this paragraph, take effect in different benefit weeks in accordance with paragraphs (1) to (6) they shall take effect from the day to which the appropriate paragraph from (2) to (6) above refers, or, where more than one day is concerned, from the earlier day.

(8) Where the change of circumstances is that income, or an increase in the amount of income, other than a benefit or an increase in the amount of a benefit under the Act, is paid in respect of a past period and there was no entitlement to income of that amount during that period, the change of circumstances shall take effect from the first day on which such income, had it been paid in that period at intervals appropriate to that income, would have fallen to be taken into account for the purposes of these Regulations.

(9) Without prejudice to paragraph (8), where the change of circumstances is the payment of income, or arrears of income, in respect of a past period, the change of circumstances shall take effect from the first day on which such income, had it been timeously paid in that period at intervals appropriate to that income, would have fallen to be taken into account for the purposes of these Regulations.

(10) The council can change an amount of a reduction under this scheme on its own initiative or on an application to change a reduction, where -
(a) there has been a change of circumstances since a reduction was awarded; or
(b) it is anticipated that a change of circumstances will occur.
This sub-paragraph applies to changes of circumstance including those which do not need to be notified under paragraph 115 of this scheme.

(11)Where -
(a)the change of circumstances is one which is required to be notified under paragraph 115 of this scheme;
and
(b) it is notified more than a month after it occurs, or such longer period as may be allowed under Sub paragraph (12) and
(c ) the change of circumstance would increase the amount of Council Tax reduction the date on which the change was notified to the council will be treated as the date on which the change of
circumstances occurred.

(12) Where the council changes a reduction awarded under this scheme, and it is advantageous to the claimant, and the change is made because the reduction, or refusal to award a reduction, was made in ignorance of, or was based on a mistake as to, some material fact, the change shall take effect from the first day of the benefit week in which the council first has information which is sufficient to show that the original decision was made in ignorance of, or was based on a mistake as to, some material fact.

(13) Where sub-paragraph (11) of this paragraph applies, a longer period of time may be allowed for the notification of a change of circumstances in so far as it affects the effective date of the change where the
following provisions are satisfied -
(a) an application for the purposes sub-paragraph (12) must be made and shall -
(i) include any particulars of the change of circumstances and the reasons for the failure to notify the change at an earlier date; and
(ii) be made within 13 months of the date on which the change occurred.
(b) an application for the purpose of this sub-paragraph shall not be granted unless the council is satisfied that -
(i) it is reasonable to grant the application;
(ii) special circumstances are relevant and as a result of those special circumstances it was not possible for the claimant to notify the change of circumstances within one month of it occurring.
(c ) no account shall be taken of the claimant being unaware of, or misunderstanding, the rules of this scheme.

(14) Where a change of circumstances results in a reduction reducing or ceasing, and the change occurs because the original award was based on an error on the part of the council, and the person could not reasonably have been expected to realise that the award was incorrect, the council may alter or end the award from whatever date it deems appropriate.

(15) Where a person is in receipt of, or becomes entitled to, an award of Universal Credit and any income or capital used in the calculation of that award or the award of Universal Credit itself changes, any change in the amount of Local Council Tax Support payable, will always take effect from the Monday following the start of the appropriate assessment period.

(16) The authority will determine the start of the appropriate assessment period from which the Local Council Tax Support award will change. The council may also choose what the appropriate changes and assessment periods would be, to give effect to this change. This may include taking an average of the income and Universal Credit awards over a number of assessment periods that the council deems appropriate.

(17) Where a non-dependant is in receipt of Universal Credit and has earnings, and a change in the level of earnings used in the Universal Credit award would alter the amount of the non-dependant deduction, this will also take effect from the Monday following the start of the assessment period during which the earnings have changed.

(18) Where a person is in receipt of Universal Credit under the live service, and ceases to be entitled to Universal Credit because of the level of their earnings, they will continue to be treated as a Universal Credit claimant for any period for 6 months after the date the Universal Credit income becomes nil. In this case, any earnings, other income or capital used for any Universal Credit assessment will continue to be used in the claim for the duration of the Universal Credit assessment period and period thereafter, unless new evidence is provided or they become entitled to Universal Credit again within that period. Where a person is in receipt of Universal Credit under the live service and that entitlement ends for any other reason, the change of circumstances will take effect from the Monday following the date on which entitlement to Universal Credit ends.

(19) Where a person is no longer entitled to Universal Credit under the full digital service, the council will continue to use the earnings used in the assessment of the Universal Credit award, even if that award is nil. The change of circumstances will take effect from the Monday following the date on which they cease to be entitled to Universal Credit. Where that person subsequently makes a rapid reclaim to Universal Credit within 3 months of the award being nil, the council should reassess entitlement to Council Tax Support without the need for a new claim.

108

(1) Where a reduction has been incorrectly calculated to the effect that the person has received too large a reduction, or a reduction has been awarded to which there was no entitlement under this scheme, the council shall recalculate the correct amount of any reduction due up to the date the change takes effect, the council is notified or such other period as the council deems appropriate.

(2) Where too much reduction has been awarded at the fault of the council, and the claimant could not reasonably have been expected to realise, the council will consider whether the award should only be corrected from the date the change takes effect, the date the council is notified of the change , the date it is reassessed and or from any other date as appears appropriate..

(3) Nothing under this paragraph would allow the authority to award a greater reduction.

(4) Where further information is required from the claimant in order to calculate what the correct amount of reduction should have been, sufficient information must be received to allow the council to make a
recalculation within 31 days of any initial decision amending or altering the reduction.

(5) The council will determine what it considers to be sufficient information.