Gateshead Council Local Council Tax Support Scheme 2024/25

Part 1 - Applications

Procedure by which a person may apply for a reduction under this scheme

1. Paragraphs 2 to 7 apply to an application for a reduction under an authority's scheme.

2. An application may be made—
(a) by means of an electronic communication in accordance with Part 4 of this Schedule, or
(b) (where the authority has published a telephone number for the purpose of receiving such
applications) by telephone.
(c) in writing,

3.—(1) An application which is made in writing must be made to the offices of the authority on a properly completed form.

(2) The form will be provided free of charge by the authority for the purpose.

(3) The council can treat as an application any other such written application, or completed form as it deems
appropriate, including any form completed for the purposes of applying for housing benefit, jobseeker's
allowance, income support, employment and support allowance and Universal Credit.

4. Where an application made in writing is defective because—
(a) it was made on the form supplied for that purposes but that form has not been properly completed;
or
(b) if it is made in writing, but not on the form approved for the purpose and the authority does not accept the application as being in a written form which is sufficient in the circumstances of the case, having regard to the sufficiency of the information and evidence, the authority may, in a case to which sub-paragraph (a) applies, request the applicant to complete the defective application or in the case to which sub-paragraph (b) applies, supply the applicant with the form or request further information or evidence.

(2) An application made on a form provided by the authority is properly completed if completed in accordance with the instructions on the form, including any instructions to provide information and evidence in connection with the application.

5. (1) If an application made by electronic communication is defective the authority must provide the person making the application with an opportunity to correct the defect.

(2) An application made by electronic communication is defective if the applicant does not provide all the information the authority requires

6. In a particular case the authority may determine that an application made by telephone is only valid if the person making the application approves a written statement of his circumstances provided by the authority.

7.—(1) If an application made by telephone is defective the authority will provide the person making the application with an opportunity to correct the defect.

(2) An application made by telephone is defective if the applicant does not provide all the information the authority requests during the telephone call.

Part 2 - Appeals

Procedure by which a person may make an appeal against certain decisions of the authority

8.—(1) A person who is aggrieved by a decision of the authority which affects -
(a) the person's entitlement to a reduction under this scheme, or
(b) the amount of any reduction under this scheme may serve a written notice on the authority stating the matter by which, and the grounds on which, he is aggrieved.

(2) The authority must —
(a) consider the matter to which the notice relates;
(b) notify the aggrieved person in writing—
(i) that the ground is not well founded, giving reasons for that belief; or
(ii) that steps have been taken to deal with the grievance, stating the steps taken.

(3) Where, following notification under sub-paragraph (8)(b)(i) or (ii), the person is still aggrieved, or if the authority fails to notify the person aggrieved in accordance with sub-paragraph (8)(b) within two months of the service of his notice, he may appeal to the valuation tribunal under section 16 of the 1992 Act.

Part 3 - Discretionary reductions

Procedure for an application to the authority under section 13A(1)(c) of the 1992 Act

9.(1)An application to the authority for a reduction under section 13A(1)(c) of the 1992 Act must be made—
(a) in writing,
(b) by means of an electronic communication in accordance with Part 4 of this Schedule.
(c) where the authority has published a telephone number for the purposes of receiving such applications, by telephone.

(2) Where—
(a) the authority has made a determination under section 13A(1)(c) in relation to a class of case in which liability is to be reduced; and
(b) a person in that class would otherwise be entitled to a reduction under this scheme, that person's application for a reduction under this scheme may also be treated as an application for a reduction under section 13A(1)(c).

Part 4 - Electronic communication

Interpretation

10. In this Part -
"information" includes an application, certificate, notice or other evidence;
"official computer system" means a computer system maintained by or on behalf of the authority for sending, receiving, processing or storing of any claim, certificate, notice, information or evidence.

Conditions for the use of electronic communication

11.—(1) The authority may use an electronic communication in connection with claims for, and awards of, benefit under this scheme.

(2) A person other than the authority may use an electronic communication in connection with the matters
referred to in sub-paragraph (1) if the conditions specified in sub-paragraphs (3) to (6) are satisfied.

(3) The first condition is that the person is for the time being permitted to use an electronic communication by an authorisation given by means of a direction of the Chief Executive of the authority.

(4) The second condition is that the person uses an approved method of—
(a) authenticating the identity of the sender of the communication;
(b) electronic communication;
(c) authenticating any claim or notice delivered by means of an electronic communication; and
(d) subject to sub-paragraph (7), submitting to the authority any claim, certificate, notice, information or evidence.

(5) The third condition is that any claim, certificate, notice, information or evidence sent by means of an electronic communication is in a form approved for the purposes of this Part .

(6) The fourth condition is that the person maintains such records in written or electronic form as may be specified in a direction given by the Chief Executive of the authority.

(7) Where the person uses any method other than the method approved of submitting any claim, certificate, notice, information or evidence, that claim, certificate, notice, information or evidence shall be treated as not having been submitted.

(8) In this paragraph "approved" means approved by means of a direction given by the Chief Executive of the authority for the purposes of this Part.

Use of intermediaries

12. The authority may use intermediaries in connection with—
(a) the delivery of any claim, certificate, notice, information or evidence by means of an electronic communication; and
(b) the authentication or security of anything transmitted by such means, and may require other persons to use intermediaries in connection with those matters.

Effect of delivering information by means of electronic communication

13.—(1) Any claim, certificate, notice, information or evidence which is delivered by means of an electronic communication shall be treated as having been delivered in the manner or form required by any provision of this scheme, on the day the conditions imposed—
(a) by this Part; and
(b) by or under an enactment, are satisfied.

(2) The authority may determine that any claim, certificate, notice, information or evidence is to be treated as delivered on a different day (whether earlier or later) from the day provided for in sub-paragraph (1).

(3) Information shall not be taken to have been delivered to an official computer system by means of an electronic communication unless it is accepted by the system to which it is delivered.

Proof of identity of sender or recipient of information

14. If it is necessary to prove, for the purpose of any legal proceedings, the identity of—
(a) the sender of any claim, certificate, notice, information or evidence delivered by means of an electronic communication to an official computer system; or
(b) the recipient of any such claim, certificate, notice, information or evidence delivered by means of an electronic communication from an official computer system, the sender or recipient, as the case may be, shall be presumed to be the person whose name is recorded as such on that official computer system.

Proof of delivery of information

15.—(1) If it is necessary to prove, for the purpose of any legal proceedings, that the use of an electronic communication has resulted in the delivery of any claim, certificate, notice, information or evidence this shall be presumed to have been the case where—
(a) any such claim, certificate, notice, information or evidence has been delivered to the relevant authority, if the delivery of that claim, certificate, notice, information or evidence has been recorded on
an official computer system; or
(b) any such claim, certificate, notice, information or evidence has been delivered by the relevant authority, if the delivery of that certificate, notice, information or evidence has been recorded on an official computer system.

(2) If it is necessary to prove, for the purpose of any legal proceedings, that the use of an electronic communication has resulted in the delivery of any such claim, certificate, notice, information or evidence, this
shall be presumed not to be the case, if that claim, certificate, notice, information or evidence delivered to the relevant authority has not been recorded on an official computer system.

(3) If it is necessary to prove, for the purpose of any legal proceedings, when any such claim, certificate, notice, information or evidence sent by means of an electronic communication has been received, the time and date of receipt shall be presumed to be that recorded on an official computer system.

Proof of content of information

17. If it is necessary to prove, for the purpose of any legal proceedings, the content of any claim, certificate, notice, information or evidence sent by means of an electronic communication, the content shall be presumed to be that recorded on an official computer system.