Council tax benefit backdating regulations
So if in a couple one member is eligible for HB/CTR and the other is not the eligible member should make the claim.
Provided the eligible member makes the claim the award is calculated in the normal way and is not adjusted to take account of the fact that one member is ineligible, except that any income and capital the ineligible member possesses is still taken into account together with that of their partner.
HB 82(1); HB60 63(1); CTPE schedule 8 paragraph 4(1); CTRE 109(1); CTPW schedule 13 paragraph 1(1); CTRW 107(1).
There is no rule in HB law to exclude dependant children from being counted as part of the claimant's household even if they are subject to immigration control and do not have leave to enter the UK. Unlike rules for homelessness assistance there is no equivalent concept of a 'restricted person' even if no award would be made if the claimant had no dependents (e.g.
For ease of reference the law below relates to HB – the equivalent CTR regulation is provided at the end of the relevant section.
In both England and Wales each authority must publish the scheme rules that apply in its area.
In the case of refugees the Home Office screening interview is shared with the DWP to enable a national insurance number to be allocated – although this procedure does not always work perfectly.
In addition, a claim for HB should be treated as an application for a NINO.
The requirement to have a NINO or to have applied for one is absolute.
For HB claims in these circumstances the DWP advises local authorities that they should assign a dummy number: HB Guidance Manual part D1 (paragraphs D1.284-287).
However, it is not necessarily safe to claim in these circumstances: see the next section on claims by couples.