SCHEDULE 4 continued PART 1 continued
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the variation of any payment or instalment of a payment
which is required to be made under regulations under
section 99 of the 1988 Act (regulations about funds).
The Secretary of State may serve on a billing authority in England
a notice requiring it to supply to the Secretary of State such
information as is specified in the notice and required by the
Secretary of State for the purpose of exercising, or of deciding
whether to exercise, any function relating to schemes.
The authority must supply the information required if it is in its
possession or control, and must do so in such form and manner
and at such time as the Secretary of State specifies in the notice.
If an authority fails to comply with sub-paragraph (2), the
Secretary of State may exercise the function on the basis of such
assumptions and estimates as the Secretary of State thinks fit.
In exercising, or deciding whether to exercise, any function
relating to schemes, the Secretary of State may also take into
account any other available information, whatever its source and
whether or not obtained under a provision contained in or made
under this or any other Act.
In exercising any function relating to schemes, a billing authority
must have regard to any guidance issued by the Secretary of State.
The Secretary of State may by regulations make such transitional
provision regarding the commencement of schemes as the
Secretary of State thinks fit.
Such provision may include, in particular, provision for and in
connection with treating a person who is or was in receipt of
council tax benefit as having made an application for a reduction
under a scheme.”
2 The LGFA 1992 is amended as follows.
3 In section 10(1) (basic amount payable), for “13” substitute “13A”.
Section 66 (matters to be questioned only by judicial review) is amended as
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(2) After subsection (2)(b) insert—
a council tax reduction scheme, or any revision of such a
(3) In subsection (3), for “(b) to (e)” substitute “(b) or (c) to (e)”.
In section 67 (functions to be discharged only by authority), after subsection
“(aa) making or revising a council tax reduction scheme;”.
6 (1) Schedule 2 (administration) is amended as follows.
(2) After paragraph 14 insert—
This paragraph applies to information relating to any relevant
social security benefit which is held by—
(a) the Secretary of State, or
a person providing services to the Secretary of State in
connection with the provision of those services.
(2) Information to which this paragraph applies may be supplied—
to a billing authority in England, for use in the exercise of
any of its functions under Part 1, or
to a person authorised by such a billing authority to
exercise any such functions, for use in the exercise of those
(3) The Secretary of State—
may impose conditions on the use of information supplied
under sub-paragraph (2), and
may charge a reasonable fee in respect of the cost of
supplying information under that sub-paragraph.
Information supplied under sub-paragraph (2) must not be
supplied by the recipient to any other person or body unless it is
by a billing authority in England to a person authorised by
the authority to exercise any of its functions under Part 1,
by a person authorised to exercise any of the functions of
an authority under Part 1 to that authority, or
in accordance with regulations under paragraph 11, 16 or
17 of this Schedule.
This paragraph does not limit the circumstances in which
information may be supplied apart from this paragraph.
In this paragraph “relevant social security benefit” has the
meaning given by section 121DA(7) of the Social Security
Administration Act 1992.”
Paragraph 21 (application of Schedule to cases where section 13A applies) is
amended as follows.
(4) For sub-paragraph (1) substitute—
“(1) This paragraph applies where a billing authority—
(a) makes a council tax reduction scheme, or
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exercises the power under section 13A(1)(b) by
determining a class of case in which liability is to be
(5) In sub-paragraphs (2) and (3), after “Where” insert “the scheme or”.
Omit section 76 of the Local Government Act 2003 (insertion of section 13A
of the LGFA 1992).