Housing Benefit/ Council Tax Support

Does someone know if the law has changed on the validity of paper claims?  I’m sorry to be lazy and not look it up!  We have older people who are being told they must claim online for HB.  I know councils set their own rules for CT support.  I thought UC was the only benefit for which you could not, by law, make a paper claim.  I’d be grateful if someone could remind me so we can advise accordingly.  Thank you.

There is nothing that specifically says a Council may refuse to accept paper claims.  The structure of the legislation suggests a presumption in favour of paper because electronic claims cannot be accepted unless the Council has adopted a procedure for accepting electronic claims.

HB Reg 83(1)  says a claim must be in writing on a form approved for that purpose by the Council, or in such other written form as they are prepared to accept in a particular case.  Forms must be provided free of charge.  Separately and additionally Reg 83A provides for claims to be made electronically if the Council adopts a procedure under Schedule 11.  I think this means Reg 83 is describing paper forms and that it is therefore arguably unlawful for the Council not to make such forms available to those who require them.  Electronic claims are a subset of written claims generally but cannot completely replace paper written forms in my view.

There is no longer an official HCTB1 download, but you can still find specimens dotted around the web here and there - for example this one.  If the claimant presents one of these at reception it will have to be acknowledged in some way and will stand as the date of claim if nothing else.

Thank you for your prompt reply, I take it to mean that if someone wishes to claim online they can, but a paper claim is still legal - online being an option, not an obligation.

For Council Tax Reduction, local authorities have to provide a form. See Schedue 7 The Council Tax Reduction Schemes (Prescribed Requirements) (England) Regulations 2012.