The Council Tax Benefit (General) Amendment Regulations 1993

• Citation: S.I. 1993/688
• Sections: 26

Section 1 Citation, commencement and interpretation

(1) These Regulations may be cited as the Council Tax Benefit (General) Amendment Regulations 1993 and shall come into force on 1st April 1993 immediately after the coming into force of article 20 of the Social Security Benefits Up-rating Order 1993 .

(2) In these Regulations “the principal Regulations ” means the Council Tax Benefit (General) Regulations 1992 .

Section 2 Amendment of regulation 2 of the principal Regulations

(1) In regulation 2 of the principal Regulations (interpretation)—

(a) for the definition of “community charge benefit” there shall be substituted the following definition—

“community charge benefit” means community charge benefits under Part VII of the Contributions and Benefits Act 1992 as originally enacted ;

(b) the definition of “eligible rent” shall be omitted;

(c) after the definition of “lone parent” there shall be inserted the following definition—

“lower rate” where it relates to rates of tax has the same meaning as in the Income and Corporation Taxes Act 1988 by virtue of section 832(1) of that Act;

(d) after the definition of “remunerative work” there shall be inserted the following definition—

“rent” means “eligible rent” to which regulation 10 of the Housing Benefit (General) Regulations 1987 refers, less any deductions in respect of non-dependants which fall to be made under regulation 63 of those Regulations;

(e) for the definition of “water charges” there shall be substituted the following definition—

“water charges” means—

as respects England and Wales, any water and sewerage charges under Chapter 1 of Part V of the Water Industry Act 1991 ;

as respects Scotland, any water and sewerage charges under Schedule 11 to the 1992 Act;

in so far as such charges are in respect of the dwelling which a person occupies as his home;

(2) In regulation 2(2) for the words “In Schedule 5” there shall be substituted the words “In these Regulations,”.

Section 3 Amendment of regulation 10 of the principal Regulations

In regulation 10(1)(b) of the principal Regulations (applicable amounts for patients) for the words “regulation 8(a) or (c) or (d)” there shall be substituted the words “regulation 8(b) or (c) or (d)”.

Section 4 Amendment of regulation 18 of the principal Regulations

In regulation 18 of the principal Regulations (disregard of changes in tax, contributions etc. ) in paragraph (c)—

(a) for the words “weekly earnings figures” there shall be substituted the words “upper earnings limit”;

(b) for the words “that Act;” there shall be substituted the words “that Act, the lower or upper limits applicable to Class 4 contributions under that Act or the amount specified in section 11(4) of that Act (small earnings exception in relation to Class 2 contributions);”.

Section 5 Amendment of regulation 20 of the principal Regulations

In regulation 20(4)(a) of the principal Regulations (calculation of net earnings of employed earners)—

(a) for the words “the basic rate of tax” there shall be substituted the words “the lower rate or, as the case may be, the lower rate and the basic rate of tax”;

(b) after the words “less than a year,” there shall be inserted the words “the earnings to which the lower rate and, if appropriate, the basic rate of tax is to be applied and”.

Section 6 Amendment of regulation 21 of the principal Regulations

In regulation 21 of the principal Regulations (earnings of self-employed earners)—

(a) for the word “Earnings” there shall be substituted the words—

(1) Subject to paragraph (2), “earnings”

(b) after paragraph (1) there shall be added the following paragraph—

(2) Earnings shall not include any payment to which paragraph 25 of Schedule 4 refers (payments in respect of a person accommodated with the claimant under arrangements made by a local authority or voluntary organisation).

Section 7 Amendment of regulation 23 of the principal Regulations

In regulation 23(1) of the principal Regulations (deduction of tax for self-employed earners)—

(a) for the words “the basic rate of tax” there shall be substituted the words “the lower rate or, as the case may be, the lower rate and the basic rate of tax”;

(b) after the words “less than a year,” there shall be inserted the words “the earnings to which the lower rate and, if appropriate, the basic rate of tax is to be applied and”.

Section 8 Amendment of regulation 26 of the principal Regulations

In regulation 26 of the principal Regulations (notional income)—

(a) in paragraph (3)(a) for the words from “eligible rent” to “refers,” there shall be substituted the word “rent”;

(b) in paragraph (7)(a)—

(i) for the words “the basic rate of tax” there shall be substituted the words “the lower rate or, as the case may be, the lower rate and the basic rate of tax”;

(ii) after the words “less than a year” there shall be inserted the words “, the earnings to which the lower rate and, if appropriate, the basic rate of tax is to be applied and”.

Section 9 Amendment of regulation 27 of the principal Regulations

In regulation 27(2) of the principal Regulations (modifications in respect of child or young person) after the words “any income of that child or young person” there shall be inserted the words “, other than income consisting of any payment of maintenance, whether under a court order or not,”.

Section 10 Amendment of regulation 34 of the principal Regulations

In regulation 34(3) of the principal Regulations (notional capital), for the words from “eligible rent” to “refers,” there shall be substituted the word “rent”.

Section 11 Amendment of regulation 35 of the principal Regulations

(1) Regulation 35 of the principal Regulations (diminishing notional capital rule) shall be amended in accordance with the following provisions of this regulation.

(2) In paragraph (3)—

(a) at the end of sub-paragraph (d) for the words “(notional capital).” there shall be substituted the words “(notional capital); and”;

(b) after sub-paragraph (d) there shall be added the following sub-paragraph—

(e) where the claimant has also claimed disability working allowance, the amount of disability working allowance or any additional amount of that benefit to which he would have been entitled in respect of the benefit week to which paragraph (2) refers but for the application of regulation 37(1) of the Disability Working Allowance (General) Regulations 1991 (notional capital) .

(3) In paragraph (4)—

(a) at the end of sub-paragraph (c) the word “and” shall be omitted;

(b) at the end of sub-paragraph (d) for the words “obtained by 7.” there shall be substituted the words “obtained by 7; and”;

(c) after sub-paragraph (d) there shall be added the following sub-paragraph—

(e) if the claimant would, but for regulation 37(1) of the Disability Working Allowance (General) Regulations 1991 (notional capital), have been entitled to disability working allowance or to an additional amount of that benefit in respect of the benefit week within the meaning of regulation 38(8)(a) of those Regulations (diminishing notional capital rule), which includes the last day of the relevant week, an amount equal to—

(i) in a case where no disability working allowance is payable, the amount to which he would have been so entitled, or

(ii) in any other case, the additional amount of disability working allowance to which he would have been so entitled.

Section 12 Amendment of regulation 42 of the principal Regulations

In regulation 42(2)(g) of the principal Regulations (payments towards the cost of books to be disregarded from a student’s grant income) for the amount “£257” there shall be substituted the amount “£267”.

Section 13 Amendment of regulation 51 of the principal Regulations

In regulation 51(2)(b) of the principal Regulations (maximum council tax benefit) for the words “paragraph 6” there shall be substituted the words “paragraphs 6 and 7”.

Section 14 Amendment of regulation 52 of the principal Regulations

In regulation 52(9) of the principal Regulations (non-dependant deductions) for the words “any attendance allowance or disability living allowance received by him” there shall be substituted the words—

—

(a) any attendance allowance or disability living allowance received by him;

(b) any payment made under the Trusts, the Fund or the Independent Living Fund which had his income fallen to be calculated under regulation 24 (calculation of income other than earnings) would have been disregarded under paragraph 22 of Schedule 4 (income in kind); and

(c) any payment which had his income fallen to be calculated under regulation 24 would have been disregarded under paragraph 35 of Schedule 4 (payments made under certain trusts and certain other payments).

Section 15 Amendment of regulation 55 of the principal Regulations

In regulation 55 of the principal Regulations (residents of a dwelling to whom section 131(6) of the Contributions and Benefits Act 1992 does not apply)—

(a) in paragraph (b) for the words from “and neither member” to the end of the paragraph, there shall be substituted the words—

and—

(i) in the case of a couple, neither member of that couple is a person who, in accordance with Schedule 1 to the 1992 Act, falls to be disregarded for the purposes of discount, or

(ii) in the case of a polygamous marriage, two or more members of that marriage are not persons who, in accordance with Schedule 1 to the 1992 Act, fall to be disregarded for the purposes of discount;

(b) in paragraph (d) for the words from “where none or only one” to the end of the paragraph, there shall be substituted the words “and two or more of those persons are not persons who, in accordance with Schedule 1 to the 1992 Act, fall to be disregarded for the purposes of discount,”.

Section 16 Amendment of regulation 59 of the principal Regulations

In regulation 59(7) of the principal Regulations (date on which change of circumstances is to take effect) for the words “paragraph (2), (3), (5) or (6)” there shall be substituted the words “the appropriate paragraph from (2) to (6)”.

Section 17 Amendment of regulation 61 of the principal Regulations

In regulation 61(5) of the principal Regulations (appointment of persons to act on behalf of another) for the words “for the purposes of section 6(1)(g) of the Administration Act 1992” there shall be substituted the words “under regulation 33 of the Social Security (Claims and Payments) Regulations 1987 (persons unable to act) ”.

Section 18 Amendment of regulation 63 of the principal Regulations

In regulation 63(3) of the principal Regulations (evidence and information) after sub-paragraph (b) there shall be added the following sub-paragraph—

(c) a payment which is disregarded under regulation 52(9)(b) or (c) (non-dependant deductions) or paragraph 2(b) or (c) of Schedule 2 (second adult’s gross income) other than a payment under the Independent Living Fund.

Section 19 Amendment of regulation 66 of the principal Regulations

In regulation 66(2)(a) of the principal Regulations (authority not required to determine specified claims) for the words “regulation 61(8)” there shall be substituted the words “regulation 62(8)”.

Section 20 Amendment of regulation 70 of the principal Regulations

In regulation 70(4) of the principal Regulations (power for a housing benefit Review Board to review a determination in respect to council tax benefit) for the words “a Review Board appointed in accordance with that regulation” there shall be substituted the words “or a determination relating to community charge benefit in accordance with regulation 69 of the Community Charge Benefits (General) Regulations 1989 (further review of community charge benefit determinations), a Review Board appointed in accordance with either of those regulations”.

Section 21 Amendment of regulation 92 of the principal Regulations

Regulation 92 of the principal Regulations (information to be supplied by the Secretary of State to an appropriate authority) shall be renumbered regulation 92(1) and the following new paragraph shall be added—

(2) Except in the case of a non-dependant to whom paragraph (1)(j) refers, in this regulation “person” means a person by whom or in respect of whom a claim for council tax benefit has been made.

Section 22 Amendment of Schedule 1 to the principal Regulations

In Schedule 1 to the principal Regulations (applicable amounts)—

(a) in paragraph 11(3)—

(i) in head (c)(i) after the words “housing benefit” there shall be inserted the words “or, as the case may be, community charge benefit”;

(ii) in head (c)(ii), at the end there shall be added the words “or, as the case may be, paragraphs 11 and 13 of Schedule 1 to the Community Charge Benefits (General) Regulations 1989 ”;

(b) in paragraph 13(1)(b) for the words “sub-paragraph (b)” there shall be substituted the words “sub-paragraph (6)”.

Section 23 Amendment of Schedule 2 to the principal Regulations

In Schedule 2 to the principal Regulations (amount of alternative maximum council tax benefit)—

(a) in Column (1) paragraph (b) of the Table —

(i) for the words “does not exceed £105” there shall be substituted the words “is less than £105”, and

(ii) for the words “exceeds £105 per week but does not exceed £135 per week” there shall be substituted the words “is not less than £105 per week, but is less than £135 per week”;

(b) in paragraph 2 for the words from “any attendance allowance,” to the end of the paragraph there shall be substituted the words—

(a) any attendance allowance, or any disability living allowance under section 71 of the Contributions and Benefits Act 1992;

(b) any payment made under the Trusts, the Fund or the Independent Living Fund which had his income fallen to be calculated under regulation 24 (calculation of income other than earnings) would have been disregarded under paragraph 22 of Schedule 4 (income in kind); and

(c) any payment which had his income fallen to be calculated under regulation 24 would have been disregarded under paragraph 35 of Schedule 4 (payments made under certain trusts and certain other payments).

Section 24 Amendment of Schedule 3 to the principal Regulations

In Schedule 3 to the principal Regulations (sums to be disregarded in the calculation of earnings)—

(a) in paragraph 3(4)(c) for the words “sub-paragraph (2)” there shall be substituted the words “sub-paragraph (2) or (3)”;

(b) after paragraph 4 there shall be inserted the following paragraphs—

(4A)

(1) In a case to which neither paragraph 3 nor paragraph 4 applies to the claimant and, subject to sub-paragraph (2), where the claimant’s applicable amount includes an amount by way of the carer premium under Schedule 1 (applicable amounts), £15 of the earnings of the person who is, or at any time in the preceding 8 weeks was, in receipt of invalid care allowance or treated in accordance with paragraph 16(1) of that Schedule as being in receipt of invalid care allowance.

(2) Where the carer premium is awarded in respect of the claimant and of any partner of his, their earnings shall for the purposes of this paragraph be aggregated, but the amount to be disregarded under this paragraph shall not exceed £15 of the aggregated amount.

(4B) Where the carer premium is awarded in respect of a claimant who is a member of a couple and whose earnings are less than £15, but is not awarded in respect of the other member of the couple, and that other member is engaged in an employment—

(a) specified in paragraph 6(1), so much of the other member’s earnings as would not when aggregated with the amount disregarded under paragraph 4A exceed £15;

(b) other than one specified in paragraph 6(1), so much of the other member’s earnings from such other employment up to £10 as would not, when aggregated with the amount disregarded under paragraph 4A, exceed £15.

(c) in paragraph 5 for the words “paragraph 3 does not apply” there shall be substituted the words “paragraphs 3, 4A and 4B do not apply”;

(d) in paragraph 6(1) for the words “in which neither paragraph 3 nor 4” there shall be substituted the words “where paragraphs 3, 4, 4A and 4B do not apply”;

(e) in paragraph 9 for the words “paragraph 17, 18 or 28” there shall be substituted the words “paragraph 17 or 18”.

Section 25 Amendment of Schedule 4 to the principal Regulations

In Schedule 4 to the principal Regulations (sums to be disregarded in the calculation of income other than earnings)—

(a) in paragraph 13(2) for the words “eligible rent” there shall be substituted the word “rent”;

(b) for paragraph 15(2) there shall be substituted the following sub-paragraphs—

(2) Income derived from capital disregarded under paragraph 2, 4, or 24 to 27 of Schedule 5, but only to the extent of—

(a) any mortgage repayments made in respect of the dwelling or premises in the period during which that income accrued; or

(b) any council tax or water charges which the claimant is liable to pay in respect of the dwelling or premises and which are paid in the period during which that income accrued.

(3) The definition of “water charges” in regulation 2(1) shall apply to sub-paragraph (2) with the omission of the words “in so far as such charges are in respect of the dwelling which a person occupies as his home”

(c) paragraph 28 shall be omitted;

(d) after paragraph 48 the following paragraphs shall be added—

(49) Any guardian’s allowance.

(50) Any community charge benefit.

Section 26 Amendment of Schedule 5 to the principal Regulations

In Schedule 5 to the principal Regulations (capital to be disregarded)—

(a) in paragraph 8 after sub-paragraph (b) the following sub-paragraph shall be inserted—

(c) any mobility allowance under section 37A of the Social Security Act 1975 ,

(b) after paragraph 43 the following paragraphs shall be added—

(44) Any community charge benefit.

(45)

(1) Subject to sub-paragraph (2), where a claimant satisfies the conditions in section 131(3) and (6) of the Contributions and Benefits Act 1992 (entitlement to the alternative maximum council tax benefit), the whole of his capital.

(2) Where in addition to satisfying the conditions in section 131(3) and (6) of the Contributions and Benefits Act 1992 the claimant also satisfies the conditions in section 131(4) and (5) of that Act (entitlement to the maximum council tax benefit), sub-paragraph (1) shall not have effect.