Community Charge Benefits (General) Regulations 1989
| Jurisdiction | UK Non-devolved |
| Citation | SI 1989/1321 |
| Year | 1989 |
1989 No. 1321
SOCIAL SECURITY
The Community Charge Benefits (General) Regulations 1989
Made28thJuly 1989
Coming into force for the purposes of regulations 1, 59 to 63, 92 and 93 for the purposes of regulations 1, 59 to 63, 92 and 93 for the purposes of regulations 1, 59 to 63, 92 and 9311thAugust 1989 for all other purposes for all other purposes for all other purposes1stApril 1990
ARRANGEMENT OF REGULATIONS
PART I
General
1. Citation and commencement
2. Interpretation
3. Remunerative work
PART II
Membership of a family
4. Persons of prescribed description
5. Circumstances in which a person is to be treated as responsible or not responsible for another
6. Circumstances in which a person is to be treated as being or not being a member of the household
PART III
Applicable amounts
7. Applicable amounts
8. Polygamous marriages
9. Patients
PART IV
Income and Capital
CHAPTER I: GENERAL
10. Calculation of income and capital of members of claimant's family and of a polygamous marriage
11. Amendment of section 31B(6) of the Act
CHAPTER II: INCOME
12. Calculation of income on a weekly basis
13. Average weekly earnings of employed earners
14. Average weekly earnings of self-employed earners
15. Average weekly income other than earnings
16. Calculation of weekly income
17. Disregard of changes in tax, contributions etc
CHAPTER III: EMPLOYED EARNERS
18. Earnings of employed earners
19. Calculation of net earnings of employed earners
CHAPTER IV: SELF-EMPLOYED EARNERS
20. Earnings of self-employed earners
21. Calculation of net profit of self-employed earners
22. Deduction of tax and contributions for self-employed earners
CHAPTER V: OTHER INCOME
23. Calculation of income other than earnings
24. Capital treated as income
25. Notional income
26. Modifications in respect of child and young person
CHAPTER VI: CAPITAL
27. Capital limit
28. Calculation of capital
29. Disregard of capital of child or young person
30. Income treated as capital
31. Calculation of capital in the United Kingdom
32. Calculation of capital outside the United Kingdom
33. Notional capital
34. Capital jointly held
35. Calculation of tariff income from capital
PART V
Students
CHAPTER I: GENERAL
36. Interpretation
37. Treatment of students
CHAPTER II: INCOME
38. Calculation of grant income
39. Calculation of covenant income where a contribution is assessed
40. Covenant income where no grant income or no contribution is assessed
41. Relationship with amounts to be disregarded under Schedule 3
42. Other amounts to be disregarded
43. Disregard of contribution
44. Income treated as capital
45. Disregard of changes occurring during summer vacation
PART VI
Amount of benefit
46. Maximum community charge benefit
47. Entitlement to more than one community charge benefit
48. Community charge benefits taper
49. Amount of community charge benefits for members of a couple
50. Amount of community charge benefits for members of a polygamous marriage
51. Amount of community charge benefits for partners of registered students
52. Minimum community charge benefit
PART VII
Benefit periods, changes of circumstances and calculation of weekly amounts
53. Date on which entitlement is to begin
54. Benefit period
55. Date on which benefit period is to end
56. Date on which change of circumstances is to take effect
57. Calculation of weekly amounts
58. Increases of weekly amounts for exceptional circumstances
PART VIII
Claims
59. Who may claim
60. Time and manner in which claims are to be made
61. Evidence and information
62. Amendment and withdrawal of claim
63. Duty to notify changes of circumstances
PART IX
Determination of Questions
64. Who is to make a determination
65. Notification of determinations
66. Time and manner of making notifications, requests or representations
67. Review of determinations
68. Requests for statement of reasons
69. Further review of determinations
70. Procedure on further review
71. Decisions upon further review
72. Effect of revising a determination
73. Correction of accidental errors in determinations and decisions
74. Setting aside of determinations and decisions on certain grounds
75. Provisions common to regulations 73 and 74
PART X
Awards or payments of benefits
76. Time and manner of granting community charge benefit in respect of personal community charges
77. Time and manner of granting community charge benefit in respect of collective community charge contributions
78. Person to whom benefit is to be paid
79. Shortfall in benefits
80. Withholding of benefit
81. Payment on death of the person entitled
82. Offsetting
PART XI
Excess benefits
83. Meaning of excess benefits
84. Recoverable excess benefits
85. Authority by which recovery may be made
86. Person from whom recovery may be sought
87. Methods of recovery
88. Further provision as to recovery of excess benefits
89. Diminution of capital
90. Sums to be deducted in calculating recoverable excess benefits
91. Recovery of excess benefits from prescribed benefits
PART XII
Information
92. Information to be supplied by the Secretary of State to an appropriate authority
93. Information to be supplied by an appropriate authority to the Secretary of State
SCHEDULES
Schedule 1 - Applicable amounts
Schedule 2 - Sums to be disregarded in the calculation of earnings
Schedule 3 - Sums to be disregarded in the calculation of income other than earnings
Schedule 4 - Capital to be disregarded
Schedule 5 - Matters to be included in the notice of determination
Schedule 6 - Constitution of Review Boards
Whereas a draft of this instrument was laid before Parliament in accordance with section 83(3) of the Social Security Act 1986 and approved by resolution of each House of Parliament-
Now therefore the Secretary of State for Social Security in exercise of powers conferred by sections 20(1)(d), (8F)(b), (9), (11), (12)(c), (k) and (l), 21(6)(c) and (7), 22, 22A(1), (4) to (8), 22B(3) and (4), 31A(1), (3) and (9), 31B(6)(b), 31C(1) to (3), 31D(1), (2), (3)(c), (4), (5)(b), (6) and (8), 31E(1) and (2), 31G(1) and (2), 51A(1)(a) to (c), (g) to (k), (kk), (l), (n), (o) and (oo) and 84(1) of the Social Security Act 1986 (a) and sections 165A(1) and 166(1) to (3A) of the Social Security Act 1975 (b) and of all other powers enabling him in that behalf, after consultation with organisations appearing to him to be representative of the authorities concerned (c) and after reference to the Social Security Advisory Committee (d), hereby makes the following Regulations:-
PART I
GENERAL
Citation and commencement
1. These Regulations may be cited as the Community Charge Benefits (General) Regulations 1989 and shall come into force for the purposes of regulations 1, 59 to 63, 92 and 93 on 11th August 1989 and for all other purposes on 1st April 1990.
Interpretation
2.-(1) In these Regulations, unless the context otherwise requires-
"the Act" means the Social Security Act 1986;
"the 1987 Act" means the Abolition of Domestic Rates Etc (Scotland) Act 1987 (e);
"the 1988 Act" means the Local Government Finance Act 1988 (f);
"appropriate authority" means-
(a) in England and Wales, the charging authority to which section 31B(2) of the Act (g) refers,
(b) in Scotland, the levying authority to which section 31B(3) of the Act refers;
"appropriate social security office" means an office of the Department of Social Security which is normally open to the public for the receipt of claims for income support and includes an office of the Department of Employment which is normally open to the public for the receipt of claims for unemployment benefit;
"assessment period" means such period as is prescribed in regulations 13 to 15 over which income falls to be calculated;
"attendance allowance" means-
(a) an attendance allowance under section 35 of the Social Security Act (h);
(b) an increase of disablement pension under section 61 of that Act (i);
(c) a payment under regulations made in exercise of the power conferred by section 159(3)(b) of that Act;
(d) an increase of an allowance which is payable in respect of constant attendance under section 5 of the Industrial Injuries and Diseases (Old Cases) Act 1975 (j);
(e) a payment by virtue of article 14, 15, 16, 43 or 44 of the Personal Injuries (Civilians) Scheme 1983 (k) or any analogous payment;
(f) any payment based on need for attendance which is paid as part of a war disablement pension;
"the benefit Acts" has the meaning assigned by section 84(1) of the Act;
"benefit period" has the meaning given to it in regulation 54;
"benefit week" means a period of 7 consecutive days commencing on a Monday and ending on a Sunday;
"boarder" means a person who pays a charge for his accommodation and at least some cooked or prepared meals which are both prepared and consumed in that accommodation or associated premises;
"charge payer" means the person specified in section 31A(7) of the Act (l);
"child" means a person under the age of 16;
"claim" means a claim for community charge benefits;
"claimant" means a person claiming community charge benefits;
"collective community charge contribution" means-
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