Council Tax Benefit (General) Regulations 1992
| Jurisdiction | UK Non-devolved |
| Citation | SI 1992/1814 |
| Year | 1992 |
1992 No. 1814
SOCIAL SECURITY
The Council Tax Benefit (General) Regulations 1992
Made 20th July 1992
Whereas a draft of this instrument was laid before Parliament in accordance with the Local Government Finance Act 1992, Schedule 9, paragraphs 11 and 26 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 123(1)(e), 131(1) to (3), (5), (7) and (10), 132(1), (3), (4), (7) and (8), 133(3) and (4), 134(1) 135(1), (2) and (6), 136, 137(1), (2)(c) to (f), (1) and (m), and 175(3), (4) and (6) of the Social Security Contributions and Benefits Act 19921sections 1(1), 6(1)(a) to (e), (f) to (m), (o) to (p) and (u), 63, 76(1) to (3), (6) and (8), 77(1), 128(1) and (2), 138(1) and (9), 139(6)(b) and 189(4) to (6) of the Social Security Administration Act 19922as they have effect with respect to council tax benefit by virtue of section 103 and Schedule 9 to the Local Government Finance Act 19923and of all other powers enabling him in that behalf by this instrument, which contains only provisions consequential on the Local Government Finance Act 1992 and is made before the end of the period of 6 months from the coming into force of that enactment and after consultation with organisations appearing to him to be representative of the authorities concerned4, hereby makes the following Regulations—
PART I
General
Citation and commencement
1. These Regulations may be cited as the Council Tax Benefit (General) Regulations 1992 and shall come into force—
(a) for the purposes of regulations 1, 2, 61 to 65, 92 and 93 on 17th August 1992;
(b) for all other purposes on 1st April 1993.
Interpretation
2.—(1) In these Regulations, unless the context otherwise requires—
“the 1992 Act” means the Local Government Finance Act 1992;
“the Administration Act 1992” means the Social Security Administration Act 1992;
“the Contributions and Benefits Act 1992” means the Social Security Contributions and Benefits Act 1992;
“alternative maximum council tax benefit” means the amount determined in accordance with regulation 54 and Schedule 2;
“appropriate authority” means—
(a) in England and Wales, the billing authority to which Part I of the 1992 Act refers,
(b) in Scotland, the levying authority to which Part II of the 1992 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 14 to 16 over which income falls to be calculated;
“attendance allowance” means—
(a) an attendance allowance under Part III of the Contributions and Benefits Act 1992;
(b) an increase of disablement pension under section 104 of that Act;
(c) a payment under regulations made in exercise of the power conferred by paragraph 7(2)(b) of Schedule 8 to that Act (constant attendance allowance);
(d) an increase of an allowance which is payable in respect of constant attendance under paragraph 4 of Schedule 8 to that Act;
(e) a payment by virtue of article 14, 15, 16, 43 or 44 of the Personal Injuries (Civilians) Scheme 19835or any analogous payment;
(f) any payment based on need for attendance which is paid as part of a war disablement pension;
“benefit period” has the meaning prescribed in regulation 57;
“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;
“child” means a person under the age of 16;
“claim” means a claim for council tax benefit;
“claimant” means a person claiming council tax benefit;
“close relative” means a parent, parent-in-law, son, son-in-law, daughter, daughterin-law, step-parent, step-ston, step-daughter, brother, sister or the spouse of any of the preceding persons or, if that person is one of an unmarried couple, the other member of that couple;
“community charge benefit” means the benefit to which section 123(1)(e) of the Contributions and Benefits Act 1992 refers;
“concessionary payment” means a payment made under arrangements made by the Secretary of State with the consent of the Treasury which is charged either to the National Insurance Fund or to a Departmental Expenditure Vote to which payments of benefit under the Contributions and Benefits Act 1992 are charged;
“council tax benefit” means council tax benefit under Part VII of the Contributions and Benefits Act 19926;
“designated office” means the office designated by the appropriate authority, by way of notice upon a form approved by them, for the purpose of claiming council tax benefit and for the receipt of claims to council tax benefit;
“disability living allowance” means a disability living allowance under Part III of the Contributions and Benefits Act 1992;
“disability working allowance” means a disability working allowance under section 123 of the Contributions and Benefits Act 1992;
“dwelling” has the same meaning as in section 3 or 72 of the 1992 Act;
“earnings” has the meaning prescribed in regulation 19 or, as the case may be, 21;
“eligible rent” shall be construed in accordance with regulation 10 of the Housing Benefit (General) Regulations 19877(rent);
“employed earner” is to be construed in accordance with section 2(1)(a) of the Contributions and Benefits Act 1992;
“family” has the meaning assigned to it by section 137(1) of the Contributions and Benefits Act 1992;
“housing benefit” means housing benefit under Part VII of the Contributions and Benefits Act 1992;
“invalid carriage or other vehicle” means a vehicle propelled by a petrol engine or by electric power supplied for use on the road and to be controlled by the occupant;
“lone parent” means a person who has no partner and who is responsible for and a member of the same household as a child or young person;
“married couple” has the meaning assigned to it by section 137(1) of the Contributions and Benefits Act 1992;
“member of a couple” means a member of a married or unmarried couple;
“mobility supplement” means a supplement to which paragraph 7 of Schedule 3 refers;
“net earnings” means such earnings as are calculated in accordance with regulation 20;
“net profit” means such profit as is calculated in accordance with regulation 22;
“non-dependant” has the meaning prescribed in regulation 3;
“occupational pension” means any pension or other periodical payment under an occupational pension scheme but does not include any discretionary payment out of a fund established for relieving hardship in particular cases;
“partner”, means—
(a) where a claimant is a member of a married or unmarried couple, the other member of that couple; or
(b) where a claimant is polygamously married to two or more members of his household, any such member to whom he is married;
“payment” includes part of a payment;
“person affected” means any person (including the appropriate authority) whose rights, duties or obligations are affected by a determination, whether or not on review, or by a decision on further review;
“person on income support” means a person in receipt of income support;
“policy of life insurance” means any instrument by which the payment of money is assured on death (except death by accident only) or by the happening of any contingency dependent on human life, or any instrument evidencing a contract which is subject to payment of premiums for a term dependent on human life;
“polygamous marriage” means a marriage to which section 133(1) of the Contributions and Benefits Act 1992 refers;
“qualifying person” means a person in respect of whom payment has been made from the Fund;
“remunerative work” has the meaning prescribed in regulation 4;
“resident” has the meaning as in Part I or II of the 1992 Act;
“review board” means a board constituted in accordance with regulation 70(3) and Schedule 7;
“second adult” has the meaning given to it in Schedule 2;
“self-employed earner” is to be construed in accordance with section 2(1)(b) of the Contributions and Benefits Act 1992;
“single claimant” means a claimant who neither has a partner nor is a lone parent;
“student” has the meaning prescribed in regulation 38;
“supplementary benefit” means a supplementary pension or allowance under section 1 or 4 of the Supplementary Benefit Act 19768;
“the Fund” means moneys made available from time to time by the Secretary of State for the benefit of persons eligible for payment in accordance with the provisions of a scheme established by him on 24th April 1992 or, in Scotland, on 10th April 1992;
“the Independent Living Fund” means the charitable trust established out of funds provided by the Secretary of State for the purpose of providing financial assistance to those persons incapacitated by or otherwise suffering from very severe disablement who are in need of such assistance to enable them to live independently;
“the Trusts” means
(a) “the Macfarlane Trust”, established partly out of funds provided by the Secretary of State to the Haemophilia Society, for the relief of poverty or distress among those suffering from haemophilia;
(b) “the Macfarlane (Special Payments) Trust” established on 29th January 1990 partly out of funds provided by the Secretary of State, for the benefit of certain persons suffering from haemophilia;
(c) “the Macfarlane (Special Payments) (No. 2) Trust”, established on 3rd May 1991 partly out of funds provided by the Secretary of State, for the benefit of certain persons suffering from haemophilia...
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