The Council Tax Benefit (General) Regulations 1992
Jurisdiction | UK Non-devolved |
Citation | SI 1992 Draft |
Year | 1992 |
Draft Regulations to be laid before Parliament under Schedule 9 paragraphs 11 and 26 of the Local Government Finance Act 1992 for approval by resolution of each House of Parliament.
1992No.
SOCIAL SECURITY
The Council Tax Benefit (General) Regulations 1992
1992
for the purposes ofregulations 1, 2, 61, 65, 92 and 93 for the purposes ofregulations 1, 2, 61, 65, 92 and 93 for the purposes ofregulations 1, 2, 61, 65, 92 and 93
17thAugust1992
for all other purposes for all other purposes for all other purposes
1stApril1993
ARRANGEMENT OF REGULATIONS
PART I
General
1. Citation and commencement
2. Interpretation
3. Definition of non-dependant
4. Remunerative work
PART II
Membership of a family
5. Persons of prescribed description for the definition of family in section 137(1) of the Contributions and Benefits Act 1992
6. Circumstances in which a person is to be treated as responsible or not responsible for another
7. Circumstances in which a person is to be treated as being or not being a member of the household
PART III
Applicable amounts
8. Applicable amounts
9. Polygamous marriages
10. Patients
PART IV
Income and Capital
CHAPTER I
General
11. Calculation of income and capital of members of claimant's family and of a polygamous marriage
12. Circumstances in which income of non-dependant is to be treated as claimant's
CHAPTER II
Income
13. Calculation of income on a weekly basis
14. Average weekly earnings of employed earners
15. Average weekly earnings of self-employed earners
16. Average weekly income other than earnings
17. Calculation of weekly income
18. Disregard of changes in tax, contributions etc
CHAPTER III
Employed Earners
19. Earnings of employed earners
20. Calculation of net earnings of employed earners
CHAPTER IV
Self-employed Earners
21. Earnings of self-employed earners
22. Calculation of net profit of self-employed earners
23. Deduction of tax and contributions for self-employed earners
CHAPTER V
Other Income
24. Calculation of income other than earnings
25. Capital treated as income
26. Notional income
27. Modifications in respect of child and young person
CHAPTER VI
Capital
28. Capital limit
29. Calculation of capital
30. Disregard of capital of child or young person
31. Income treated as capital
32. Calculation of capital in the United Kingdom
33. Calculation of capital outside the United Kingdom
34. Notional capital
35. Diminishing notional capital rule
36. Capital jointly held
37. Calculation of tariff income from capital
PART V
Students
CHAPTER I
General
38. Interpretation
39. Treatment of students
40. Students who are excluded from entitlement to council tax benefit
41. Further provision with respect to students entering the United Kingdom from abroad
CHAPTER II
Income
42. Calculation of grant income
43. Calculation of covenant income where a contribution is assessed
44. Covenant income where no grant income or no contribution is assessed
45. Relationship with amounts to be disregarded under Schedule 4
46. Other amounts to be disregarded
47. Treatment of student loans
48. Disregard of contribution
49. Income treated as capital
50. Disregard of changes occurring during summer vacation
PART VI
Amount of Benefit
51. Maximum council tax benefit
52. Non-dependant deductions
53. Council tax benefit taper
54. Alternative maximum council tax benefit
55. Residents of a dwelling to whom section 131(6) of the Contributions and Benefits Act 1992 does not apply
PART VII
Benefit periods and changes of circumstances and increases for exceptional circumstances
56. Date on which entitlement is to begin
57. Benefit period
58. Date on which benefit period is to end
59. Date on which change of circumstance is to take effect
60. Increases of weekly amounts for exceptional circumstances
PART VIII
Claims
61. Who may claim
62. Time and manner in which claims are to be made
63. Evidence and information
64. Amendment and withdrawal of claim
65. Duty to notify changes of circumstances
PART IX
Determination of questions
66. Who is to make a determination
67. Notification of determinations
68. Time and manner of making notifications, requests or representations
69. Review of determinations
70. Further review of determinations
71. Procedure on further review
72. Decisions upon further review
73. Effect of revising a determination
74. Correction of accidental errors in determinations and decisions
75. Setting aside of determinations and decisions on certain grounds
76. Provisions common to regulations 74 and 75
PART X
Awards or payments of benefit
77. Time and manner of granting council tax benefit
78. Person to whom benefit is to be paid
79. Shortfall in benefit
80. Withholding of benefit
81. Payment on death of the person entitled
82. Offsetting
PART XI
Excess benefit
83. Meaning of excess benefit
84. Recoverable excess benefit
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 benefit
89. Diminution of capital
90. Sums to be deducted in calculating recoverable excess benefit
91. Recovery of excess benefit 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. Amount of alternative maximum council tax benefit
Schedule 3. Sums to be disregarded in the calculation of earnings
Schedule 4. Sums to be disregarded in the calculation of income other than earnings
Schedule 5. Capital to be disregarded
Schedule 6. Matters to be included in the notice of determination
Schedule 7. Constitution of review boards
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), (l) and (m), and 175(3), (4) and (6) of the Social Security Contributions and Benefits Act 1992 ( a) sections 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 1992 ( b) as they have effect with respect to council tax benefit by virtue of section 103 and Schedule 9 to the Local Government Finance Act 1992 ( c) and 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 concerned ( d) , hereby makes the following Regulations-
(a) 1992 c.4.
(b) 1992 c.5.
(c) 1992 c.14.
(d) See section 176(1) of the Social Security Administration Act 1992, which was amended by the Local Government Finance Act 1992, Schedule 9 paragraph 23.
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 1983 ( a) or 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, daughter-in-law, step-parent, step-son, step-daughter, brother...
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