The Council Tax Benefit (General) Regulations 1992

JurisdictionUK Non-devolved
CitationSI 1992 Draft
Year1992

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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