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The Secretary of State, in exercise of the powers conferred upon him by the provisions specified in Schedule 1 to this Instrument and of all other powers enabling him in that behalf, after consultation with organisations appearing to him to be representative of the authorities concerned[1], by this Instrument, which contains only regulations made by virtue of or consequential upon paragraph 3 of Schedule 2 to, and in so far as it relates to that paragraph section 14 of, the State Pension Credit Act 2002[2] and which is made before the end of the period of 6 months beginning with the coming into force of those provisions[3], hereby makes the following Regulations: Citation, commencement and interpretation 1. - (1) These Regulations may be cited as the Housing Benefit and Council Tax Benefit (State Pension Credit) Regulations 2003 and shall come into force -
(b) for all other purposes, on 6th October 2003.
(2) In these Regulations -
(b) in the case of a man, the age which is pensionable age in the case of a woman born on the same day as the man;
(3) In Part 5 of these Regulations, references in any provision inserted -
(b) in the Council Tax Benefit Regulations to a regulation of or Schedule to those Regulations is to those provisions as modified or amended by these Regulations.
Housing Benefit Regulations 2. - (1) The Housing Benefit Regulations shall have effect, except where paragraph (2) applies, in relation to any person who has attained the qualifying age for state pension credit subject to the modifications set out in this Part, Part 4 and Schedule 2. (2) This paragraph applies if the claimant or, if the claimant has a partner, his partner, is a person on income support or on an income-based jobseeker's allowance within the meaning of the Housing Benefit Regulations[6]. (3) In this Part, references to regulations and Schedules are, unless the context otherwise requires, references to regulations of and Schedules to the Housing Benefit Regulations. Interpretation 3. - (1) In regulation 2 (interpretation), in paragraph (1) -
(b) in relation to any other income, in accordance with regulation 28 for the purpose of calculating the weekly income of the claimant;";
(b) for the definition of "the benefit Acts", substitute -
(2) In that regulation, after paragraph (4A)[11], insert -
Modification of regulation 5
Applicable amounts
16. - (1) Subject to regulations 69 and 70 and Schedule A1 (calculation of weekly amounts, rent free periods and treatment of claims for housing benefit by refugees), the applicable amount of a claimant who has attained or whose partner has attained the qualifying age for state pension credit shall be the aggregate of such of the following amounts as apply in his case -
(b) an amount in respect of any child or young person who is a member of his family, determined in accordance with paragraph 2 of that Schedule; (c) if he is a member of a family of which at least one member is a child or young person, an amount determined in accordance with paragraph 3(1) of Part II of that Schedule (family premium); (d) if he is a member of a family of which one member is a child under the age of one year, an additional amount determined in accordance with paragraph 3(2) of Part II of that Schedule; (e) the amount of any premiums which may be applicable to him, determined in accordance with Parts III and IV of that Schedule (premiums).
(2) Paragraph (3) applies in the case of -
(b) a claimant who has a partner one or both of whom; or (c) a claimant who is a member of a polygamous marriage one or more of whose members,
is or are a patient, and has or have been a patient for a period exceeding 13 weeks but not exceeding 52 weeks, or, in exceptional circumstances, is unlikely to substantially exceed 52 weeks ("long term patient").
(b) has a partner and either the claimant or his partner is a long term patient, the applicable amount determined in accordance with paragraph (1) shall be reduced by an amount equal to 20 per cent. of the weekly rate of the basic pension for the time being specified in section 44(4) of the Contributions and Benefits Act ("the standard reduction"); (c) has a partner and both the claimant and his partner are long term patients, the applicable amount determined in accordance with paragraph (1) shall be reduced by an amount equal to twice the sum of the standard reduction; (d) is a member of a polygamous marriage and one or more members of the marriage are long term patients, the applicable amount determined in accordance with paragraph (1) shall be reduced by an amount equal to the standard reduction multiplied by the number of members who are long term patients.
(4) Any calculation made for the purposes of sub-paragraphs (2) and (3) shall be rounded to the nearest 5 pence, 2.5 pence being rounded to the next 5 pence above.
(2) After Schedule 2 insert - 1. The amount specified in column (2) below in respect of each person or couple specified in column (1) shall be the amount specified for the purposes of regulation 16 -
2. - (1) The amounts specified in column (2) below in respect of each person specified in column (1) shall, for the relevant period specified in column (1), be the amounts specified for the purposes of regulation 16(1)(b) -
(2) In column (1) of the Table above, "the first Monday in September" means the Monday which first occurs in the month of September in any year. 3. - (1) The amount for the purposes of regulation 16(1)(c) and (d) in respect of a family of which at least one member is a child or young person shall be £15.75. (2) The amount specified in sub-paragraph (1) shall be increased by £10.45 where at least one child is under the age of one year and for the purposes of this sub-paragraph where that child's first birthday does not fall on a Monday he shall be treated as under the age of one year until the first Monday after his first birthday. 4. The premiums specified in Part IV shall, for the purposes of regulation 16(1)(e), be applicable to a claimant who satisfies the condition specified in this Part in respect of that premium. 5. - (1) Subject to sub-paragraph (2), for the purposes of this Part of this Schedule, once a premium is applicable to a claimant under this Part, a person shall be treated as being in receipt of any benefit for -
(b) any period spent by a person in undertaking a course of training or instruction provided or approved by the Secretary of State under section 2 of the Employment and Training Act 1973[15], or by Scottish Enterprise or Highlands and Islands Enterprise under section 2 of the Enterprise and New Towns (Scotland) Act 1990[16] or for any period during which he is in receipt of a training allowance.
(2) For the purposes of the carer premium under paragraph 9, a person shall be treated as being in receipt of a carer's allowance under section 70 of the Contributions and Benefits Act by virtue of sub-paragraph (1)(a) only if and for so long as the person in respect of whose care the allowance has been claimed remains in receipt of attendance allowance, or the care component of disability living allowance at the highest or middle rate prescribed in accordance with section 72(3) of the Contributions and Benefits Act.
(ii) subject to sub-paragraph (6), he has no non-dependants aged 18 or over normally residing with him or with whom he is normally residing; and (iii) no person is entitled to, and in receipt of, a carer's allowance in respect of caring for him;
(b) in the case of a claimant who has a partner -
(ii) his partner is also in receipt of such an allowance or, if the claimant is a member of a polygamous marriage one or more of the other members of the marriage are in receipt of such an allowance; and (iii) subject to sub-paragraph (6), the claimant has no non-dependants aged 18 or over normally residing with him or with whom he is normally residing,
and either a person is entitled to and in receipt of a carer's allowance in respect of caring for only one of the couple or, if he is a member of a polygamous marriage, for one or more but not all the members of the marriage, or as the case may be, no person is entitled to and in receipt of such an allowance in respect of caring for either member of a couple or any of the members of the marriage.
(3) Where a claimant has a partner who does not satisfy the condition in sub-paragraph (2)(b)(ii), and that partner is blind or is treated as blind within the meaning of sub-paragraph (4), that partner shall be treated for the purposes of sub-paragraph (2) as if he were not a partner of the claimant.
(b) a person who is blind or is treated as blind within the meaning of sub-paragraphs (4) and (5).
(7) For the purposes of sub-paragraph (2)(b), a person shall be treated -
(b) as being entitled to and in receipt of a carer's allowance if he would, but for the person for whom he was caring being a patient in hospital for a period exceeding 28 days, be so entitled and in receipt.
(8) For the purposes of sub-paragraph (2)(a)(iii) and (2)(b) -
(b) references to a person being in receipt of a carer's allowance shall include references to a person who would have been in receipt of that allowance but for the application of a restriction under section 7 of the Social Security Fraud Act 2001[18] (loss of benefit).
Enhanced disability premium
(b) is blind within the meaning of paragraph 6(4) or is treated as blind in accordance with paragraph 6(5).
Carer premium
(b) the person in respect of whom the premium was awarded ceases to be entitled, or ceases to be treated as entitled, to a carer's allowance,
this paragraph shall be treated as satisfied for a period of eight weeks from the relevant date specified in sub-paragraph (3).
(b) where head (a) above does not apply, the date on which that person who was entitled to a carer's allowance ceases to be entitled to it.
(4) For the purposes of this paragraph, a person shall be treated as being entitled to and in receipt of a carer's allowance for any period not covered by an award but in respect of which a payment is made in lieu of an award.
(b) after paragraph (3), add the following paragraph -
Income and capital Calculation of income and capital 21. The income and capital of -
(b) any partner of the claimant,
shall be calculated in accordance with the rules set out in this Chapter; and any reference in this Part to the claimant shall apply equally to any partner of the claimant.
(b) if sub-paragraph (a) does not apply, within the two working days following the day he receives information from the relevant authority that the claimant or his partner has claimed housing benefit, or as soon as reasonably practicable thereafter.
(3) The details provided by the Secretary of State shall include the amount taken into account in that determination in respect of the net income of the person claiming state pension credit.
(b) in respect of any dependent children of the claimant, any of the following -
(ii) child tax credit; (iii) childcare charges taken into account under regulation 26(1)(c); (iv) payments of child special allowance under the Contributions and Benefits Act;
(c) the higher amount disregarded under these Regulations in respect of -
(ii) widowed mother's allowance; (iii) widowed parent's allowance; (iv) payments of maintenance, whether under a court order or not, which is made or due to be made by -
(bb) the parent of a child or young person where that child or young person is a member of the claimant's family except where that parent is the claimant or the claimant's partner; or
(v) the disregard of the 30 hour element of working tax credit referred to in regulation 20(1)(c) of the Working Tax Credit (Entitlement and Maximum Rate) Regulations 2002[19];
(d) the income and capital of any partner of the claimant who is treated as a member of the claimant's household under regulation 15, to the extent that it is not taken into account in determining the net income of the person claiming state pension credit;
(5) Regulations 25 to 44 shall not apply to the amount of the net income to be taken into account by the local authority under paragraph (1), but shall apply (so far as relevant) for the purpose of determining any modifications which fall to be made to that amount under paragraph (4).
(b) subsequent to that determination, the claimant's capital rises to more than £16,000; and (c) the increase occurs whilst there is in force an assessed income period within the meaning of sections 6 and 9 of the State Pension Credit Act.
Persons who have attained the qualifying age for state pension credit
(b) working tax credit and child tax credit[20]; (c) retirement pension income within the meaning of the State Pension Credit Act[21]; (d) income from annuity contracts (other than retirement pension income); (e) a war disablement pension or war widow's or widower's pension; (f) a foreign war disablement pension or war widow's or widower's pension; (g) income from capital, other than capital disregarded under Schedule 5ZA; (h) social security benefits, other than retirement pension income or any of the following benefits -
(ii) attendance allowance payable under section 64 of the Contributions and Benefits Act; (iii) an increase of disablement pension under section 104 or 105 of that Act; (iv) a payment under regulations made in exercise of the power conferred by paragraph 7(2)(b) of Part II of Schedule 8 to that Act[22]; (v) an increase of an allowance payable in respect of constant attendance under paragraph 4 of Part I of Schedule 8 to that Act; (vi) any guardian's allowance payable under section 77 of that Act; (vii) any increase for a dependant, other than the claimant's partner, payable in accordance with Part IV of that Act; (viii) any social fund payment made under Part VIII of that Act; (ix) Christmas bonus payable under Part X of that Act; (x) housing benefit; (xi) council tax benefit; (xii) bereavement payment[23]; (xiii) statutory sick pay; (xiv) statutory maternity pay; (xv) statutory paternity pay payable under Part 12ZA of that Act[24]; (xvi) statutory adoption pay payable under Part 12ZB of that Act[25]; (xvii) any benefit similar to those mentioned in the preceding provisions of this paragraph payable under legislation having effect in Northern Ireland;
(i) all foreign social security benefits which are similar to the social security benefits prescribed above;
(ii) under an agreement for maintenance; or (iii) voluntarily;
(n) payments due from any person in respect of board and lodging accommodation provided by the claimant;
(2) For the purposes of these Regulations, a claimant's capital, other than capital disregarded under Schedule 5ZA, shall be treated as if it were a weekly income -
(b) in any other case, of £1 for each £500 in excess of £6,000 and £1 for any excess which is not a complete £500.
(3) Where the payment of any social security benefit prescribed under paragraph (1) is subject to any deduction (other than an adjustment specified in paragraph (4)) the amount to be taken into account under paragraph (1) shall be the amount before the deduction is made.
(b) the Social Security (Hospital In-Patients) Regulations 1975[35]; (c) section 30DD or section 30E of the Contributions and Benefits Act[36] (reductions in incapacity benefit in respect of pensions and councillor's allowances).
(5) This paragraph applies to accommodation provided -
(b) in an establishment run by the Abbeyfield Society (including all bodies corporate or incorporate which are affiliated to the Society); (c) under section 3 of, and Part II of the Schedule to, the Polish Resettlement Act 1947[37] (provision of accommodation) where the claimant requires personal care; (d) under sections 21 to 24 of the National Assistance Act 1948[38] (provision of accommodation), or, in Scotland, under section 13B or 59 of the Social Work (Scotland) Act 1968[39] or section 7 of the Mental Health (Scotland) Act 1984[40] (functions of local authorities) where -
(ii) the claimant occupies the accommodation other than on a temporary basis.
(6) For the purposes of paragraph (5), a person shall be treated as residing permanently in the accommodation -
(b) if it is accommodation to which paragraph (5)(c) applies -
(ii) if he, with the agreement of the manager of the home, intends to return to it in due course.
Calculation of income on a weekly basis
(b) by adding to that amount the weekly income calculated under regulation 25(2); (c) by then deducting any relevant child care charges to which regulation 27 (treatment of child care charges) applies from any earnings which form part of the average weekly income or, in a case where the conditions in paragraph (2) are met, from those earnings plus whichever credit specified in sub-paragraph (b) of that paragraph is appropriate, up to a maximum deduction in respect of the claimant's family of whichever of the sums specified in paragraph (3) applies in his case.
(2) The conditions of this paragraph are that -
(b) that claimant or, if he is a member of a couple either the claimant or his partner, is in receipt of working tax credit or child tax credit.
(3) The maximum deduction to which paragraph (1)(c) above refers shall be -
(b) where the claimant's family includes more than one child in respect of whom relevant child care charges are paid, £140 per week.
Treatment of child care charges
(b) is a member of a couple both of whom are engaged in remunerative work; or (c) is a member of a couple where one member is engaged in remunerative work and the other member is incapacitated.
(2) Relevant child care charges are those charges for care to which paragraphs (3) and (4) apply, and shall be estimated on a weekly basis in accordance with paragraph (7).
(b) in the case of any child of the claimant's family who is disabled, in respect of the period beginning on that person's date of birth and ending on the day preceding the first Monday in September following that person's sixteenth birthday.
(4) The charges are paid for care which is provided by one or more of the care providers listed in paragraph (5) and are not paid -
(b) by a claimant to a partner or by a partner to a claimant in respect of any child for whom either or any of them is responsible in accordance with regulation 19 (circumstances in which a person is treated as responsible or not responsible for another).
(5) The care to which paragraph (4) refers may be provided -
(b) out of school hours, by a school on school premises or by a local authority -
(ii) for children who are disabled in respect of the period beginning on their eighth birthday and ending on the day preceding the first Monday in September following their sixteenth birthday;
(c) by a child care scheme operating on Crown property where registration under section 71 of the Children Act 1989 is not required;
(ii) local authorities registered under section 33(1) of that Act,
where the care provided is childminding or day care of children[46] within the meaning of that Act.
(6) In paragraphs (3) and (5)(b), "the first Monday in September" means the Monday which first occurs in the month of September in any year.
(b) he is aged less than 80 and -
(ii) he satisfies those conditions or would satisfy them but for his being treated as capable of work by virtue of a determination made in accordance with regulations made under section 171E of the Contributions and Benefits Act[47];
(c) the claimant is, or is treated as, incapable of work and has been so incapable, or has been so treated as incapable, of work in accordance with the provisions of, and regulations made under, Part XIIA of the Contributions and Benefits Act (incapacity for work) for a continuous period of not less than 196 days; and for this purpose any two or more separate periods separated by a break of not more than 56 days shall be treated as one continuous period;
(ii) attendance allowance under section 64 of that Act; (iii) severe disablement allowance under section 68 of that Act; (iv) disability living allowance under section 71 of that Act; (v) increase of disablement pension under section 104 of that Act; (vi) a pension increase under a war pension scheme or an industrial injuries scheme which is analogous to an allowance or increase of disablement pension under head (ii), (iv) or (v) above;
(e) a pension or allowance to which head (ii), (iv), (v) or (vi) of sub-paragraph (d) above refers was payable on account of his incapacity but has ceased to be payable in consequence of his becoming a patient within the meaning of regulation 16(5) (patients);
(9) For the purposes of paragraph (8), once paragraph (8)(c) applies to the claimant, if he then ceases, for a period of 56 days or less, to be incapable, or to be treated as incapable, of work, that paragraph shall, on his again becoming so incapable, or so treated as incapable, of work at the end of that period, immediately thereafter apply to him for so long as he remains incapable, or is treated as remaining incapable, of work.
(b) who is registered as blind in a register compiled under section 29 of the National Assistance Act 1948[52] (welfare services) or, in Scotland, has been certified as blind and in consequence he is registered as blind in a register maintained by or on behalf of a regional or islands council; or (c) who ceased to be registered as blind in such a register within the 28 weeks immediately preceding the date of claim.
(11) For the purposes of paragraph (1), a woman on maternity leave shall be treated as if she is engaged in remunerative work for the period specified in paragraph (12) ("the relevant period") provided that -
(b) the claimant incurred relevant child care charges within the meaning of paragraph (2) in that week; and (c) she is entitled to either statutory maternity pay under section 164 of the Contributions and Benefits Act or maternity allowance under section 35 of that Act.
(12) The relevant period shall begin on the day on which the woman's maternity leave commences and shall end on -
(b) if no child care element of working tax credit is in payment on the date that entitlement to maternity allowance or statutory maternity pay ends, the date that entitlement ends; or (c) if a child care element of working tax credit is in payment on the date that entitlement to maternity allowance or statutory maternity pay ends, the date that entitlement to that award of the child care element of working tax credit ends,
whichever shall occur first.
(b) exceeds a week, the amount to be included in the claimant's weekly income shall be determined -
(ii) in a case where that period is three months, by multiplying the amount of the payment by 4 and dividing the product by 52; (iii) in a case where that period is a year, by dividing the amount of the payment by 52; (iv) in any other case, by multiplying the amount of the payment by 7 and dividing the product by the number of days in the period in respect of which it is made.
(2) Where -
(b) the amount of the claimant's income fluctuates and has changed more than once,
the weekly amount of that claimant's income shall be determined -
(ii) in any other case, on the basis of -
(bb) the last four payments if the last two payments are less than one month apart; or (cc) calculating or estimating such other payments as may, in the particular circumstances of the case, enable the claimant's average weekly income to be determined more accurately.
(3) For the purposes of paragraph (2)(b), the last payments are the last payments before the date the claim was made or treated as made or, if there is a subsequent supersession under paragraph 4 of Schedule 7 to the Child Support, Pensions and Social Security Act 2000[54], the last payments before the date of the supersession.
(b) any payment made to the claimant in respect of any book registered under the Public Lending Right Scheme 1982[55]; and (c) any payment which is made on an occasional basis.
(6) The period under which any benefit under the benefit Acts is to be taken into account shall be the period in respect of which that benefit is payable.
(b) any amount to which paragraph (5) applies if the claimant or his partner is the first owner of the copyright, patent or trade mark, or the author of the book registered under the Public Lending Right Scheme 1982.
(9) Income specified in Schedule 4A is to be disregarded in the calculation of a claimant's income.
(b) the capital specified in Part II shall be disregarded for the purpose of determining a claimant's income under regulation 25(2).
(11) In the case of any income taken into account for the purpose of calculating a person's income, there shall be disregarded any amount payable by way of tax.
(b) in the amount of any personal tax relief; (c) in the rates of social security contributions payable under the Contributions and Benefits Act or in the lower earnings limit or upper earnings limit for Class 1 contributions under 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); (d) in the amount of tax payable as a result of an increase in the weekly rate of Category A, B, C or D retirement pension or any addition thereto or any graduated pension payable under the Contributions and Benefits Act; and (e) in the maximum rate of child tax credit or working tax credit,
for a period not exceeding 30 benefit weeks beginning with the benefit week immediately following the date from which the change is effective. Earnings of employed earners 30. - (1) Subject to paragraph (2), "earnings" means in the case of employment as an employed earner, any remuneration or profit derived from that employment and includes -
(b) any payment in lieu of remuneration except any periodic sum paid to a claimant on account of the termination of his employment by reason of redundancy; (c) any payment in lieu of notice; (d) any holiday pay; (e) any payment by way of a retainer; (f) any payment made by the claimant's employer in respect of expenses not wholly, exclusively and necessarily incurred in the performance of the duties of the employment, including any payment made by the claimant's employer in respect of -
(ii) expenses incurred by the claimant under arrangements made for the care of a member of his family owing to the claimant's absence from home;
(g) the amount of any payment by way of a non-cash voucher which has been taken into account in the computation of a person's earnings in accordance with Part V of Schedule 3 to the Social Security (Contributions) Regulations 2001[56];
(ii) by reason of pregnancy or confinement.
(2) Earnings shall not include -
(b) any payment in respect of expenses wholly, exclusively and necessarily incurred in the performance of the duties of the employment; (c) any occupational pension; (d) any lump sum payment made under the Iron and Steel Re-adaptation Benefits Scheme[59]; (e) any payment of compensation made pursuant to an award by an employment tribunal[60] established under the Employment Tribunals Act 1996[61] in respect of unfair dismissal or unlawful discrimination.
(3) Paragraph (2)(a) shall not apply in respect of any non-cash voucher referred to in paragraph (1)(g).
(ii) primary Class 1 contributions under the Contributions and Benefits Act;
(b) one half of any sum paid by the claimant by way of a contribution towards an occupational pension scheme;
(3) In this regulation, "qualifying contribution" means any sum which is payable periodically as a contribution towards a personal pension scheme.
(b) in any other case, by dividing the amount of the qualifying contribution by the number equal to the number of days in the period to which the qualifying contribution relates.
(5) Where the earnings of a claimant are determined under sub-paragraph (b) of paragraph (2) of regulation 28 (calculation of weekly income), his net earnings shall be calculated by taking into account those earnings over the assessment period, less -
(b) an amount equivalent to the amount of the primary Class 1 contributions that would be payable by him under the Contributions and Benefits Act in respect of those earnings if such contributions were payable; and (c) one-half of any sum which would be payable by the claimant by way of a contribution towards an occupational or personal pension scheme, if the earnings so estimated were actual earnings.
Calculation of earnings of self-employed earners
(b) where the claimant has recently become engaged in that employment or there has been a change which is likely to affect the normal pattern of business, over such other period ("computation period") as may, in the particular case, enable the weekly amount of his earnings to be determined more accurately.
(2) For the purposes of determining the weekly amount of earnings of a claimant to whom paragraph (1)(b) applies, his earnings over the computation period shall be divided by the number equal to the number of days in that period and multiplying the quotient by 7.
(b) any payment made by a local authority to a claimant -
(ii) with whom a local authority foster a child under the Fostering of Children (Scotland) Regulations 1996[66];
(c) any payment made by a voluntary organisation in accordance with section 59(1)(a) of the Children Act 1989 (provision of accommodation by voluntary organisations);
(ii) a local authority; (iii) a voluntary organisation; (iv) the person concerned pursuant to section 26(3A) of the National Assistance Act 1948[67]; or (v) a primary care trust established under section 16A of the National Health Service Act 1977[68];
(e) any sports award.
Calculation of net profit of self-employed earners
(b) in the case of a self-employed earner whose employment is carried on in partnership, his share of the net profit derived from that employment, less -
(ii) one half of the amount calculated in accordance with paragraph (10) in respect of any qualifying premium.
(2) For the purposes of paragraph (1)(a), the net profit of the employment shall, except where paragraph (8) applies, be calculated by taking into account the earnings of the employment over the assessment period less -
(b) an amount in respect of -
(ii) social security contributions payable under the Contributions and Benefits Act,
calculated in accordance with regulation 35 (deduction of tax and contributions for self-employed earners); and
(3) For the purposes of paragraph (1)(b), the net profit of the employment shall be calculated by taking into account the earnings of the employment over the assessment period less, subject to paragraphs (4) to (7), any expenses wholly and exclusively incurred in that period for the purposes of the employment.
(b) the depreciation of any capital asset; (c) any sum employed or intended to be employed in the setting up or expansion of the employment; (d) any loss incurred before the beginning of the assessment period; (e) the repayment of capital on any loan taken out for the purposes of the employment; and (f) any expenses incurred in providing business entertainment.
(5) A deduction shall be made under paragraph (2)(a) or (3) in respect of the repayment of capital on any loan used for -
(b) the repair of an existing business asset except to the extent that any sum is payable under an insurance policy for its repair.
(6) The relevant authority shall refuse to make a deduction in respect of any expenses under paragraph (2)(a) or (3) where it is not satisfied given the nature and the amount of the expense that it has been reasonably incurred.
(b) a deduction shall be made thereunder in respect of -
(ii) any income expended in the repair of an existing business asset except to the extent that any sum is payable under an insurance policy for its repair; (iii) any payment of interest on a loan taken out for the purposes of the employment.
(8) Where a claimant is engaged in employment as a child minder the net profit of the employment shall be one third of the earnings of that employment, less -
(ii) social security contributions payable under the Contributions and Benefits Act,
calculated in accordance with regulation 35 (deduction of tax and contributions for self-employed earners); and
(9) For the avoidance of doubt where a claimant is engaged in employment as a self-employed earner and he is also engaged in one or more other employments as a self-employed or employed earner any loss incurred in any one of his employments shall not be offset against his earnings in any other of his employments.
(b) in any other case, by dividing the amount of the qualifying premium by the number equal to the number of days in the period to which the qualifying premium relates.
(11) In this regulation, "qualifying premium" means any premium which is payable periodically in respect of a retirement annuity contract or a personal pension scheme and is so payable on or after the date of claim.
(b) the amount of Class 4 contributions (if any) which would be payable under section 15 of the Contributions and Benefits Act (Class 4 contributions recoverable under the Income Tax Acts) at the percentage rate applicable at the date of claim on so much of the chargeable income as exceeds the lower limit but does not exceed the upper limit of profits and gains applicable for the tax year in which the date of claim falls; but if the assessment period is less than a year, those limits shall be reduced pro rata.
(3) In this regulation "chargeable income" means -
(b) in the case of employment as a child minder, one third of the earnings of that employment.
Notional income
(ii) to which he might expect to be entitled if a claim for it were made;
(b) income from an occupational pension scheme which the claimant elected to defer.
(2) Where a person, aged not less than 60, is a person entitled to money purchase benefits under an occupational pension scheme or a personal pension scheme, or is a party to, or a person deriving entitlement to a pension under, a retirement annuity contract, and -
(ii) he fails to take any necessary action to secure that the whole of any income which would be payable to him by his pension fund holder upon his applying for it, is so paid; or (iii) income withdrawal is not available to him under that scheme; or
(b) in the case of a retirement annuity contract, he fails to purchase an annuity with the funds available under that contract,
the amount of any income foregone shall be treated as possessed by him, but only from the date on which it could be expected to be acquired were an application for it to be made.
(b) in any other case, from the first Monday in April in that year,
to the date on which the altered rate is to take effect.
(b) the payment is made to the trustee in bankruptcy or any other person acting on behalf of the creditors; and (c) the person referred to in sub-paragraph (a) and his partner does not possess, or is not treated as possessing, any other income apart from that payment.
Capital limit
(b) working tax credit; (c) state pension credit,
if the payment was made in respect of a period for the whole or part of which housing benefit was paid before those arrears were paid.
(ii) the amount of any encumbrance secured on it;
(b) in the case of a National Savings Certificate -
(ii) in any other case, at its purchase price.
Calculation of capital outside the United Kingdom
(b) in a case where there is such a prohibition, at the price which it would realise if sold in the United Kingdom to a willing buyer,
less, where there would be expenses attributable to sale, 10 per cent. and the amount of any encumbrance secured on it.
(b) not depriving himself of it if the disposal was for the purpose of -
(ii) purchasing goods or services if the expenditure was reasonable in the circumstances of the claimant's case.
(3) Where a claimant stands in relation to a company in a position analogous to that of a sole owner or partner in the business of that company, he shall be treated as if he were such sole owner or partner and in such a case -
(b) he shall, subject to paragraph (4), be treated as possessing an amount of capital equal to the value or, as the case may be, his share of the value of the capital of that company and the foregoing provisions of this Chapter shall apply for the purposes of calculating that amount as if it were actual capital which he does possess.
(4) For so long as a claimant undertakes activities in the course of the business of the company, the amount which he is treated as possessing under paragraph (3) shall be disregarded.
(ii) a week which follows that relevant week and which satisfies those conditions,
shall be reduced by an amount determined under paragraph (3);
(ii) that relevant week is a week in which the condition in paragraph (4) is satisfied,
shall be reduced by the amount determined under paragraph (4).
(2) This paragraph applies to a benefit week where the claimant satisfies the conditions that -
(b) but for regulation 42(1), he would have received an additional amount of housing benefit in that week.
(3) In a case to which paragraph (2) applies, the amount of the reduction for the purposes of paragraph (1)(a) shall be equal to the aggregate of -
(b) where the claimant has also claimed state pension credit, the amount of any state pension credit or any additional amount of state pension credit to which he would have been entitled in respect of the benefit week to which paragraph (2) refers but for the application of regulation 21(1) of the State Pension Credit Regulations 2002[72] (notional capital); (c) where the claimant has also claimed council tax benefit, the amount of any council tax benefit or any additional amount of council tax 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 34(1) of the Council Tax Benefit (General) Regulations 1992[73] (notional capital); (d) where the claimant has also claimed a jobseeker's allowance, the amount of an income-based jobseeker's allowance to which he would have been entitled in respect of the benefit week to which paragraph (2) refers but for the application of regulation 113 of the Jobseeker's Allowance Regulations 1996[74] (notional capital).
(4) Subject to paragraph (5), for the purposes of paragraph (1)(b) the condition is that the claimant would have been entitled to housing benefit in the relevant week but for regulation 42(1), and in such a case the amount of the reduction shall be equal to the aggregate of -
(b) if the claimant would, but for regulation 21 of the State Pension Credit Regulations 2002, have been entitled to state pension credit in respect of the benefit week, within the meaning of regulation 1(2) of those Regulations (interpretation), which includes the last day of the relevant week, the amount to which he would have been entitled and, for the purposes of this sub-paragraph, if the amount is in respect of a part-week, that amount shall be determined by dividing the amount of the state pension credit to which he would have been so entitled by the number equal to the number of days in the part-week and multiplying the quotient so obtained by 7; (c) if the claimant would, but for regulation 34(1) of the Council Tax Benefit (General) Regulations 1992, have been entitled to council tax benefit or to an additional amount of council tax benefit in respect of the benefit week which includes the last day of the relevant week, the amount which is equal to -
(ii) in any other case, the amount equal to the additional amount of council tax benefit to which he would have been entitled;
and, for the purposes of this sub-paragraph, if the amount is in respect of a part-week, that amount shall be determined by dividing the amount of the council tax benefit to which he would have been so entitled by the number equal to the number of days in the part-week and multiplying the quotient so obtained by 7;
(5) The amount determined under paragraph (4) shall be re-determined under that paragraph if the claimant makes a further claim for housing benefit and the conditions in paragraph (6) are satisfied, and in such a case -
(b) subject to paragraph (7), the amount as re-determined shall have effect from the first week following the relevant subsequent week in question.
(6) The conditions are that -
(ii) in a case where there has been at least one re-determination in accordance with paragraph (5), the date on which he last made a claim for housing benefit which resulted in the weekly amount being re-determined; or (iii) the date on which he last ceased to be entitled to housing benefit,
whichever last occurred; and
(7) The amount as re-determined pursuant to paragraph (5) shall not have effect if it is less than the amount which applied in that case immediately before the re-determination and in such a case the higher amount shall continue to have effect.
(ii) any other period of less than a week for which either of those benefits is payable;
(b) "part-week" in paragraph (4)(c) means a period of less than a week for which council tax benefit is allowed;
(ii) was taken into account on a subsequent occasion for the purpose of determining or re-determining his entitlement to housing benefit on that subsequent occasion and that determination or re-determination resulted in his beginning to receive, or ceasing to receive, housing benefit;
and where more than one benefit week is identified by reference to heads (i) and (ii) of this sub-paragraph, means the later or latest such benefit week;
Capital jointly held
Provisions which do not apply
(b) regulations 66 and 67 (benefit period).
Continuing payments where state pension credit claimed
62B. - (1) This regulation applies where -
(b) paragraph (2) is satisfied; and (c) either -
(ii) the claimant's partner has actually claimed state pension credit.
(2) This regulation is only satisfied if the Secretary of State has certified to the relevant authority that the claimant's partner has actually claimed state pension credit or that -
(ii) income-based jobseeker's allowance has terminated because the claimant has attained the qualifying age for state pension credit or the age of 65; and
(b) the claimant has claimed or is treated as having claimed or is required to make a claim for state pension credit.
(3) In a case to which this regulation applies, housing benefit shall continue to be paid for the period of 4 weeks beginning on the day following the day the claimant's entitlement to income support or, as the case may be, income-based jobseeker's allowance, ceased, if and for so long as the claimant otherwise satisfies the conditions for entitlement to housing benefit.
(b) subject to paragraph (5), the appropriate maximum housing benefit of the claimant shall be that which was applicable in his case immediately before that period commenced.
(5) The appropriate maximum housing benefit shall be calculated in accordance with regulation 61(1) if, since the date it was last calculated -
(b) a change in the deduction under regulation 63 falls to be made.".
Amendment of regulation 63
(c) in respect of a non-dependant aged 18 or over to whom neither sub-paragraph (a) nor sub-paragraph (b) applies, £7.40.";
(b) in paragraph (7) after sub-paragraph (d), insert the following sub-paragraph -
Council Tax Benefit Regulations 12. - (1) The Council Tax Benefit Regulations shall have effect, except where paragraph (2) applies, in relation to any person who has attained the qualifying age for state pension credit subject to the modifications set out in this Part, Part 4 and Schedule 2. (2) This paragraph applies if the claimant or, if the claimant has a partner, his partner, is a person on income support or on an income-based jobseeker's allowance within the meaning of the Council Tax Benefit Regulations[76]. (3) In this Part, references to regulations and Schedules are, unless the context otherwise requires, references to regulations of and Schedules to the Council Tax Benefit Regulations. (4) Reference in any provision which has effect in accordance with this Part to a provision of the Housing Benefit Regulations is to the provision in those Regulations as modified by Part 2 of these Regulations. Interpretation 13. - (1) In regulation 2 (interpretation), in paragraph (1) -
(b) in relation to any other income, in accordance with regulation 20 for the purpose of calculating the weekly income of the claimant;";
(b) for the definition of "the benefit Acts", substitute -
(2) In that regulation, after paragraph (4A)[81], insert -
Persons from abroad
Applicable amounts
8. - (1) Subject to Schedule A1 (treatment of claims for council tax benefit by refugees), the applicable amount of a person who has attained or whose partner has attained the qualifying age for state pension credit shall be the aggregate of such of the following amounts as apply in his case -
(b) an amount in respect of any child or young person who is a member of his family, determined in accordance with paragraph 2 of that Schedule; (c) if he is a member of a family of which at least one member is a child or young person, an amount determined in accordance with paragraph 3(1) of Part II of that Schedule (family premium); (d) if he is a member of a family of which one member is a child under the age of one year, an additional amount determined in accordance with paragraph 3(2) of Part II of that Schedule; (e) the amount of any premiums which may be applicable to him, determined in accordance with Parts III and IV of that Schedule (premiums).
(2) Paragraph (3) applies in the case of -
(b) a claimant who has a partner one or both of whom; or (c) a claimant who is a member of a polygamous marriage one or more of whose members,
is or are a patient, and has or have been a patient for a period exceeding 13 weeks but not exceeding 52 weeks, or, in exceptional circumstances, is unlikely to substantially exceed 52 weeks ("long term patient").
(b) has a partner and either the claimant or his partner is a long term patient, the applicable amount determined in accordance with paragraph (1) shall be reduced by an amount equal to 20 per cent. of the weekly rate of the basic pension for the time being specified in section 44(4) of the Contributions and Benefits Act 1992 ("the standard reduction"); (c) has a partner and both the claimant and his partner are long term patients, the applicable amount determined in accordance with paragraph (1) shall be reduced by an amount equal to twice the sum of the standard reduction; (d) is a member of a polygamous marriage and one or more members of the marriage are long term patients, the applicable amount determined in accordance with paragraph (1) shall be reduced by an amount equal to the standard reduction multiplied by the number of members who are long term patients.
(4) Any calculation made for the purposes of sub-paragraphs (2) and (3) shall be rounded to the nearest 5 pence, 2.5 pence being rounded to the next 5 pence above.
(2) After Schedule 1, insert - 1. The amount specified in column (2) below in respect of each person or couple specified in column (1) shall be the amount specified for the purposes of regulation 8 -
2. - (1) The amounts specified in column (2) below in respect of each person specified in column (1) shall, for the relevant period specified in column (1), be the amounts specified for the purposes of regulation 8(1)(b) -
(2) In column (1) of the Table above, "the first Monday in September" means the Monday which first occurs in the month of September in any year. 3. - (1) The amount for the purposes of regulation 8(1)(c) and (d) in respect of a family of which at least one member is a child or young person shall be £15.75. (2) The amount specified in sub-paragraph (1) shall be increased by £10.45 where at least one child is under the age of one year and for the purposes of this sub-paragraph where that child's first birthday does not fall on a Monday he shall be treated as under the age of one year until the first Monday after his first birthday. 4. The premiums specified in Part IV shall, for the purposes of regulation 8(1)(e), be applicable to a claimant who satisfies the condition specified in this Part in respect of that premium. 5. - (1) Subject to sub-paragraph (2), for the purposes of this Part of this Schedule, once a premium is applicable to a claimant under this Part, a person shall be treated as being in receipt of any benefit for -
(b) any period spent by a person in undertaking a course of training or instruction provided or approved by the Secretary of State under section 2 of the Employment and Training Act 1973[85], or by Scottish Enterprise or Highlands and Islands Enterprise under section 2 of the Enterprise and New Towns (Scotland) Act 1990[86] or for any period during which he is in receipt of a training allowance.
(2) For the purposes of the carer premium under paragraph 9, a person shall be treated as being in receipt of a carer's allowance under section 70 of the Contributions and Benefits Act 1992 by virtue of sub-paragraph (1)(a) only if and for so long as the person in respect of whose care the allowance has been claimed remains in receipt of attendance allowance, or the care component of disability living allowance at the highest or middle rate prescribed in accordance with section 72(3) of the Contributions and Benefits Act 1992.
(ii) subject to sub-paragraph (6), he has no non-dependants aged 18 or over normally residing with him or with whom he is normally residing, and (iii) no person is entitled to, and in receipt of, a carer's allowance in respect of caring for him;
(b) in the case of a claimant who has a partner -
(ii) his partner is also in receipt of such an allowance or, if the claimant is a member of a polygamous marriage one or more of the other members of the marriage are in receipt of such an allowance; and (iii) subject to sub-paragraph (6), the claimant has no non-dependants aged 18 or over normally residing with him or with whom he is normally residing,
and either a person is entitled to and in receipt of a carer's allowance in respect of caring for only one of the couple or, if he is a member of a polygamous marriage, for one or more but not all the members of the marriage, or as the case may be, no person is entitled to and in receipt of such an allowance in respect of caring for either member of a couple or any of the members of the marriage.
(3) Where a claimant has a partner who does not satisfy the condition in sub-paragraph (2)(b)(ii), and that partner is blind or is treated as blind within the meaning of sub-paragraph (4), that partner shall be treated for the purposes of sub-paragraph (2) as if he were not a partner of the claimant.
(b) a person who is blind or is treated as blind within the meaning of sub-paragraphs (4) and (5).
(7) For the purposes of sub-paragraph (2)(b), a person shall be treated -
(b) as being entitled to and in receipt of a carer's allowance if he would, but for the person for whom he was caring being a patient in hospital for a period exceeding 28 days, be so entitled and in receipt.
(8) For the purposes of sub-paragraph (2)(a)(iii) and (2)(b) -
(b) references to a person being in receipt of a carer's allowance shall include references to a person who would have been in receipt of that allowance but for the application of a restriction under section 7 of the Social Security Fraud Act 2001[88] (loss of benefit).
Enhanced disability premium
(b) is blind within the meaning of paragraph 6(4) or is treated as blind in accordance with paragraph 6(5).
Carer premium
(b) the person in respect of whom the premium was awarded ceases to be entitled, or ceases to be treated as entitled, to a carer's allowance,
this paragraph shall be treated as satisfied for a period of eight weeks from the relevant date specified in sub-paragraph (3).
(b) where head (a) above does not apply, the date on which that person who was entitled to a carer's allowance ceases to be entitled to it.
(4) For the purposes of this paragraph, a person shall be treated as being entitled to and in receipt of a carer's allowance for any period not covered by an award but in respect of which a payment is made in lieu of an award.
(b) after paragraph (3), add the following paragraph -
Income and capital Calculation of income and capital 13. The income and capital of -
(b) any partner of the claimant,
shall be calculated in accordance with the rules set out in this Chapter; and any reference in this Part to the claimant shall apply equally to any partner of the claimant.
(b) if sub-paragraph (a) does not apply, within the two working days following the day he receives information from the relevant authority that the claimant or his partner has claimed council tax benefit, or as soon as reasonably practicable thereafter.
(3) The details provided by the Secretary of State shall include the amount taken into account in that determination in respect of the net income of the person claiming state pension credit.
(b) in respect of any dependent children of the claimant, any of the following -
(ii) child tax credit; (iii) childcare charges taken into account under regulation 18(1)(c); (iv) payments of child special allowance under the Contributions and Benefits Act 1992;
(c) the higher amount disregarded under these Regulations in respect of -
(ii) widowed mother's allowance; (iii) widowed parent's allowance; (iv) payments of maintenance, whether under a court order or not, which is made or due to be made by -
(bb) the parent of a child or young person where that child or young person is a member of the claimant's family except where that parent is the claimant or the claimant's partner; or
(v) the disregard of the 30 hour element of working tax credit referred to in regulation 20(1)(c) of the Working Tax Credit (Entitlement and Maximum Rate) Regulations 2002[89];
(d) the income and capital of any partner of the claimant who is treated as a member of the claimant's household under regulation 7, to the extent that it is not taken into account in determining the net income of the person claiming state pension credit;
(5) Regulations 17 to 36 shall not apply to the amount of the net income to be taken into account by the local authority under paragraph (1), but shall apply (so far as relevant) for the purpose of determining any modifications which fall to be made to that amount under paragraph (4).
(b) subsequent to that determination, the claimant's capital rises to more than £16, 000; and (c) the increase occurs whilst there is in force an assessed income period within the meaning of sections 6 and 9 of the State Pension Credit Act.
Persons who have attained the qualifying age for state pension credit
(b) working tax credit and child tax credit; (c) retirement pension income within the meaning of the State Pension Credit Act[90]; (d) income from annuity contracts (other than retirement pension income); (e) a war disablement pension or war widow's or widower's pension; (f) a foreign war disablement pension or war widow's or widower's pension; (g) income from capital other than capital disregarded under Schedule 5ZA; (h) social security benefits, other than retirement pension income or any of the following benefits -
(ii) attendance allowance payable under section 64 of the Contributions and Benefits Act 1992; (iii) an increase of disablement pension under section 104 or 105 of that Act; (iv) a payment under regulations made in exercise of the power conferred by paragraph 7(2)(b) of Part II of Schedule 8 to that Act[91]; (v) an increase of an allowance payable in respect of constant attendance under paragraph 4 of Part I of Schedule 8 to that Act; (vi) any guardian's allowance payable under section 77 of that Act; (vii) any increase for a dependant, other than the claimant's partner, payable in accordance with Part IV of that Act; (viii) any social fund payment made under Part VIII of that Act; (ix) Christmas bonus payable under Part X of that Act; (x) housing benefit; (xi) council tax benefit; (xii) bereavement payment[92]; (xiii) statutory sick pay; (xiv) statutory maternity pay; (xv) statutory paternity pay payable under Part 12ZA of the Contributions and Benefits Act 1992[93]; (xvi) statutory adoption pay payable under Part 12ZB of the Contributions and Benefits Act 1992[94]; (xvii) any benefit similar to those mentioned in the preceding provisions of this paragraph payable under legislation having effect in Northern Ireland;
(i) all foreign social security benefits which are similar to the social security benefits prescribed above;
(ii) under an agreement for maintenance; or (iii) voluntarily;
(n) payments due from any person in respect of board and lodging accommodation provided by the claimant;
(2) For the purposes of these Regulations, a claimant's capital, other than capital disregarded under Schedule 5ZA, shall be treated as if it were a weekly income -
(b) in any other case, of £1 for each £500 in excess of £6,000 and £1 for any excess which is not a complete £500.
(3) Where the payment of any social security benefit prescribed under paragraph (1) is subject to any deduction (other than an adjustment specified in paragraph (4)) the amount to be taken into account under paragraph (1) shall be the amount before the deduction is made.
(b) the Social Security (Hospital In-Patients) Regulations 1975[104]; (c) section 30DD or section 30E of the Contributions and Benefits Act 1992[105] (reductions in incapacity benefit in respect of pensions and councillor's allowances).
(5) This paragraph applies to accommodation provided -
(b) in an establishment run by the Abbeyfield Society (including all bodies corporate or incorporate which are affiliated to the Society); (c) under section 3 of, and Part II of the Schedule to, the Polish Resettlement Act 1947[106] (provision of accommodation) where the claimant requires personal care; (d) under sections 21 to 24 of the National Assistance Act 1948[107] (provision of accommodation), or, in Scotland, under section 13B or 59 of the Social Work (Scotland) Act 1968[108] or section 7 of the Mental Health (Scotland) Act 1984[109] (functions of local authorities) where -
(ii) the claimant occupies the accommodation other than on a temporary basis.
(6) For the purposes of paragraph (5), a person shall be treated as residing permanently in the accommodation -
(b) if it is accommodation to which paragraph (5)(c) applies -
(ii) if he, with the agreement of the manager of the home, intends to return to it in due course.
Calculation of income on a weekly basis
(b) by adding to that amount the weekly income calculated under regulation 17(2); (c) by then deducting any relevant child care charges to which regulation 19 (treatment of child care charges) applies from any earnings which form part of the average weekly income or, in a case where the conditions in paragraph (2) are met, from those earnings plus whichever credit specified in sub-paragraph (b) of that paragraph is appropriate, up to a maximum deduction in respect of the claimant's family of whichever of the sums specified in paragraph (3) applies in his case.
(2) The conditions of this paragraph are that -
(b) that claimant or, if he is a member of a couple either the claimant or his partner, is in receipt of working tax credit or child tax credit.
(3) The maximum deduction to which paragraph (1)(c) above refers shall be -
(b) where the claimant's family includes more than one child in respect of whom relevant child care charges are paid, £140 per week.
Treatment of child care charges
(b) is a member of a couple both of whom are engaged in remunerative work; or (c) is a member of a couple where one member is engaged in remunerative work and the other member is incapacitated.
(2) Relevant child care charges are those charges for care to which paragraphs (3) and (4) apply, and shall be estimated on a weekly basis in accordance with paragraph (7).
(b) in the case of any child of the claimant's family who is disabled, in respect of the period beginning on that person's date of birth and ending on the day preceding the first Monday in September following that person's sixteenth birthday.
(4) The charges are paid for care which is provided by one or more of the care providers listed in paragraph (5) and are not paid -
(b) by a claimant to a partner or by a partner to a claimant in respect of any child for whom either or any of them is responsible in accordance with regulation 6 (circumstances in which a person is treated as responsible or not responsible for another).
(5) The care to which paragraph (4) refers may be provided -
(b) out of school hours, by a school on school premises or by a local authority -
(ii) for children who are disabled in respect of the period beginning on their eighth birthday and ending on the day preceding the first Monday in September following their sixteenth birthday;
(c) by a child care scheme operating on Crown property where registration under section 71 of the Children Act 1989 is not required;
(ii) local authorities registered under section 33(1) of that Act,
where the care provided is childminding or day care of children[115] within the meaning of that Act.
(6) In paragraphs (3) and (5)(b), "the first Monday in September" means the Monday which first occurs in the month of September in any year.
(b) he is aged less than 80 and -
(ii) he satisfies those conditions or would satisfy them but for his being treated as capable of work by virtue of a determination made in accordance with regulations made under section 171E of the Contributions and Benefits Act[116];
(c) the claimant (within the meaning of regulation 2(1)) is, or is treated as, incapable of work and has been so incapable, or has been so treated as incapable, of work in accordance with the provisions of, and regulations made under, Part XIIA of the Contributions and Benefits Act 1992 (incapacity for work) for a continuous period of not less than 196 days; and for this purpose any two or more separate periods separated by a break of not more than 56 days shall be treated as one continuous period;
(ii) attendance allowance under section 64 of that Act; (iii) severe disablement allowance under section 68 of that Act; (iv) disability living allowance under section 71 of that Act; (v) increase of disablement pension under section 104 of that Act; (vi) a pension increase under a war pension scheme or an industrial injuries scheme which is analogous to an allowance or increase of disablement pension under head (ii), (iv) or (v) above;
(e) a pension or allowance to which head (ii), (iv), (v) or (vi) of sub-paragraph (d) above refers was payable on account of his incapacity but has ceased to be payable in consequence of his becoming a patient within the meaning of regulation 8(5);
(9) For the purposes of paragraph (8), once paragraph (8)(c) applies to the claimant, if he then ceases, for a period of 56 days or less, to be incapable, or to be treated as incapable, of work, that paragraph shall, on his again becoming so incapable, or so treated as incapable, of work at the end of that period, immediately thereafter apply to him for so long as he remains incapable, or is treated as remaining incapable, of work.
(b) who is registered as blind in a register compiled under section 29 of the National Assistance Act 1948[120] (welfare services) or, in Scotland, has been certified as blind and in consequence he is registered as blind in a register maintained by or on behalf of a regional or islands council; or (c) who ceased to be registered as blind in such a register within the 28 weeks immediately preceding the date of claim.
(11) For the purposes of paragraph (1), a woman on maternity leave shall be treated as if she is engaged in remunerative work for the period specified in paragraph (12) ("the relevant period") provided that -
(b) the claimant incurred relevant child care charges within the meaning of paragraph (2) in that week; and (c) she is entitled to either statutory maternity pay under section 164 of the Contributions and Benefits Act 1992 or maternity allowance under section 35 of that Act.
(12) The relevant period shall begin on the day on which the woman's maternity leave commences and shall end on -
(b) if no child care element of working tax credit is in payment on the date that entitlement to maternity allowance or statutory maternity pay ends, the date that entitlement ends; or (c) if a child care element of working tax credit is in payment on the date that entitlement to maternity allowance or statutory maternity pay ends, the date that entitlement to that award of the child care element of working tax credit ends,
whichever shall occur first.
(b) exceeds a week, the amount to be included in the claimant's weekly income shall be determined -
(ii) in a case where that period is three months, by multiplying the amount of the payment by 4 and dividing the product by 52; (iii) in a case where that period is a year, by dividing the amount of the payment by 52; (iv) in any other case, by multiplying the amount of the payment by 7 and dividing the product by the number of days in the period in respect of which it is made.
(2) Where -
(b) the amount of the claimant's income fluctuates and has changed more than once,
the weekly amount of that claimant's income shall be determined -
(ii) in any other case, on the basis of -
(bb) the last four payments if the last two payments are less than one month apart; or (cc) calculating or estimating such other payments as may, in the particular circumstances of the case, enable the claimant's average weekly income to be determined more accurately.
(3) For the purposes of paragraph (2)(b) the last payments are the last payments before the date the claim was made or treated as made or, if there is a subsequent supersession under paragraph 4 of Schedule 7 to the Child Support, Pensions and Social Security Act 2000[122], the last payments before the date of the supersession.
(b) any payment made to the claimant in respect of any book registered under the Public Lending Right Scheme 1982[123]; and (c) any payment which is made on an occasional basis.
(6) The period under which any benefit under the benefit Acts is to be taken into account shall be the period in respect of which that benefit is payable.
(b) any amount to which paragraph (5) applies if the claimant or his partner is the first owner of the copyright, patent or trade mark, or the author of the book registered under the Public Lending Right Scheme 1982.
(9) Income specified in Schedule 4A is to be disregarded in the calculation of a claimant's income.
(b) the capital specified in Part II shall be disregarded for the purpose of determining a claimant's income under regulation 17(2).
(11) In the case of any income taken into account for the purpose of calculating a person's income, there shall be disregarded any amount payable by way of tax.
(b) in the amount of any personal tax relief; (c) in the rates of social security contributions payable under the Contributions and Benefits Act 1992 or in the lower earnings limit or upper earnings limit for Class 1 contributions under 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); (d) in the amount of tax payable as a result of an increase in the weekly rate of Category A, B, C or D retirement pension or any addition thereto or any graduated pension payable under the Contributions and Benefits Act 1992; and (e) in the maximum rate of child tax credit or working tax credit,
for a period not exceeding 30 benefit weeks beginning with the benefit week immediately following the date from which the change is effective. Earnings of employed earners 22. - (1) Subject to paragraph (2), "earnings" means in the case of employment as an employed earner, any remuneration or profit derived from that employment and includes -
(b) any payment in lieu of remuneration except any periodic sum paid to a claimant on account of the termination of his employment by reason of redundancy; (c) any payment in lieu of notice; (d) any holiday pay; (e) any payment by way of a retainer; (f) any payment made by the claimant's employer in respect of expenses not wholly, exclusively and necessarily incurred in the performance of the duties of the employment, including any payment made by the claimant's employer in respect of -
(ii) expenses incurred by the claimant under arrangements made for the care of a member of his family owing to the claimant's absence from home;
(g) the amount of any payment by way of a non-cash voucher which has been taken into account in the computation of a person's earnings in accordance with Part V of Schedule 3 to the Social Security (Contributions) Regulations 2001[124];
(ii) by reason of pregnancy or confinement.
(2) Earnings shall not include -
(b) any payment in respect of expenses wholly, exclusively and necessarily incurred in the performance of the duties of the employment; (c) any occupational pension; (d) any lump sum payment made under the Iron and Steel Re-adaptation Benefits Scheme[127]; (e) any payment of compensation made pursuant to an award by an employment tribunal[128] established under the Employment Tribunals Act 1996[129] in respect of unfair dismissal or unlawful discrimination.
(3) Paragraph (2)(a) shall not apply in respect of any non-cash voucher referred to in paragraph (1)(g).
(ii) primary Class 1 contributions under the Contributions and Benefits Act 1992;
(b) one half of any sum paid by the claimant by way of a contribution towards an occupational pension scheme;
(3) In this regulation "qualifying contribution" means any sum which is payable periodically as a contribution towards a personal pension scheme.
(b) in any other case, by dividing the amount of the qualifying contribution by the number equal to the number of days in the period to which the qualifying contribution relates.
(5) Where the earnings of a claimant are determined under sub-paragraph (b) of paragraph (2) of regulation 20 (calculation of weekly income), his net earnings shall be calculated by taking into account those earnings over the assessment period, less -
(b) an amount equivalent to the amount of the primary Class 1 contributions that would be payable by him under the Contributions and Benefits Act 1992 in respect of those earnings if such contributions were payable; and (c) one-half of any sum which would be payable by the claimant by way of a contribution towards an occupational or personal pension scheme, if the earnings so estimated were actual earnings.
Calculations of earnings of self-employed earners
(b) where the claimant has recently become engaged in that employment or there has been a change which is likely to affect the normal pattern of business, over such other period ("computation period") as may, in the particular case, enable the weekly amount of his earnings to be determined more accurately.
(2) For the purposes of determining the weekly amount of earnings of a claimant to whom paragraph (1)(b) applies, his earnings over the computation period shall be divided by the number equal to the number of days in that period and multiplying the quotient by 7.
(b) any payment made by a local authority to a claimant -
(ii) with whom a local authority foster a child under the Fostering of Children (Scotland) Regulations 1996[135];
(c) any payment made by a voluntary organisation in accordance with section 59(1)(a) of the Children Act 1989 (provision of accommodation by voluntary organisations);
(ii) a local authority; (iii) a voluntary organisation; (iv) the person concerned pursuant to section 26(3A) of the National Assistance Act 1948[136]; or (v) a primary care trust established under section 16A of the National Health Service Act 1977[137];
(e) any sports award.
Calculation of net profit of self-employed earners
(b) in the case of a self-employed earner whose employment is carried on in partnership, his share of the net profit derived from that employment, less -
(ii) one half of the amount calculated in accordance with paragraph (10) in respect of any qualifying premium.
(2) For the purposes of paragraph (1)(a), the net profit of the employment shall, except where paragraph (8) applies, be calculated by taking into account the earnings of the employment over the assessment period less -
(b) an amount in respect of -
(ii) social security contributions payable under the Contributions and Benefits Act 1992,
calculated in accordance with regulation 27 (deduction of tax and contributions of self-employed earners); and
(3) For the purposes of paragraph (1)(b), the net profit of the employment shall be calculated by taking into account the earnings of the employment over the assessment period less, subject to paragraphs (4) to (7), any expenses wholly and exclusively incurred in that period for the purposes of the employment.
(b) the depreciation of any capital asset; (c) any sum employed or intended to be employed in the setting up or expansion of the employment; (d) any loss incurred before the beginning of the assessment period; (e) the repayment of capital on any loan taken out for the purposes of the employment; and (f) any expenses incurred in providing business entertainment.
(5) A deduction shall be made under paragraph (2)(a) or (3) in respect of the repayment of capital on any loan used for -
(b) the repair of an existing business asset except to the extent that any sum is payable under an insurance policy for its repair.
(6) The relevant authority shall refuse to make a deduction in respect of any expenses under paragraph (2)(a) or (3) where it is not satisfied given the nature and the amount of the expense that it has been reasonably incurred.
(b) a deduction shall be made thereunder in respect of -
(ii) any income expended in the repair of an existing business asset except to the extent that any sum is payable under an insurance policy for its repair; (iii) any payment of interest on a loan taken out for the purposes of the employment.
(8) Where a claimant is engaged in employment as a child minder the net profit of the employment shall be one third of the earnings of that employment, less -
(ii) social security contributions payable under the Contributions and Benefits Act 1992,
calculated in accordance with regulation 27 (deduction of tax and contributions of self-employed earners); and
(9) For the avoidance of doubt where a claimant is engaged in employment as a self-employed earner and he is also engaged in one or more other employments as a self-employed or employed earner any loss incurred in any one of his employments shall not be offset against his earnings in any other of his employments.
(b) in any other case, by dividing the amount of the qualifying premium by the number equal to the number of days in the period to which the qualifying premium relates.
(11) In this regulation, "qualifying premium" means any premium which is payable periodically in respect of a retirement annuity contract or a personal pension scheme and is so payable on or after the date of claim.
(b) the amount of Class 4 contributions (if any) which would be payable under section 15 of the Contributions and Benefits Act 1992 (Class 4 contributions recoverable under the Income Tax Acts) at the percentage rate applicable at the date of claim on so much of the chargeable income as exceeds the lower limit but does not exceed the upper limit of profits and gains applicable for the tax year in which the date of claim falls; but if the assessment period is less than a year, those limits shall be reduced pro rata.
(3) In this regulation "chargeable income" means -
(b) in the case of employment as a child minder, one third of the earnings of that employment.
Notional income
(ii) to which he might expect to be entitled if a claim for it were made;
(b) income from an occupational pension scheme which the claimant elected to defer.
(2) Where a person, aged not less than 60, is a person entitled to money purchase benefits under an occupational pension scheme or a personal pension scheme, or is a party to, or a person deriving entitlement to a pension under, a retirement annuity contract, and -
(ii) he fails to take any necessary action to secure that the whole of any income which would be payable to him by his pension fund holder upon his applying for it, is so paid; or (iii) income withdrawal is not available to him under that scheme; or
(b) in the case of a retirement annuity contract, he fails to purchase an annuity with the funds available under that contract,
the amount of any income foregone shall be treated as possessed by him, but only from the date on which it could be expected to be acquired were an application for it to be made.
(b) the payment is made to the trustee in bankruptcy or any other person acting on behalf of the creditors; and (c) the person referred to in sub-paragraph (a) and his partner does not possess, or is not treated as possessing, any other income apart from that payment.
Capital limit
(b) working tax credit; (c) state pension credit,
if the payment was made in respect of a period for the whole or part of which council tax benefit was allowed before those arrears were paid.
(ii) the amount of any encumbrance secured on it;
(b) in the case of a National Savings Certificate -
(ii) in any other case, at its purchase price.
Calculation of capital outside the United Kingdom
(b) in a case where there is such a prohibition, at the price which it would realise if sold in the United Kingdom to a willing buyer,
less, where there would be expenses attributable to sale, 10 per cent. and the amount of any encumbrance secured on it.
(b) not depriving himself of it if the disposal was for the purpose of -
(ii) purchasing goods or services if the expenditure was reasonable in the circumstances of the claimant's case.
(3) Where a claimant stands in relation to a company in a position analogous to that of a sole owner or partner in the business of that company, he shall be treated as if he were such sole owner or partner and in such a case -
(b) he shall, subject to paragraph (4), be treated as possessing an amount of capital equal to the value or, as the case may be, his share of the value of the capital of that company and the foregoing provisions of this Chapter shall apply for the purposes of calculating that amount as if it were actual capital which he does possess.
(4) For so long as a claimant undertakes activities in the course of the business of the company, the amount which he is treated as possessing under paragraph (3) shall be disregarded.
(ii) a week which follows that relevant week and which satisfies those conditions,
shall be reduced by an amount determined under paragraph (3);
(ii) that relevant week is a week in which the condition in paragraph (4) is satisfied,
shall be reduced by the amount determined under paragraph (4).
(2) This paragraph applies to a benefit week where the claimant satisfies the conditions that -
(b) but for regulation 34(1), he would have received an additional amount of council tax benefit in that week.
(3) In a case to which paragraph (2) applies, the amount of the reduction for the purposes of paragraph (1)(a) shall be equal to the aggregate of -
(b) where the claimant has also claimed state pension credit, the amount of any state pension credit or any additional amount of state pension credit to which he would have been entitled in respect of the benefit week to which paragraph (2) refers but for the application of regulation 21(1) of the State Pension Credit Regulations 2002[141] (notional capital); (c) where the claimant has also claimed housing benefit, the amount of any housing benefit or any additional amount of housing benefit to which he would have been entitled in respect of the whole or part of that benefit week to which paragraph (2) refers but for the application of regulation 42(1) of the Housing Benefit (General) Regulations 1987[142] (notional capital) as it applies in the case of a person who has attained the qualifying age for state pension credit; (d) where the claimant has also claimed a jobseeker's allowance, the amount of an income-based jobseeker's allowance to which he would have been entitled in respect of the benefit week to which paragraph (2) refers but for the application of regulation 113 of the Jobseeker's Allowance Regulations 1996[143] (notional capital).
(4) Subject to paragraph (5), for the purposes of paragraph (1)(b), the condition is that the claimant would have been entitled to council tax benefit in the relevant week but for regulation 34(1), and in such a case the amount of the reduction shall be equal to the aggregate of -
(b) if the claimant would, but for regulation 21 of the State Pension Credit Regulations 2002, have been entitled to state pension credit in respect of the benefit week, within the meaning of regulation 1(2) of those Regulations (interpretation), which includes the last day of the relevant week, the amount to which he would have been entitled and, for the purposes of this sub-paragraph, if the amount is in respect of a part-week, that amount shall be determined by dividing the amount of the state pension credit to which he would have been so entitled by the number equal to the number of days in the part-week and multiplying the quotient so obtained by 7; (c) if the claimant would, but for regulation 42(1) of the Housing Benefit (General) Regulations 1987, have been entitled to housing benefit or to an additional amount of housing benefit in respect of the benefit week which includes the last day of the relevant week, the amount which is equal to -
(ii) in any other case, the amount equal to the additional amount of housing benefit to which he would have been entitled;
and, for the purposes of this sub-paragraph, if the amount is in respect of a part-week, that amount shall be determined by dividing the amount of the housing benefit to which he would have been so entitled by the number equal to the number of days in the part-week and multiplying the quotient so obtained by 7;
(5) The amount determined under paragraph (4) shall be re-determined under that paragraph if the claimant makes a further claim for council tax benefit and the conditions in paragraph (6) are satisfied, and in such a case -
(b) subject to paragraph (7), the amount as re-determined shall have effect from the first week following the relevant subsequent week in question.
(6) The conditions are that -
(ii) in a case where there has been at least one re-determination in accordance with paragraph (5), the date on which he last made a claim for council tax benefit which resulted in the weekly amount being re-determined; or (iii) the date on which he last ceased to be entitled to council tax benefit,
whichever last occurred; and
(7) The amount as re-determined pursuant to paragraph (5) shall not have effect if it is less than the amount which applied in that case immediately before the re-determination and in such a case the higher amount shall continue to have effect.
(b) "part-week" in paragraph (4)(b) and (d) means -
(ii) any other period of less than a week for which either of those benefits is payable;
(c) "part-week" in paragraph (4)(c) means a period of less than a week for which housing benefit is payable;
(ii) was taken into account on a subsequent occasion for the purpose of determining or re-determining his entitlement to council tax benefit on that subsequent occasion and that determination or re-determination resulted in his beginning to receive, or ceasing to receive, council tax benefit;
and where more than one benefit week or part-week is identified by reference to heads (i) and (ii) of this sub-paragraph the later or latest such benefit week or, as the case may be, the later or latest such part-week;
Capital jointly held
Provisions which do not apply
(b) regulations 57 and 58 (benefit period).
Amendment of regulation 52
(c) in respect of a non-dependant aged 18 or over to whom neither sub-paragraph (a) nor sub-paragraph (b) applies, £2.30 x 1/7.";
(b) in paragraph (8), in sub-paragraph (a), after "income support", insert ", on state pension credit".
Continuing payments
53B. - (1) This regulation applies where -
(b) paragraph (2) is satisfied; and (c) either -
(ii) the claimant's partner has actually claimed state pension credit.
(2) This regulation is only satisfied if the Secretary of State has certified to the relevant authority that the claimant's partner has actually claimed state pension credit or that -
(ii) income-based jobseeker's allowance has terminated because the claimant has attained the qualifying age for state pension credit or the age of 65; and
(b) the claimant has claimed or is treated as having claimed or is required to make a claim for state pension credit.
(3) In a case to which this regulation applies, council tax benefit shall continue to be paid for the period of 4 weeks beginning on the day following the day the claimant's entitlement to income support or, as the case may be, income-based jobseeker's allowance, ceased, if and for so long as the claimant otherwise satisfies the conditions for entitlement to council tax benefit.
(b) the appropriate maximum council tax benefit of the claimant shall be that which was applicable in his case immediately before that period commenced.
(5) The appropriate maximum council tax benefit shall be calculated in accordance with regulation 51(1) if, since the date it was last calculated, a change in the deduction under regulation 52 falls to be made."
Application of Schedule 2 21. - (1) Schedule 2 to these Regulations shall have effect in relation to both housing benefit and council tax benefit, but subject to any variations specified in the Schedule in its application to council tax benefit. (2) In its application to council tax benefit, references in Schedule 2 to "the Contributions and Benefits Act" shall be read as references to "the Contributions and Benefits Act 1992". (3) The provisions of Schedule 2 apply only in the case of a person who has attained or whose partner has attained the qualifying age for state pension credit, except in the case of a person to whom paragraph (4) applies. (4) This paragraph applies where the claimant or, if the claimant has a partner, his partner, is a person on income support or on an income-based jobseeker's allowance within the meaning of the Housing Benefit Regulations[145] or, as the case may be, the Council Tax Benefit Regulations. Date on which change of circumstances takes effect 22. - (1) The Housing Benefit Regulations shall be amended in accordance with paragraphs (2) and (3). (2) In regulation 68[146] (date on which change of circumstances is to take effect) -
(b) after paragraph (8), add the following paragraphs -
(b) since the date in respect of which the claimant's entitlement to housing benefit first began or, if later, the anniversary date -
(ii) the income of a non-dependant increased so that the amount of the deduction which falls to be made under regulation 63 increased.
(10) Where this paragraph applies, the change of circumstances shall take effect from the next anniversary date following the change specified in paragraph (9)(b).
(b) in the case of a person who claimed housing benefit on or after 6th October 2003 but before 6th October 2004 and whose award took effect from 6th October 2003, the anniversary of the date the decision on that claim was made by the relevant authority; or (c) in any other case, the anniversary of the date in respect of which the claimant's entitlement to housing benefit first began.
(12) If in any particular case the date determined under sub-paragraphs (a) to (c) of sub-paragraph (11) is not the first day of a benefit week, the anniversary date in that case shall be the first day of the next benefit week to commence after the date determined under those paragraphs.".
(3) After regulation 68A[147], insert -
68B. - (1) Paragraphs (2) to (8) apply where -
(b) the amount of state pension credit awarded to him is changed in consequence of a change in the claimant's circumstances or the correction of an official error; and (c) the change in the amount of state pension credit payable to the claimant results in a change in the rate of housing benefit payable to the claimant.
(2) Where the change of circumstance is that an increase in the amount of state pension credit payable to the claimant results in an increase in the rate at which housing benefit is payable to him, the change shall take effect from the first day of the benefit week in which state pension credit becomes payable at the increased rate.
(b) in any other case, the change shall take effect from the first day of the benefit week next following the date on which the local authority receives notification from the Secretary of State of the change.
(4) Where the change of circumstance is that -
(b) in consequence of the change, the rate of housing benefit payable to the claimant is increased,
the change shall take effect from the first day of the benefit week in which state pension credit becomes payable at the reduced rate.
(4) The Council Tax Benefit Regulations shall be amended in accordance with paragraphs (5) and (6).
(b) after paragraph (9), add the following paragraphs -
(b) since the date in respect of which the claimant's entitlement to council tax benefit first began or, if later, the anniversary date -
(ii) the income of a non-dependant increased so that the amount of the deduction which falls to be made under regulation 52 increased.
(11) Where this paragraph applies, the change of circumstances shall take effect from the next anniversary date following the change specified in paragraph (10)(b).
(b) in the case of a person who claimed council tax benefit on or after 6th October 2003 but before 6th October 2004 and whose award took effect from 6th October 2003, the anniversary of the date the decision on that claim was made by the relevant authority; or (c) in any other case, the anniversary of the date in respect of which the claimant's entitlement to council tax benefit first began.
(13) If in any particular case the date determined under sub-paragraphs (a) to (c) of sub-paragraph (12) is not the first day of a benefit week, the anniversary date in that case shall be the first day of the next benefit week to commence after the date determined under those paragraphs.".
(6) After regulation 59A[149], insert -
59B. - (1) Paragraphs (2) to (8) apply where -
(b) the amount of state pension credit awarded to him is changed in consequence of a change in the claimant's circumstances or the correction of an official error; and (c) the change in the amount of state pension credit payable to the claimant results in a change in the rate at which council tax benefit is allowed to him.
(2) Where the change of circumstance is that an increase in the amount of state pension credit payable to the claimant results in an increase in the rate at which council tax benefit is allowed to him, the change shall take effect from the first day of the benefit week in which state pension credit becomes payable at the increased rate.
(b) in any other case, the change shall take effect from the first day of the benefit week next following the date on which the local authority receives notification from the Secretary of State of the change.
(4) Where the change of circumstance is that state pension credit is reduced and in consequence of the change, the rate of council tax benefit allowed to the claimant is increased, the change shall take effect from the first day of the benefit week in which state pension credit becomes payable at the reduced rate.
Time claims are made or treated as made
(ii) after sub-paragraph (aa)[150] insert -
(b) in paragraph (5)(bb) of regulation 72 and in paragraph (5)(c) of regulation 62, after the words "income support", insert ", in receipt of a guarantee credit";
Notification of change of circumstances
(b) after paragraph (4)[151], add -
(b) changes affecting the residence or income of any non-dependant normally residing with the claimant or with whom the claimant normally resides; (c) any absence from the dwelling which exceeds or is likely to exceed 13 weeks.
(6) In addition to the changes required to be reported under paragraph (5), a person whose state pension credit comprises only a savings credit must also report -
(b) changes affecting child tax credit, child special allowance or child benefit; (c) any change in the amount of the claimant's capital to be taken into account which does or may take the amount of his capital to more than £16,000; (d) any change in the income or capital of -
(ii) a person to whom regulation 23(4)(d) refers,
and whether such a person or, as the case may be, non-dependant stops living or begins or resumes living with the claimant.
(7) A person who is on housing benefit and on state pension credit need only report to the designated office the changes specified in paragraphs (5) and (6).".
(2) In regulation 65 of the Council Tax Benefit Regulations (duty to notify change of circumstances) -
(b) after paragraph (5)[152], add -
(b) any absence from the dwelling which exceeds or is likely to exceed 13 weeks.
(7) In addition to the changes required to be reported under paragraph (6), a person whose state pension credit comprises only a savings credit must also report -
(b) changes affecting child tax credit, child special allowance or child benefit; (c) any change in the amount of the claimant's capital to be taken into account which does or may take the amount of his capital to more than £16,000; (d) any change in the income or capital of -
(ii) a person to whom regulation 15(4)(d) refers,
and whether such a person or, as the case may be, non-dependant stops living or begins or resumes living with the claimant.
(8) A person who is entitled to council tax benefit and on state pension credit need only report to the designated office the changes specified in paragraphs (6) and (7).".
Decisions
(b) paragraph 9 shall be renumbered sub-paragraph (1) of paragraph 9; (c) in the re-numbered sub-paragraph (1), after the words "income support" insert ", state pension credit".
(2) After sub-paragraph (1) of paragraph 9 of Schedule 6 to the Housing Benefit Regulations, insert -
(b) the amount of the savings credit and any child tax credit, child benefit or child special allowance taken into account; (c) the amount of the person's income and capital as notified to the local authority by the Secretary of State and taken into account for the purposes of the housing benefit assessment; (d) any modification of the claimant's income or capital made in accordance with regulation 23 (calculation of claimant's income in savings credit only cases); (e) the amount of the claimant's capital if paragraph (7) of regulation 23 applies in his case.".
(3) After sub-paragraph (1) of paragraph 9 of Schedule 6 to the Council Tax Benefit Regulations, insert -
(b) the amount of the savings credit and any child tax credit, child benefit or child special allowance taken into account; (c) the amount of the person's income and capital as notified to the local authority by the Secretary of State and taken into account for the purposes of the council tax benefit assessment; (d) any modification of the claimant's income or capital made in accordance with regulation 15 (calculation of claimant's income in savings credit only cases); (e) the amount of the claimant's capital if paragraph (7) of regulation 15 applies in his case.".
Amendments relating to recovery of overpaid housing benefit or excess council tax benefit
(2) In regulation 91 of the Council Tax Benefit Regulations[154] (recovery of excess benefit from prescribed benefits), in paragraph (1), at the end, add -
Minor amendments
(b) regulation 93(1)(a)[155] of the Housing Benefit Regulations (circumstances in which payment is to be made to a landlord); (c) regulation 4(5) of the Council Tax Benefit Regulations (remunerative work); (d) column (1) of the Table set out in paragraph 1(2) of Schedule 2 to the Council Tax Benefit Regulations (second adult dependants).
Amendment of the Housing Benefit and Council Tax Benefit (Decisions and Appeals) Regulations 2001
(b) in paragraph (3), after "68A", insert "or 68B" and after "59A", insert "or 59B".
Transitional provision
(b) on the day that person or, as the case may be, his partner attained the qualifying age for state pension credit,
whichever is the later, if the local authority is satisfied that, on that day, the claimant satisfied the conditions of entitlement to housing benefit or, as the case may be, council tax benefit.
(b) the claim is made by a person who has attained, or whose partner has attained, the qualifying age for state pension credit or who will attain or whose partner will attain that age on or before 6th October 2003; and (c) the person making the claim does not satisfy the conditions for entitlement to housing benefit or, as the case may be, council tax benefit.
(2) If in the opinion of the local authority determining the claim, the conditions for the benefit claimed will be satisfied on 6th October 2003 unless there is a change in the claimant's circumstances, the authority may -
(b) award benefit accordingly, but subject to the condition that the claimant does in fact satisfy those conditions when benefit becomes payable under the award.
(3) A decision under paragraph (2)(b) to award benefit may be revised under paragraph 3 of Schedule 7 to the Child Support, Pensions and Social Security Act 2000[157] if the requirements for entitlement to housing benefit or council tax benefit are found not to have been satisfied on 6th October 2003.
(b) regulation 8(2) of the Council Tax Benefit Regulations, as inserted by regulation 15(1) of these Regulations, shall have effect as if for the reference to "13 weeks" there were substituted a reference to "6 weeks".
(2) In this regulation -
(ii) attains or has attained the qualifying age for state pension credit on or before 6th October 2003;
(b) "patient" means a person (other than a person who is serving a sentence of imprisonment or detention in a youth custody institution) who is regarded as receiving free in-patient treatment within the meaning of the Social Security (Hospital In-Patients) Regulations 1975[158];
1. The following Schedules shall have effect as follows -
(ii) Schedule 3A to the Council Tax Benefit Regulations;
(b) the Second Schedule shall have effect as -
(ii) Schedule 4A to the Council Tax Benefit Regulations;
(c) the Third Schedule shall have effect as -
(ii) Schedule 5ZA to the Council Tax Benefit Regulations, to be inserted immediately following Schedule 5 to those Regulations.
2.
- (1) In the First Schedule -
(b) in paragraph 9(3)(b) as it applies to council tax benefit, the reference is to regulation 18(1)(c); and (c) in paragraph 8 as it applies to council tax benefit, the reference is to regulation 20(8)(b).
(2) In the Third Schedule -
(b) in paragraph 21(3) and (4), as it applies to council tax benefit, for the words "award of housing benefit" substitute "award of council tax benefit".
1. Where two or more of paragraphs 2 to 5 apply in any particular case the overall maximum sum which falls to be disregarded in that case under those paragraphs is restricted to -
(b) £20 in any other case.
2.
In a case where a claimant is a lone parent, £25 of earnings.
(b) as an auxiliary coastguard in respect of coast rescue activities; (c) in the manning or launching of a lifeboat if the employment is part-time; (d) as a member of any territorial or reserve force prescribed in Part I of Schedule 6 to the Social Security (Contributions) Regulations 2001[168].
(3) If the claimant's partner is engaged in any employment, so much of his earnings as would not in aggregate with the amount of the claimant's earnings disregarded under this paragraph exceed £20.
(ii) severe disablement allowance under section 68 of that Act[170]; (iii) attendance allowance; (iv) disability living allowance under sections 71 to 76 of that Act; (v) any mobility supplement under article 26A of the Naval, Military and Air Forces Etc. (Disablement and Death) Service Pensions Order 1983[171] (including such a supplement by virtue of any other scheme or order) or under article 25A of the Personal Injuries (Civilians) Scheme 1983[172]; or
(b) is or are registered as blind in a register compiled by a local authority under section 29 of the National Assistance Act 1948[173] (welfare services) or, in Scotland, has been certified as blind and in consequence is registered as blind in a register maintained by or on behalf of a regional or islands council; or
(ii) in any other case, 364 days.
(2) Subject to sub-paragraph (3), £20 is disregarded if the claimant or, if he has a partner, his partner has, within a period of 8 weeks ending on the day in respect of which the claimant or his partner attains the qualifying age for state pension credit, had an award of housing benefit or council tax benefit and -
(b) the person whose earnings qualified for the disregard continues in employment after the termination of that award.
(3) The disregard of £20 specified in sub-paragraph (2) applies so long as there is no break, other than a break which does not exceed 8 weeks, in a person's entitlement to housing benefit or council tax benefit or in employment following the first day in respect of which that benefit is awarded.
(b) £10 shall be disregarded if a claimant who has a partner has earnings.
8.
Any earnings, other than earnings referred to in regulation 28(8)(b), derived from employment which ended before the day in respect of which the claimant first satisfies the conditions for entitlement to housing benefit.
(b) the claimant -
(ii) if he is a member of a couple -
(bb) the aggregate number of hours for which the couple are engaged in remunerative work is at least 30 hours per week; and (cc) his applicable amount includes a family premium under paragraph 3 of Schedule 2A; or
(iii) is a lone parent who is engaged in remunerative work for on average not less than 30 hours per week; or
(bb) the person in respect of whom it is satisfied is engaged in remunerative work for on average not less than 16 hours per week.
(3) The following are the amounts referred to in sub-paragraph (1) -
(b) the amount of child care charges calculated as deductible under regulation 26(1)(c); and (c) the amount of the element referred to in regulation 20(1)(c) of the Working Tax Credit Regulations.
(4) The provisions of regulation 4 shall apply in determining whether or not a person works for on average not less than 30 hours per week, but as if the reference to 16 hours in paragraph (1) of that regulation was a reference to 30 hours.
1. In addition to any sum which falls to be disregarded in accordance with paragraphs 2 to 6, £10 of any of the following, namely -
(b) a war widow's or war widower's pension; (c) a pension payable to a person as a widow or widower under the Naval, Military and Air Forces Etc. (Disablement and Death) Service Pensions Order 1983[176] insofar as that Order is made under the Naval and Marine Pay and Pensions Act 1865[177] or the Pensions and Yeomanry Pay Act 1884[178], or is made only under section 12(1) of the Social Security (Miscellaneous Provisions) Act 1977[179] and any power of Her Majesty otherwise than under an enactment to make provision about pensions for or in respect of persons who have been disabled or have died in consequence of service as members of the armed forces of the Crown; (d) a payment made to compensate for the non-payment of such a pension as is mentioned in any of the preceding sub-paragraphs; (e) a pension paid by the government of a country outside Great Britain which is analogous to any of the pensions mentioned in sub-paragraphs (a) to (c) above; (f) a pension paid to victims of National Socialist persecution under any special provision made by the law of the Federal Republic of Germany, or any part of it, or of the Republic of Austria.
2.
The whole of any amount included in a pension to which paragraph 1 relates in respect of -
(b) the claimant's exceptionally severe disablement.
3.
Any mobility supplement under article 26A of the Naval, Military and Air Forces Etc. (Disablement and Death) Service Pensions Order 1983[180] (including such a supplement by virtue of any other scheme or order) or under article 25A of the Personal Injuries (Civilians) Scheme 1983[181] or any payment intended to compensate for the non-payment of such a supplement.
(ii) whose service in such capacity terminated before 31st March 1973; and
(b) equal to the amount specified in article 29(1A) of the Naval, Military and Air Forces Etc. (Disablement and Death) Service Pensions Order 1983 (pensions to widows or widowers).
(2) In this paragraph, "the Dispensing Instruments" means the Order in Council of 19th December 1881, the Royal Warrant of 27th October 1884 and the Order by His Majesty of 14th January 1922 (exceptional grants of pay, non-effective pay and allowances).
(b) where the aggregate of any such payments exceeds £20, £20 and 50 per cent. of the excess over £20.
10.
If the claimant -
(b) occupies a part of that property; and (c) has an agreement with another person allowing that person to occupy another part of that property on payment of rent and -
(ii) the amount paid is £20 or more per week, £20.
11.
Where a claimant receives income under an annuity purchased with a loan which satisfies the following conditions -
(b) that at the time the loan was made the person to whom it was made or each of the annuitants had attained the age of 65; (c) that the loan was secured on a dwelling in Great Britain and the person to whom the loan was made or one of the annuitants owns an estate or interest in that dwelling; (d) that the person to whom the loan was made or one of the annuitants occupies the dwelling on which it was secured as his home at the time the interest is paid; and (e) that the interest payable on the loan is paid by the person to whom the loan was made or by one of the annuitants,
the amount, calculated on a weekly basis, equal to -
(ii) in any other case, the interest which is payable on the loan without deduction of such a sum.
12.
- (1) Any payment, other than a payment to which sub-paragraph (2) applies, made to the claimant by Trustees in exercise of a discretion exercisable by them.
(b) the payment of rent, council tax or water charges for which that claimant or his partner is liable; (c) meeting housing costs of a kind specified in Schedule II to the State Pension Credit Regulations 2002[186].
(3) In a case to which sub-paragraph (2) applies, £20 or -
(b) if, in the claimant's case, £10 is disregarded in accordance with paragraph 1(a) to (f), £10 or the whole payment if it is less than £10; or (c) if, in the claimant's case, £15 is disregarded under paragraph 7 or paragraph 8 and -
(ii) he has a disregard under paragraph 1(a) to (f), nil.
(4) For the purposes of this paragraph -
13.
Any increase in pension under Part IV of the Naval, Military and Air Forces Etc. (Disablement and Death) Service Pensions Order 1983[188] paid in respect of a dependant other than the pensioner's spouse.
(b) that student's award under section 2 of that Act; (c) under regulations made in exercise of the powers conferred by section 49 of the Education (Scotland) Act 1980[190], that student's bursary, scholarship, or other allowance under that section or under regulations made in exercise of the powers conferred by section 73 of that Act of 1980, any payment to that student under that section; or (d) the student's student loan,
an amount equal to the weekly amount of that parental contribution, but only in respect of the period for which that contribution is assessed as being payable.
(b) is in receipt of an award under section 2 of the Education Act 1962 (discretionary awards) or a bursary, scholarship or other allowance under section 49(1) of the Education (Scotland) Act 1980, or a payment under section 73 of that Act of 1980,
and the claimant makes payments by way of a contribution towards the student's maintenance, other than a parental contribution falling within paragraph 18, an amount specified in sub-paragraph (2) in respect of each week during the student's term.
(b) the amount by way of a personal allowance for a single claimant under 25 less the weekly amount of any award, bursary, scholarship, allowance or payment referred to in sub-paragraph (1)(b),
whichever is less.
1. Any premises acquired for occupation by the claimant which he intends to occupy as his home within 26 weeks of the date of acquisition or such longer period as is reasonable in the circumstances to enable the claimant to obtain possession and commence occupation of the premises. 2. Any premises which the claimant intends to occupy as his home, and in respect of which he is taking steps to obtain possession and has sought legal advice, or has commenced legal proceedings, with a view to obtaining possession, for a period of 26 weeks from the date on which he first sought such advice or first commenced such proceedings whichever is the earlier, or such longer period as is reasonable in the circumstances to enable him to obtain possession and commence occupation of those premises. 3. Any premises which the claimant intends to occupy as his home to which essential repairs or alterations are required in order to render them fit for such occupation, for a period of 26 weeks from the date on which the claimant first takes steps to effect those repairs or alterations, or such longer period as is necessary to enable those repairs or alterations to be carried out. 4. Any premises occupied in whole or in part -
(b) by the former partner of the claimant as his home; but this provision shall not apply where the former partner is a person from whom the claimant is estranged or divorced.
5.
Any future interest in property of any kind, other than land or premises in respect of which the claimant has granted a subsisting lease or tenancy, including sub-leases or sub-tenancies.
(b) he intends to become engaged (or, as the case may be, re-engaged) as a self-employed earner in that business as soon as he recovers or is able to become engaged, or re-engaged, in that business,
for a period of 26 weeks from the date on which the claim for housing benefit is made or, if it is unreasonable to expect him to become engaged or re-engaged in that business within that period, for such longer period as is reasonable in the circumstances to enable him to become so engaged or re-engaged.
(b) the provider undertakes to provide, or secure the provision of, a funeral in the United Kingdom for the claimant on his death; and (c) the sole purpose of the plan is to provide or secure the provision of a funeral for the claimant on his death.
13.
Where an ex-gratia payment has been made by the Secretary of State on or after 1st February 2001 in consequence of the imprisonment or internment of -
(b) the claimant's partner; (c) the claimant's deceased spouse; or (d) the claimant's partner's deceased spouse,
by the Japanese during the Second World War, an amount equal to that payment.
(b) was a diagnosed person's partner at the time of the diagnosed person's death; (c) is a parent of a diagnosed person, a person acting in place of the diagnosed person's parents or a person who was so acting at the date of the diagnosed person's death.
(2) Where -
(b) sub-paragraph (1)(c) applies, it shall apply for the period beginning on the date on which the trust payment is made and ending two years after that date.
(3) Subject to sub-paragraph (4), the amount of any payment by a person to whom a trust payment has been made or of any payment out of the estate of a person to whom a trust payment has been made, which is made to a claimant or a claimant's partner where one of the partners -
(b) was a diagnosed person's partner at the date of the diagnosed person's death; or (c) is a parent of a diagnosed person, a person acting in place of the diagnosed person's parents or a person who was so acting at the date of the diagnosed person's death.
(4) Where -
(b) sub-paragraph (3)(c) applies, it shall apply for the period beginning on the date on which the payment is made and ending two years after that date.
(5) In this paragraph, a reference to a person -
(b) acting in place of the diagnosed person's parents,
at the date of the diagnosed person's death shall include a person who would have been such a person or a person who would have been so acting, but for the diagnosed person being in a care home.
15.
The amount of any payment, other than a war disablement pension or a war widow's or widower's pension, to compensate for the fact that the claimant, the claimant's partner, the claimant's deceased spouse or the claimant's partner's deceased spouse -
(b) had suffered property loss or had suffered personal injury; or (c) was a parent of a child who had died,
during the Second World War.
(b) the Independent Living Funds.
(2) Any payment by or on behalf of a person who is suffering or who suffered from haemophilia or who is or was a qualifying person, which derives from a payment made under any of the Trusts and which is made to or for the benefit of that person's partner or former partner from whom he is not, or where that person has died was not, estranged or divorced.
(b) the payment is made either -
(ii) where that person at the date of the payment is a child or a student who has not completed his full-time education and has no parent or step-parent, to any person standing in the place of his parent,
but only for a period from the date of the payment until the end of two years from that person's death.
(5) Any payment out of the estate of a person who suffered from haemophilia or who was a qualifying person, which derives from a payment under any of the Trusts, where -
(b) the payment is made either -
(ii) where that person at the relevant date was a child or a student who had not completed his full-time education and had no parent or step-parent, to any person standing in place of his parent,
but only for a period of two years from the relevant date.
(b) a qualifying course;
(b) to a person for his maintenance or in respect of a member of his family; and (c) for the period, or part of the period, during which he is following a course of training or instruction provided by, or in pursuance of arrangements made with, that department or approved by that department in relation to him or so provided or approved by or on behalf of the Secretary of State, Scottish Enterprise or Highlands and Islands Enterprise,
but it does not include an allowance paid by any Government department to or in respect of a person by reason of the fact that he is following a course of full-time education, other than under arrangements made under section 2 of the Employment and Training Act 1973[196] or is training as a teacher.
(b) in accordance with an order made under Rule 131 of the Act of Sederunt (Rules of the Court, consolidation and amendment) 1965[199], or under Rule 36.14 of the Ordinary Cause Rules 1993[200] or under Rule 128 of those Rules; or (c) in accordance with the terms of a trust established for the benefit of the claimant or his partner,
the whole of the amount so administered.
(b) effecting essential repairs or alterations to the premises occupied or intended to be occupied by the claimant as his home.
21.
- (1) Subject to sub-paragraph (3) any amount paid -
(b) by way of compensation for the late payment of benefit; (c) in lieu of the payment of benefit; (d) by a local authority out of funds provided under either section 93 of the Local Government Act 2000[201] under a scheme known as "Supporting People" or section 91 of the Housing (Scotland) Act 2001[202].
(2) In sub-paragraph (1), "benefit" means -
(b) disability living allowance; (c) income support; (d) income-based jobseeker's allowance; (e) state pension credit; (f) housing benefit; (g) council tax benefit; (h) working tax credit; (i) child tax credit; (j) a carer's allowance[203]; (k) an increase of an allowance which is payable in respect of constant attendance under paragraph 4 of Part I of Schedule 8 to the Contributions and Benefits Act; (l) any amount included on account of the claimant's exceptionally severe disablement in a war disablement pension or a war widow's or widower's pension.
(3) In a case where the total of any arrears and, if appropriate, any concessionary payment referred to in sub-paragraph (1) relating to any one of the specified payments, benefits or allowances amounts to £5,000 or more (referred to in this sub-paragraph and in sub-paragraph (4) as the "relevant sum") and is -
(b) received by the claimant in full on or after 14th October 2001,
sub-paragraph (1) shall have effect in relation to such arrears or concessionary payment either for a period of 52 weeks from the date of receipt, or, if the relevant sum is received in its entirety during the award of housing benefit, for the remainder of that award if that is a longer period.
(b) where that award is followed by one or more further awards which, or each of which, begins immediately after the previous award ends, such further awards until the end of the last such award, provided that for any such further awards the claimant -
(ii) is the partner of the person who received the relevant sum, or was that person's partner at the date of his death.
22.
Where a capital asset is held in a currency other than Sterling, any banking charge or commission payable in converting that capital into Sterling. 26. The value of the right to receive any income under a life interest or from a life rent. 27. The value of the right to receive any rent except where the claimant has a reversionary interest in the property in respect of which rent is due. 28. The value of the right to receive any income under an annuity or the surrender value (if any) of such an annuity. 29. The dwelling together with any garage, garden and outbuildings, normally occupied by the claimant as his home, including any premises not so occupied which it is impracticable or unreasonable to sell separately and in particular, in Scotland, any croft land on which the dwelling is situated; but only one dwelling shall be disregarded under this paragraph. 30. Where property is held under a trust, other than -
(b) a trust set up with any payment to which paragraph 16 of this Schedule applies,
and under the terms of the trust, payments fall to be made, or the trustees have a discretion to make payments, to or for the benefit of the claimant or the claimant's partner, or both, that property.".
(This note is not part of the Regulations) The Regulations contained in this Instrument are made either by virtue of, or in consequence of, provisions introduced by the State Pension Credit Act 2002 (c.16) ("the 2002 Act"). This Instrument is made before the expiry of the period of 6 months beginning with the coming into force of those provisions; the regulations in it are therefore exempt in accordance with section 173(5) of the Social Security Administration Act 1992 from the requirement in section 172(2) of that Act to refer proposals to make Regulations to the Social Security Advisory Committee and are made without reference to that Committee. These Regulations amend the Housing Benefit (General) Regulations 1987 ("the Housing Benefit Regulations") and the Council Tax Benefit (General) Regulations 1992 ("the Council Tax Benefit Regulations"). They contain new provisions for those who have attained the qualifying age for state pension credit. In the case of a woman, that age is pensionable age and in the case of a man it is the age which is pensionable age in the case of a woman born on the same day as the man (section 1(6) of the State Pension Credit Act 2002). Part 1 of the Regulations provides for their citation, commencement and interpretation. Part 2 contains modifications to the Housing Benefit Regulations. Regulation 3 of that Part adds new expressions to the interpretation provisions in the Housing Benefit Regulations. Regulation 6 contains new provisions for determining the applicable amount for a person who has attained the qualifying age for state pension credit. Rates for those aged 65 or over are higher than for those aged under 65. Regulation 8 replaces the existing provisions on income and capital with new regulations 21 to 44 of the Housing Benefit Regulations. They provide in particular that -
Regulation 25 of the Housing Benefit Regulations provides a definition of "income" for the purposes of those claimants who have attained the qualifying age for state pension credit. Regulations 26 to 29 contain provisions relating to the calculation of a person's income; regulations 30 and 31 provide for the calculation of earnings from employed earner's employment and regulations 32 to 35 provide for the calculation of the earnings of self-employed earners. Regulations 38 to 44 provide for the calculation of a person's capital and include provisions as to notional capital (regulation 42) and diminishing notional capital (regulation 43). Regulation 44 provides for capital jointly held. Notes: [1] See section 176 of the Social Security Administration Act 1992 (c. 5).back [3] See section 173(5)(b) of the Social Security Administration Act 1992.back [6] See regulation 2(1) and (3A); paragraph (3A) was inserted by S.I. 1996/1510.back [10] Relevant amending Instrument is S.I. 1999/1539.back [11] Inserted by S.I. 1996/1944.back [20] See definitions inserted in regulation 2(1) by S.I. 2002/2402.back [21] See section 16(1) of the State Pension Credit Act 2002 (c. 16).back [22] See in particular paragraph 7(2)(b) of Schedule 8.back [23] Bereavement payment was introduced by section 54(1) of the Welfare Reform and Pensions Act 1999 (c. 30).back [24] Part 12ZA was inserted by section 2 of the Employment Act 2002 (c. 22).back [25] Part 12ZB was inserted by section 4 of the Employment Act 2002.back [27] 1979 c. 41; amended by section 24 of the Social Security Act 1985 (c. 53).back [28] The Scheme is set out in the Appendix to S.I. 1982/719.back [36] Section 30DD was inserted by section 63 of the Welfare Reform and Pensions Act 1999 (c. 30) and section 30E was inserted by section 3(1) of the Social Security (Incapacity for Work) Act 1994 (c. 18).back [38] 1948 c. 29; section 21 was amended by the National Health Service and Community Care Act 1990 (c. 19), section 42(1).back [43] 1989 c. 41; Part XA (comprising sections 79A to 79X) was inserted by section 79 of the Care Standards Act 2000(c. 14).back [44] Schedule 9A was inserted by Schedule 3 to the Care Standards Act 2000.back [47] Section 171E was inserted by section 6 of the Social Security (Incapacity for Work) Act 1994 (c. 18).back [48] Paragraph 2 was amended by the Social Security (Incapacity for Work) Act 1994.back [51] S.I. 1972/1265 (N.I.14).back [55] The Scheme is set out in the Appendix to S.I. 1982/719.back [57] Part 12ZA was inserted by section 2 of the Employment Act 2002 (c. 22).back [58] Part 12ZB was inserted by section 4 of the Employment Act 2002.back [59] The Scheme is set out in regulation 4 of, and the Schedule to, the European Communities (Iron and Steel Employees Re-adaptation Benefits Scheme) (No. 2) Regulations 1996 (S.I. 1996/3182).back [60] Industrial tribunals were renamed employment tribunals under section 1 of the Employment Rights (Dispute Resolution) Act 1998 (c. 8) and, under the same section, the Industrial Tribunals Act 1996 may be cited as the Employment Tribunals Act 1996.back [67] 1948 c. 29; section 26(3A) was inserted by the National Health Service and Community Care Act 1990 (c. 19).back [68] 1977 c. 49; section 16A was inserted by section 2 of the Health Act 1999 (c. 8).back [69] 1988 c. 1; sections 257 and 257A were substituted by the Finance Act 1988 (c. 39), section 33.back [70] 1993 c. 48; see section 181(1) of that Act.back [75] Inserted by S.I. 1996/194.back [76] See regulation 2(1) and (3A); paragraph (3A) was inserted by S.I. 1996/1510.back [80] Relevant amending Instrument is S.I. 1999/1539.back [81] Inserted by S.I. 1996/1944.back [90] See section 16(1) of the State Pension Credit Act 2002 (c.16).back [91] See in particular paragraph 7(2)(b) of Schedule 8.back [92] Bereavement payment was introduced by section 54(1) of the Welfare Reform and Pensions Act 1999 (c.30).back [93] Part 12ZA was inserted by section 2 of the Employment Act 2002 (c.22).back [94] Part 12ZB was inserted by section 4 of the Employment Act 2002.back [96] 1979 c.41; amended by section 24 of the Social Security Act 1985 (c.53).back [97] The Scheme is set out in the Appendix to S.I. 1982/719.back [105] Section 30DD was inserted by section 63 of the Welfare Reform and Pensions Act 1999 (c. 30) and section 30E was inserted by section 3(1) of the Social Security (Incapacity for Work) Act 1994 (c.18).back [107] 1948 c.29; section 21 was amended by the National Health Service and Community Care Act 1990 (c.19), section 42(1).back [112] 1989 c.41; Part XA (comprising sections 79A to 79X) was inserted by section 79 of the Care Standards Act 2000 (c.14).back [113] Schedule 9A was inserted by Schedule 3 to the Care Standards Act 2000.back [116] Section 171E was inserted by section 6 of the Social Security (Incapacity for Work) Act 1994 (c.18).back [119] S.I. 1972/1265 (N.I.14).back [123] The Scheme is set out in the Appendix to S.I. 1982/719.back [125] Part 12ZA was inserted by section 2 of the Employment Act 2002 (c.22).back [126] Part 12ZB was inserted by section 4 of the Employment Act 2002.back [127] The Scheme is set out in regulation 4 of, and the Schedule to, the European Communities (Iron and Steel Employees Re-adaptation Benefits Scheme) (No. 2) Regulations 1996 (S.I. 1996/3182).back [128] Industrial tribunals were renamed employment tribunals under section 1 of the Employment Rights (Dispute Resolution) Act 1998 (c.8) and, under the same section, the Industrial Tribunals Act 1996 may be cited as the Employment Tribunals Act 1996.back [130] 1988 c.1; sections 257 and 257A were substituted by the Finance Act 1988 (c.39), section 33.back [136] 1948 c. 29; section 26(3A) was inserted by the National Health Service and Community Care Act 1990 (c.19).back [137] 1977 c. 49; section 16A was inserted by section 2 of the Health Act 1999 (c.8).back [138] 1988 c.1; sections 257 and 257A were substituted by the Finance Act 1988 (c.39), section 33.back [139] 1993 c. 48; see section 181(1) of that Act.back [142] S.I. 1987/1971 as having effect in accordance with Part 2 of these Regulations.back [144] Inserted by S.I.1996/194.back [145] See regulation 2(1) and (3A); paragraph (3A) was inserted by S.I. 1996/1510.back [146] Relevant amending Instruments are S.I. 1992/432, 1994/578, 1995/511 and 1999/2734.back [147] Regulation 68A inserted by S.I. 2000/897.back [148] Relevant amending Instruments are S.I. 1994/578 and 1995/511.back [149] Regulation 59A was inserted by S.I. 2000/897.back [150] Relevant amending Instruments are S.I. 1996/1510 and 2003/48.back [151] Inserted by S.I. 1999/3108.back [152] Inserted by S.I. 1999/3108.back [153] Relevant amending Instruments are S.I. 1988/1971 and 1996/1510.back [154] Relevant amending Instrument is S.I. 1996/1510.back [155] Relevant amending Instruments are S.I. 1996/1510 and 2432.back [158] S.I. 1975/555; see regulation 2(2) and (2A). The relevant amending Instruments are S.I. 1992/2595 and 1999/1326.back [167] 1947 c.41, 1951 c.27 and 1959 c.44.back [169] Section 30A was inserted by the Social Security (Incapacity for Work) Act 1994 (c. 18).back [170] Saved by S.I. 2000/2958, article 4.back [172] S.I. 1983/686; amended by S.I. 1983/1164 and 1540 and 1986/628.back [174] Section 30B was inserted by the Social Security (Incapacity for Work) Act 1994 (c.18), section 2.back [178] 47 & 48 Vict. c. 55.back [180] Article 26A was added by S.I. 1983/1116 and amended by S.I. 1983/1521, 1986/592 and 1989/156.back [181] S.I. 1983/686; amended by S.I. 1983/1164 and 1540, 1986/628 and 1989/415.back [182] Relevant amending Instruments are S.I. 1993/598 and 1906.back [183] Relevant amending Instruments are S.I. 1994/715 and 2021.back [184] Section 39A was inserted by section 55 of the Welfare Reform and Pensions Act 1999 (c.30).back [185] 1988 c.1; subsection (1A) was inserted by the Finance Act 1994 (c.9), section 81(3).back [187] S.I. 1987/1971; see regulations 2(1) and 10.back [189] 1962 c. 12; section 1 was amended by the Education Act 1996 (c.56), Schedule 37, paragraph 4.back [196] 1973 c. 50; section 2 was amended by section 25(1) of the Employment Act 1988 (c.19), by Part I of Schedule 7 to the Employment Act 1989 (c.38) and by section 47(1) of the Trade Union Reform and Employment Rights Act 1993 (c.19).back [200] First Schedule to the Sheriff Courts (Scotland) Act 1907 (c.51) as substituted in respect of causes commenced on or after 1st January 1994 by S.I. 1993/1956; the relevant amending Instrument is S.I. 1996/2167.back [203] An allowance under section 70 of the Social Security Contributions and Benefits Act 1992 is known as a carer's allowance (S.I. 2002/1457).back
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