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The Community Charge Benefits (General) Regulations 1989

Type Statutory-Instrument

Publication 1989-07-28

Last updated 1990-12-05

State In force

Department King's Printer of Acts of Parliament

Source legislation.gov.uk

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(4) Where in the course of a benefit period —

(a) a claimant’s partner becomes liable for the appropriate authority’s personal community charge or for a collective community charge contribution in that authority’s area on a day prior to which the partner was not so liable; or

(b) a claimant or his partner ceases to be a registered student; or

and the claimant gives notice of any such change of circumstances at —

(i) either of the offices referred to in paragraph (5)(b), where the claimant or his partner is a person on income support, or

(ii) the designated office in any other case,

the notification may also have effect as a new claim for community charge benefit for both the claimant and his partner.

(4A) Where both partners give notice in accordance with paragraph (4) the claimant for the purposes of any new claim shall be determined in accordance with regulation 59(1) (claims by couples).

(5) A claim–

(a) may be sent or delivered to the appropriate social security office where the claimant or his partner is also claiming income support;

(b) where it has not been sent or delivered to the appropriate social security office, shall be sent or delivered to the designated office;

(c) sent or delivered to the appropriate social security office shall be forwarded to the appropriate authority within two working days of the date of either the date of determination of the claim for income support or the receipt of the claim at the appropriate social security office, whichever is the later, or as soon as reasonably practicable thereafter.

(6) Subject to paragraphs (12), (13), (19) and (20) , the date on which a claim is made shall be–

(a) in a case where an award of income support has been made to the claimant or his partner and the claim is made within 4 weeks of the date on which the claim for that income support was received at the appropriate social security office, the first day of entitlement to that income support;

(b) in a case where the claimant or his partner claimed income support but there is no entitlement to income support, the date on which the claim for community charge benefits is received at the appropriate social security office or the designated office whichever is the earlier;

(c) in a case where paragraph (4) applies, the date on which the notification of the change of circumstance is received by either the appropriate social security office or by the designated office;

(d) in any other case, the date on which the claim is received at the designated office.

(7) Where a claim received at the designated office has not been made in the manner prescribed in paragraph (1), that claim is for the purposes of these Regulations defective.

(8) Where a claim is defective because–

(a) it was made on the form approved for the purpose but that form is not accepted by the appropriate authority as being in a written form sufficient in the circumstances of the case; or

(b) it was made in writing but not on the form approved for the purpose and the appropriate authority does not accept the claim as being in a written form which is sufficient in the circumstances of the case,

the appropriate authority may, in a case to which sub-paragraph (a) applies, refer the defective claim to the claimant or, in a case to which sub-paragraph (b) applies, supply the claimant with the approved form.

(9) The appropriate authority shall treat a defective claim as if it had been made in the first instance where the approved form referred or sent to the claimant in accordance with paragraph (8) is received at the designated office properly completed within 4 weeks of it having been referred or sent to him, or such longer period as the appropriate authority may consider reasonable.

(10) A claim which is made on an approved form for the time being is, for the purposes of this regulation, properly completed if completed in accordance with the instructions on the form.

(11) Where, exceptionally, an appropriate authority has not determined its personal community charge by the beginning of the financial year, if a claim for community charge benefits is properly made or treated as properly made and–

(a) the date on which the claim is made or treated as made is in the period from the 1st April of the current year and ending 4 weeks after the date on which the authority sets or determines the charge; and

(b) if the charge had been determined, the claimant would have been entitled to community charge benefits either from–

(i) the benefit week in which the 1st April of the current year fell, or

(ii) a benefit week falling after the date specified in head (i) but before the claim was made,

the appropriate authority shall treat the claim as made in the benefit week immediately preceding the benefit week in which such entitlement would have commenced.

(12) Where the claimant is not entitled to community charge benefit in the benefit week immediately following the date of his claim but the appropriate authority is of the opinion that unless there is a change of circumstances he will be entitled to community charge benefit for a period beginning not later than the thirteenth benefit week following the date on which the claim is made, the appropriate authority may treat the claim as made on a date in the benefit week immediately preceding the first benefit week of that period of entitlement and award benefit accordingly.

(13) Where a person becomes subject to or liable to pay the personal community charge of an appropriate authority but has yet to be shown in the authority’s community charges register as subject to or liable to pay that charge, he or his partner may nevertheless claim community charge benefit in respect of that charge in advance of registration and, if the authority is of the opinion that unless there is a change of circumstances, that person will satisfy all the conditions of entitlement for community charge benefit from the day on which he is shown in the register as subject to or liable to pay that charge (the day of registration), the authority shall treat that claim as having been made either on the date of claim or on the day of registration, whichever is the later, and award benefit accordingly.

(14) Where a person–

(a) is entered or registered in the community charges register of two or more appropriate authorities as subject on the same day or days to personal community charges of the authorities or as liable to pay such charges in respect of those days, and

(b) appeals against one or more entry or registration,

if, within 14 days of being notified of the determination of the appeal, he claims community charge benefit from the authority to which it is determined he is required to pay a personal community charge for the days concerned and that authority is not the authority to which a charge for those days was originally due then, provided the authority to which it is determined he is liable to pay the charge, is satisfied that that person was entitled to community charge benefit for any of the days to which the determination applies, his claim shall be treated as made on the first day in respect of which his entitlement arose.

(15) A person to whom community charge benefit has been granted, or the partner of such a person, may make a claim to the appropriate authority for a further grant of that benefit, for a period beginning immediately after the end of his current benefit period, not more than 13 weeks before the end of that period.

(16) A person may make a further claim not more than 4 weeks after the end of his benefit period or the benefit period of his partner or former partner for a further grant of such benefit, for a period beginning immediately after the end of that benefit period.

(17) The appropriate authority shall invite a person to whom community charge benefit has been granted to make a claim for a further grant of that benefit where either–

(a) the benefit period ended in circumstances to which regulation 55(a) refers (end of entitlement to income support); or

(b) the benefit period is for a period exceeding 16 weeks and is due to end within 8 weeks in accordance with regulation 54(2) to (4) (benefit period) and no such claim has been received in accordance with paragraph (15),

and any claim received following that invitation, if made within 4 weeks of the end of the current benefit period, shall be treated as made for a period beginning immediately after the end of that benefit period in accordance with paragraph (15) or, as the case may be, paragraph (16).

(18) Where the claimant makes a claim in respect of any period before the date on which that claim was, or was treated as, made and he proves that there was good cause for his failure to make that claim throughout the period between any date in that earlier period and the date on which the claim was or was treated as made, his claim shall, subject to section 165A of the Social Security Act[^f00063] (52 week limit on entitlement before the date of claim), be treated as made on the first day of that earlier period from which he can prove good cause.

(19) Where—

(a) on or after 1st April 1990 a claimant satisfies the capital condition in section 22(6) of the Act for community charge benefit and he would not have satisfied that condition had the amount prescribed under regulation 27 (capital limit) been £8,000; and

(b) a claim for that benefit is received from him at the appropriate social security office or designated office not later than 27th May 1990,

the claim shall be treated as made on the date not later than 5th December 1990 determined in accordance with paragraph (20).

(20) For the purposes of paragraph (19), where—

(a) the claimant satisfies the other conditions of entitlement to community charge benefit in the benefit week in which he satisfies the capital condition, the date shall be the date on which he satisfied that condition;

(b) the claimant does not satisfy the other conditions of entitlement to community charge benefit in the benefit week in which he satisfies the capital condition, the date shall be the first day of the benefit week in which he satisfies the conditions of entitlement to that benefit.

Evidence and information

61

(1) A person who makes a claim shall furnish such certificates, documents, information and evidence in connection with the claim, or any question arising out of it, as may be reasonably required by the appropriate authority in order to determine that person’s entitlement to community charge benefits, and shall do so within 4 weeks of being required to do so or such longer period as the appropriate authority may consider reasonable, but nothing in this regulation shall require a person to furnish any certificates, documents, information or evidence relating to a payment which is disregarded under paragraph 35 of Schedule 3 or paragraph 23 of Schedule 4 (payments made under the Macfarlane Trust the Macfarlane (Special Payments) Trust or the Independent Living Fund).

(2) Where a request is made under paragraph (1), the appropriate authority shall–

(a) inform the claimant of his duty under regulation 63 (duty to notify change of circumstances) to notify the designated office of any change of circumstances; and

(b) without prejudice to the extent of the duty owed under regulation 63, indicate to him either orally or by notice or by reference to some other document available to him on application and without charge, the kind of change of circumstances which is to be notified.

Amendment and withdrawal of claim

62

(1) A person who has made a claim may amend it at any time before a determination has been made on it, by a notice in writing delivered or sent to the designated office and any claim so amended shall be treated as if it had been amended in the first instance.

(2) A person who has made a claim may withdraw it at any time before a determination has been made on it, by notice to the designated office, and any such notice of withdrawal shall have effect when it is received.

Duty to notify changes of circumstances

63

(1) Subject to paragraph (2), if at any time between the making of a claim and its determination, or during the benefit period, there is a change of circumstances which the claimant or his partner, or any person by whom or on whose behalf sums payable by way of community charge benefits are receivable, might reasonably be expected to know might affect the claimant’s or partner’s right to, the amount of, or the receipt of community charge benefits, that person shall be under a duty to notify that change of circumstances by giving notice in writing to the designated office.

(2) The duty imposed on a person by paragraph (1) does not extend to notifying changes–

(a) in the amount of a personal community charge payable to the appropriate authority;

(b) in the age of the claimant or that of any member of his family;

(d) in the case of a claimant on income support, any changes in circumstances which affect the amount of income support but not the amount of community charge benefits to which he is entitled, other than the cessation of that entitlement to income support.

(3) Notwithstanding paragraph (2)(b) or (d) a claimant shall be required by paragraph (1) to notify the designated office of any change in the composition of his family arising from the fact that a person who was a member of his family is now no longer such a person because he ceases to be a child or young person.

PART IX — DETERMINATION OF QUESTIONS

Who is to make a determination

64

(1) Unless provided otherwise by these Regulations, any matter required to be determined under these Regulations shall be determined in the first instance by the appropriate authority.

(2) An authority shall be under no duty to determine a claim–

(a) where the claim has not been made in accordance with regulation 60(1) (time and manner in which claims are to be made) or treated as so made by virtue of regulation 60(9);

(b) where the claimant has failed to satisfy the provisions of regulation 61 (evidence and information);

(d) made more than 13 benefit weeks prior to the expiry of the claimant’s current benefit period.

(3) Every claim shall be determined by the appropriate authority within 14 days of the provisions of regulations 60 and 61 being satisfied (time and manner for making claims and evidence and information required) or as soon as reasonably practicable thereafter.

Notification of determinations

65

An authority shall notify in writing any person affected by a determination made by it under these Regulations–

(a) in the case of a determination on a claim, forthwith or as soon as reasonably practicable thereafter;

(b) in any other case, within 14 days of that determination or as soon as reasonably practicable thereafter,

and every notification shall include a statement as to the matters set out in Schedule 5.

Time and manner of making notifications, requests or representations

66

(1) Any notice or other document that is to be given or sent to an authority shall be deemed to have been given or sent on the day it is received at the designated office.

(2) Any notice or other document that is to be given or sent by an authority to any person shall be deemed to have been given or sent if sent by post to that person’s last known or notified address, on the date it was posted.

(3) The times specified by regulations 67(2) (review of determinations), 68 (requests for statement of reasons) and 69 (further review of determinations) for making a request for a statement or representations may be extended for special reasons, by the appropriate authority or where relevant a Review Board, even though the time specified may have already expired.

(4) Any application for an extension of time shall be in writing, shall be sent or delivered to the designated office and shall be determined by the appropriate authority or where relevant decided by a Review Board.

(5) There shall be no review or further review of a determination or decision of a Review Board under paragraph (3) or (4).

Review of determinations

67

(1) Any determination or decision of a Review Board may be reviewed at any time by the appropriate authority if–

(a) there has been any relevant change of circumstances since the determination or decision was made; or

(b) the authority is satisfied and, in the case of a decision, satisfied by fresh evidence, that the determination or decision was made in ignorance of, or was based on a mistake as to, some material fact; or

(c) except in the case of a decision made by a Review Board, it is satisfied that that determination was based on a mistake as to the law.

(2) Notwithstanding paragraph (1), if a person makes written representations to an authority concerning a determination which it makes in relation to him within 6 weeks of the date of notification to him of the determination, the authority shall review the determination in the light of those representations.

(3) Subject to paragraph (4), where a determination is revised on review, the determination as revised shall have effect–

(a) in a case to which paragraph (1)(a) applies, from the date on which the relevant change of circumstances is to have effect, in accordance with regulation 56 (date on which change of circumstances is to take effect);

(b) in a case to which paragraph (1)(b) or (c) or (2) applies, in place of the original determination;

(c) in the case of a determination under regulation 60(18) (time and manner in which claims are to be made), not to allow a claim to be treated as made on a date earlier than it was made, which is revised in favour of the claimant, from the date on which in accordance with regulation 60(18) that claim is treated as made.

(4) For the purposes of calculating the period of 6 weeks mentioned in paragraph (2) no account shall be taken of any period beginning with the receipt by an authority of a request for a statement under regulation 68 (requests for statement of reasons) and ending with the provision to that person of that statement.

(5) Except as provided by paragraph (3)(c) a determination or decision shall not be revised upon review so as to make community charge benefits payable or to increase the amount of benefits payable in respect of any period which is more than 52 weeks before–

(a) where written representations were made in accordance with paragraph (2), the date on which those written representations were made; or

(b) in any other case, the date on which the determination was revised.

(5A) Notwithstanding paragraph (1)(a), a determination or a decision shall not be reviewed where the change of circumstances is the repayment of a loan to which regulation 42A (treatment of student loans) applies.

(6) Regulations 65 to 68 shall apply to the revision of any determination as they apply to a determination.

Requests for statement of reasons

68

(1) A person to whom an authority sends or delivers a notification of determination may request in writing the authority to provide a written statement setting out the reasons as to its determination of any matter set out in the notice.

(2) The written statement referred to in paragraph (1) shall be sent to the person requesting it within 14 days or as soon as is reasonably practicable thereafter.

Further review of determinations

69

(1) A person who has made representations under regulation 67(2) (review of determinations) may give or send to the appropriate authority written notice requesting a further review of the determination within 4 weeks of the date on which the determination on those representations was sent to him.

(2) The notice given under paragraph (1) shall set out the grounds on which a further review is requested.

(3) Subject to paragraph (4), the further review shall be conducted by a Review Board appointed by the appropriate authority and constituted in accordance with Schedule 6.

(4) Notwithstanding paragraph (3) where, under this regulation, a person has requested a further review of a determination and has also, in connection with a claim for housing benefit, requested a further review of a determination relating to housing benefit in accordance with regulation 81 of the Housing Benefit (General) Regulations 1987[^f00064] further reviews of determinations with respect to housing benefit), a Review Board appointed in accordance with that regulation may also be appointed under this regulation to conduct a further review of the determination in respect of community charge benefit at the same time, provided that the appropriate authority and the person who has made the representation against each determination and any affected partner agree to this course.

(5) Notice of any hearing by the Review Board shall be given by the Board to the persons concerned in accordance with regulation 70(3) (10 days notice of hearing) unless all such persons agree that such notice may be dispensed with.

Procedure on further review

70

(1) Within 6 weeks of receipt by an authority of a notice under regulation 69(1) (further review of determinations) requesting a further review or, if that is not reasonably practicable as soon as possible thereafter, the Review Board shall hold an oral hearing in order to conduct a further review.

(2) Subject to the provisions of these Regulations–

(a) the procedure in connection with a further review shall be such as the Chairman of the Review Board shall determine;

(b) any person affected may make representations in writing in connection with the further review and such representations shall be considered by the Review Board;

(i) to be heard, and may be accompanied and may be represented by another person whether that person is professionally qualified or not, and for the purposes of the proceedings at the hearing any representative shall have the rights and powers to which any person affected is entitled under these Regulations,

(ii) to call persons to give evidence, and

(iii) to put questions to any person who gives evidence,

(d) the Review Board may call for, receive or hear representations and evidence from any person present as it considers appropriate.

(3) Reasonable notice (being not less than 10 days beginning on the day on which notice is given and ending on the day before the hearing of the further review) of the time and place of the oral hearing before the Review Board shall be given to any person affected, and if such notice has not been given the hearing may proceed only with the consent of every person affected or his representative.

(4) If any person affected should fail to appear at the hearing, notice having been given to him in accordance with paragraph (3), the Review Board may, having regard to all the circumstances including any explanations offered for the absence, proceed with the hearing notwithstanding his absence, or give such directions with a view to the conduct of the further review as it may think proper.

(5) Any person affected to whom notice has been given under paragraph (3) may apply in writing to the Chairman requesting a postponement of the hearing or withdrawing his application for a further review at any time before the decision on further review is given and either before or after the hearing has begun, and the Chairman may grant or refuse the application as he thinks fit.

(6) A hearing may be adjourned by the Review Board at any time during the hearing on the application of any person affected or of its own motion, and, if a hearing is adjourned part heard and after the adjournment the Review Board is differently constituted, otherwise than through the operation on that occasion of paragraph (7), the proceedings shall be by way of a complete rehearing of the case.

(7) Any hearing may, with the consent of every person affected or his representative but not otherwise, be proceeded with in the absence of any member of the Review Board provided that at least two members are present and one member is present or acts as the Chairman of the Board.

(8) The decision of the majority of the Review Board shall be the decision of the Board, and where the Board consists of an even number, the Chairman shall have a second or casting vote.

(9) An authority may pay travelling expenses in respect of attendance at the hearing to any person affected and to one other person representing or accompanying him at the hearing.

Decisions upon further review

71

(1) Upon further review the Review Board shall decide whether to confirm or revise the determination of the appropriate authority and, where the determination has been reviewed and revised under regulation 67 (review of determinations), it shall decide whether to confirm or revise the determination so revised.

(2) In reaching its decision the Review Board shall apply the provisions of these Regulations as though any duty imposed on, or power or discretion conferred on, an authority were imposed or conferred upon the Review Board.

(3) In its application to a decision of a Review Board, the 52 week period referred to in regulation 67(5) (review of determinations) shall be calculated from the date that the appropriate authority either confirmed or revised its determination on review.

(4) The Chairman of the Review Board shall–

(a) record in writing all its decisions; and

(b) include in the record of every decision a statement of the reasons for such decisions and of its findings on questions of fact material thereto.

(5) Within 7 days of the Review Board’s decision or, if that is not reasonably practicable, as soon as possible thereafter, a copy of the record of that decision made in accordance with this regulation shall be given or sent to every person affected.

Effect of revising a determination

72

Where a Review Board has decided that a determination or, as the case may be, a revised determination of an authority shall be revised, the authority shall alter its determination or, as the case may be, revised determination in accordance with that decision with effect from the date of determination or, as the case may be, revised determination.

Correction of accidental errors in determinations and decisions

73

(1) Subject to regulation 75 (provisions common to regulations 73 and 74), accidental errors in any determination or record of a decision may at any time be corrected by the determining authority who gave the determination or decision or by an authority of like status.

(2) A correction to a determination or to the record of a decision shall be deemed to be part of that determination or of that record and written notice of it shall be given as soon as practicable to any person affected.

Setting aside of determinations and decisions on certain grounds

74

(1) Subject to regulation 75 (provisions common to regulations 73 and 74), on an application made by any person affected by the determination or decision, a determination or decision may be set aside by the determining authority which gave the determination or decision or by an authority of like status, in a case where it appears just to set the determination or decision aside on the ground that–

(a) a document relating to the matters relevant to the determination or decision was not sent to, or was not received at an appropriate time by, any person affected by the determination or decision, his representative, or the determining authority which gave the determination or decision; or

(b) in the case of a hearing before the Review Board, any person affected or his representative was not present; or

(2) An application under this regulation shall be made in writing and sent or delivered to the determining authority which gave the determination or decision, within 13 weeks of the day on which notice of that determination or decision was given.

(3) Where an application to set aside a decision of the Review Board is entertained under paragraph (1), any person affected shall be sent a copy of the application and shall be afforded a reasonable opportunity of making representations on it before the application is determined.

(4) Notice in writing of a determination or decision on an application to set aside a determination or decision shall be given to any person affected, as soon as may be practicable, and the notice shall contain a statement giving reasons for the determination or decision.

(5) For the purposes of determining under these Regulations an application to set aside a determination or decision there shall be disregarded regulation 66(2) (time and manner of making notifications, requests or representations) and any provision in any enactment or instrument to the effect that any notice or document required or authorised to be given or sent to any person shall be deemed to have been given or sent if it was sent by post to that person’s last known or notified address.

Provisions common to regulations 73 and 74

75

(1) In regulations 73 and 74–

“authority of like status” means a Review Board of different composition to that giving the decision where it is inexpedient for that same Review Board to correct or set aside its decision;

“determining authority” means an appropriate authority or a Review Board.

(2) In calculating the time specified in regulations 67(2) (review of determinations), 69(1) (further review of determinations), and 74(2) (setting aside of determinations and decisions on certain grounds) there shall be disregarded any day before the day on which notice was given of a correction to a determination or to the record of a decision under regulation 73 (correction of accidental errors in determinations and decisions) or a refusal to make such a correction, or on which notice is given of a determination or decision that a determination or decision shall not be set aside following an application made under regulation 74 as the case may be.

(3) There shall be no review or further review of a correction made under regulation 73 or a refusal to make such a correction or against a determination or decision given under regulation 74.

PART X — AWARDS OR PAYMENTS OF BENEFIT

Time and manner of granting community charge benefit in respect of personal community charges

76

(1) Subject to regulations 80, 81 and 82 (withholding of benefit, payments on death and offsetting) and paragraphs (2) to (4), where a person is entitled to community charge benefit in respect of his liability for a personal community charge, the appropriate authority shall discharge his entitlement to that benefit by reducing, so far as possible, the amount of the personal community charge for which he is liable or, where this is not possible, shall pay to him the amount of the benefit to which he is entitled, within 14 days of the receipt of the claim at the designated office or, if that is not practicable, as soon as possible thereafter.

(2) Subject to paragraph (3), where the amount of community charge benefit to which a person is entitled exceeds his liability for any personal community charge, the appropriate authority may, so far as possible, reduce the next and any subsequent payments which he is liable to make in respect of any personal community charge of the authority by the amount of the benefit in respect of which his entitlement remains undischarged, until that entitlement is fully discharged.

(3) Where the amount of any personal community charge for which a person remains liable in respect of a relevant chargeable financial year is insufficient to enable his entitlement to community charge benefit to be discharged in that year in accordance with paragraph (2), upon the final payment of that charge beoming due the outstanding balance of any benefit remaining owing to that person shall be paid to him by the appropriate authority.

(4) Where a person is no longer liable to an authority for personal community charges and he has paid the charge or charges in respect of which he is entitled to community charge benefit, the authority shall pay the outstanding benefit to him within 14 days of it being determined that benefit is due or, if that is not practicable, as soon as possible thereafter.

(5) The appropriate authority, in any case to which this regulation applies, shall notify the person to whom community charge benefit is due of the amount of that benefit and the amount of any reduction made in his liability for a personal community charge or in the liability of any partner of his.

Time and manner of granting community charge benefit in respect of collective community charge contributions

77

(1) Subject to regulations 78(2) to (4), 80, 81 and 82 (person to whom benefit is to be paid, withholding of benefits, payments on death and offsetting), the appropriate authority shall pay community charge benefit to which a person is entitled on account of his liability to pay any collective community charge contribution under section 11(11) of the 1987 Act[^f00065] or section 9 of the 1988 Act, at such time and in such manner as is appropriate having regard to–

(a) the times at which and the frequency with which a person’s liability to pay a collective community charge contribution arises; and

(b) the reasonable needs and convenience of the person entitled thereto.

(2) Payment of community charge benefit under paragraph (1) may take the form of vouchers issued by the appropriate authority which vouchers shall state–

(a) the name of the person entitled to the benefit;

(b) the address of the premises in respect of which the collective community charge is payable;

(3) Any voucher paid in accordance with paragraph (2) on account of a person’s entitlement to community charge benefit may be paid by that person to the charge payer to whom the contribution is due, in reduction of the liability for the contribution concerned.

(4) Except in cases to which regulations 80, 81 and 82 apply, the first award or payment of community charge benefit in respect of collective community charge contributions shall be made within 7 days of the receipt of a claim at the designated office or if that is not reasonably practicable as soon as possible thereafter.

Person to whom benefit is to be paid

78

(1) Subject to regulation 81 (payment on death) and paragraphs (2) to (4), payment of any community charge benefits to which a person is entitled shall be made to that person.

(2) Where a person other than a person who is entitled to a community charge benefit made the claim and that first person is a person referred to in regulation 59(3), (4) or (6) (persons appointed to act for a person unable to act), benefit may be paid to that person.

(3) Except in cases to which paragraph (4) applies, community charge benefit, to which a person is entitled on account of his liability to pay a collective community charge contribution, may be allowed or paid on behalf of the person entitled direct to the charge payer to whom the relevant contribution is owed, in such manner as the appropriate authority may decide, where the person concerned has requested or consented to the benefit to which he is entitled being allowed or paid to that charge payer.

(4) Where payments of community charge benefit to which a person is entitled on account of his liability to pay a collective community charge contribution have not yet been made, the appropriate authority may, where —

(a) that person remains liable for a collective community charge contribution in respect of his residence in premises for which a collective community charge is payable;

(b) his residence in those premises has ceased; and

pay the outstanding benefit to the person to whom the relevant contribution is owed without obtaining the consent of the person who is liable for that contribution.

Shortfall in benefits

79

(1) Except in cases to which paragraph (2) refers, where, on the review of a determination or a decision of a review board allowing community charge benefits to a person, it is determined that the amount allowed was less than the amount to which that person was entitled, the appropriate authority shall either—

(a) make good any shortfall of benefits which are due to that person, by reducing so far as possible the next and any subsequent payments he is liable to make in respect of the personal community charge of the authority concerned as it has effect for the relevant chargeable financial year until that shortfall is made good; or

(b) where this is not possible or the person concerned so requests, pay any shortfall of benefits due to that person within 14 days of the decision on review being made or if that is not reasonably practicable, as soon as possible afterwards

(2) Shortfalls in benefits need not be paid in any case to the extent that there is due from the person concerned to the appropriate authority any recoverable excess benefits to which regulation 84(1) refers.

(3) Except in cases to which regulation 78(3) and (4) applies (direct payments of benefit to charge payers) where the benefits to which paragraph (1) refers are in respect of a contribution period, there shall be no adjustment as between the person concerned and the person to whom any relevant collective community charge contributions were due (the charge payer) or as between the charge payer and the authority concerned.

Withholding of benefit

80

(1) Where it appears to an appropriate authority that a question has arisen in relation to a person’s entitlement to community charge benefit or to the allowance or payment of such benefit it may withhold the allowance or payment of the benefit in whole or in part pending the determination of that question on review under regulation 67 (review of determinations).

(2) Where it appears to an authority that a question has arisen whether any amount allowed or paid to a person by way of, or in connection with, a claim for community charge benefits, constitutes excess benefits for the purposes of section 31D of the Act or Part XI of these Regulations (excess benefits) it may withhold any allowance or payment of arrears of benefit to that person, in whole or in part, pending the determination of that question.

(3) Subject to paragraph (4), upon determination of a question to which paragraph (1) or (2) refers, any benefit withheld under those paragraphs shall be

(a) allowed to the person concerned by reducing, so far as possible, the next and any subsequent payments he is liable to make in respect of the personal community charge of the authority concerned as it has effect for the relevant chargeable financial year, until the benefit withheld is made good, or

(b) where this is not possible or the person concerned so requests, paid to that person within 14 days of the determination of that question or, if this is not reasonably practicable, as soon as possible afterwards, except to the extent that there was no entitlement to that benefit or recoverable excess benefits remain due from the person from whom the benefit was withheld

(4) If the benefit withheld under paragraph (1) or (2) is in respect of any collective community charge contributions and the authority is satisfied that such contributions remain unpaid, upon determination of a question mentioned in those paragraphs the authority, with the consent of the person from whom the benefit was withheld, may allow, or pay the withheld benefit to the person to whom the contributions are due, except to the extent that there was no entitlement to that benefit or recoverable excess benefits remain due from the person from whom the benefit was withheld.

Payment on death of the person entitled

81

(1) Where the person entitled to any community charge benefits has died the appropriate authority shall make payment either to his personal representative or, where there is none, his next of kin if aged 16 or over.

(2) For the purposes of paragraph (1), “next of kin” means in England and Wales the persons who would take beneficially on an intestacy and in Scotland the person entitled to the moveable estate on intestacy.

(3) A payment under paragraph (1) may not be made unless the personal representative or the next of kin, as the case may be, makes written application for the payment of any sum of benefit to which the deceased was entitled, and such written application is sent to or delivered to the appropriate authority at its designated office within 12 months of the deceased’s death or such longer period as the authority may allow in any particular case.

(4) The authority may dispense with strict proof of title of any person claiming under paragraph (3) and the receipt of such a person shall be a good discharge to the authority for any sum so paid.

Offsetting

82

(1) Where a person has been allowed or paid a sum of community charge benefit under a determination which is subsequently revised upon review or further review, any sum allowed or paid in respect of a period covered by the subsequent determination shall be offset against arrears of entitlement under the subsequent determination except to the extent that the sum exceeds the arrears and shall be treated as properly awarded or paid on account of them.

(2) No amount may be offset under paragraph (1) which has been determined to be recoverable excess benefits under regulation 84 (recoverable excess benefits).

PART XI — EXCESS BENEFITS

Meaning of excess benefits

83

In this Part “excess benefits” means any amount which has been allowed by way of community charge benefits and to which there was no entitlement under these Regulations (whether on initial determination or as subsequently revised on review or further review) and includes any excess which arises by reason of—

(a) a reduction in the amount a person is liable to pay in respect of a personal community charge in consequence of regulations made under section 13A of the 1988 Act or section 9A of the 1987 Act; or

(b) in England and Wales, a substitution under section 34 or, as the case may be, section 35 of the 1988 Act (power to set a substituted amount and duty to set a substituted amount) of a lower amount for the amount previously set by the appropriate authority for its personal community charge under section 32 of that Act (amount set for a personal community charge); or

(c) in Scotland, a reduction in the appropriate authority’s personal community charge made under section 22 of the 1987 Act (reduction of community charges).

Recoverable excess benefits

84

(1) Any excess benefits, except benefits to which paragraph (2) applies, shall be recoverable.

(2) This paragraph applies to excess benefits allowed in consequence of an official error where the claimant or a person acting on his behalf or any other person to whom the excess benefits are allowed could not, at that time, reasonably have been expected to realise that they were excess benefits.

(3) In paragraph (2), “excess benefits allowed in consequence of an official error” means excess benefits in consequence of a mistake made or something done or omitted to be done by the appropriate authority or by an officer or person acting for that authority or by an officer of the Department of Social Security or the Department of Employment acting as such where the claimant, a person acting on his behalf or any other person to whom the payment is allowed did not cause or materially contribute to that mistake, act or omission.

(4) Paragraph (2) shall not apply with respect to excess benefits to which regulation 83(a) to (c) refers.

Authority by which recovery may be made

85

The appropriate authority which allowed the recoverable excess benefits may recover them.

Person from whom recovery may be sought

86

(1) Subject to paragraph (2) recoverable excess benefits shall be due from the claimant or the person to whom the excess benefits were allowed.

(2) Where recoverable excess benefits are allowed to a claimant who has one or more partners, recovery of the excess may be made by deduction from any community charge benefits allowed to a partner, provided that the claimant and that partner were members of the same household both at the time that the excess benefits are allowed and when the deduction is made.

Methods of recovery

87

(1) Without prejudice to any other method of recovery an appropriate authority may recover any recoverable excess benefits due from any persons referred to in regulation 86(1) (person from whom recovery may be sought) by any of the methods specified in paragraphs (2), (2A), (3) and (5) or any combination of those methods.

(2) In the case of excess benefits on account of personal community charges recovery may be either–

(a) by payment by or on behalf of the person to whom regulation 86(1) refers, or

(b) by an addition being made by the appropriate authority to any amount payable in respect of the charge concerned.

(2A) Where, in Scotland, a person’s liability for a personal community charge in respect of the financial year beginning 1st April 1989 is reduced in consequence of regulations made under section 9A of the 1987 Act, any benefit to which he was entitled in respect of that charge under the Housing Benefit (Community Charge Rebates) (Scotland) Regulations 1988, shall take account of his reduced liability for that charge and any benefit which is found to have been overpaid may be recovered by an addition to any amount payable in respect of a personal community charge under that Act or by deduction from any sums to which he may be entitled in consequence of regulations made under section 9A.

(2B) Paragraph (2A) shall not apply in any case where a person’s liability for a personal community charge is reduced in accordance with the Personal Community Charge (Relief) (No. 2) (Scotland) Regulations 1990.

(3) In the case of excess benefits in respect of a contribution period, recovery may be by payment being made to the appropriate authority by or on behalf of the person to whom regulation 86(1) refers.

(4) In a case to which paragraph (3) refers no adjustment of liability shall be made as between the person concerned and the charge payer or as between the charge payer and the appropriate authority.

(5) Where recoverable excess benefits due from any person cannot be recovered by any of the methods specified in paragraphs (2) and (3), the appropriate authority may request the Secretary of State to recover the outstanding excess from the benefits prescribed in regulation 91 in accordance with the provisions of that regulation.

Further provision as to recovery of excess benefits

88

In addition to the methods for recovery of excess benefits which are specified in regulation 87, any sum or part of a sum which is due from the person concerned and which is not paid within 21 days of his being notified of the amount that is due, shall be recoverable in a court of competent jurisdiction by the authority to which the excess benefits are due.

Diminution of capital

89

(1) Where in the case of recoverable excess benefits, in consequence of a misrepresentation or failure to disclose a material fact (in either case whether fraudulent or otherwise) as to a person’s capital, or an error, other than one to which regulation 84(2) (effect of official error) refers, as to the amount of a person’s capital, the excess benefits were in respect of a period (“the excess benefits period”) of more than 13 benefit weeks, the appropriate authority shall, for the purpose only of calculating the amount of the excess–

(a) at the end of the first 13 benefit weeks of the excess benefits period, treat the amount of that capital as having been reduced by the amount of excess community charge benefits allowed during those 13 weeks;

(b) at the end of each subsequent period of 13 benefit weeks, if any, of the excess benefits period, treat the amount of that capital as having been further reduced by the amount of excess community charge benefits allowed during the immediately preceding 13 benefit weeks.

(2) Capital shall not be treated as reduced over any period other than 13 benefit weeks or in any circumstances other than those for which paragraph (1) provides.

Sums to be deducted in calculating recoverable excess benefits

90

In calculating the amount of recoverable excess benefits, the appropriate authority–

(a) if it determines that a lesser amount was properly allowable in respect of the whole or part of the excess benefits period, shall deduct that amount; and

(b) may deduct so much of any payment of personal community charge or collective community charge contribution in respect of the excess benefits period which exceeds the amount, if any, which the claimant was liable to pay for that period under the original erroneous determination.

Recovery of excess benefits from prescribed benefits

91

(1) For the purposes of section 31D(3)(c) and (5)(b) of the Act[^f00066] (deduction of excess community charge benefits from other benefits), the benefits prescribed by this regulation are–

(a) any benefit under the Social Security Act, except those specified in paragraph (2);

(b) income support or family credit under Part II of the Act;

(c) any benefit payable under the legislation of any member State, other than the United Kingdom, concerning the branches of social security mentioned in article 4(1) of Regulation (EEC) No. 1408/71[^f00067] on the application of social security schemes to employed persons, to self-employed persons and to members of their families moving within the Community, whether or not the benefit has been acquired by virtue of the provisions of that Regulation.

(2) Benefits excepted from paragraph (1)(a) are guardian’s allowance and, attendance allowance in respect of a child under section 35(1) to (4) of the Social Security Act[^f00068] as modified by regulation 6 of the Social Security (Attendance Allowance) (No. 2) Regulations 1975[^f00069] ....

(3) Where the Secretary of State is satisfied that:–

(a) recoverable excess benefits have been allowed in consequence of a misrepresentation of or failure to disclose a material fact (in either case whether fraudulent or otherwise), by a claimant or any other person to whom community charge benefits have been allowed; and

(b) the person who misrepresented that fact or failed to disclose it is receiving a sufficient amount of one or more of the benefits prescribed in paragraph (1) to enable deductions to be made for the recovery of the excess,

he shall, if requested to do so by an appropriate authority under regulation 87 (methods of recovery) recover the excess by deduction from any of those benefits.

PART XII — INFORMATION

Information to be supplied by the Secretary of State to an appropriate authority

92

For the purposes of section 31G(1) of the Act[^f00070] (information which may be supplied by the Secretary of State where required by charging or levying authorities in connection with the exercise of their functions relating to community charge benefits), the information prescribed by this regulation is–

(a) the name, date of birth and address of any person who is in receipt of income support and of any partner he may have;

(b) the date on which a claim for income support by a claimant under Part II of the Act was received by the appropriate social security office;

(d) where a claimant’s claim for income support has been disallowed on account of his capital exceeding the amount prescribed in regulation 45 of the Income Support (General) Regulations 1987[^f00071] (capital limit), the reason for the disallowance;

(e) where an award of income support has been made, the first day of entitlement to that benefit;

(f) the date on which a claimant’s entitlement to income support ended or is to end;

(g) where a claimant’s entitlement to income support ends, the reason for it ending;

(h) any further information required for the purpose of–

(i) the calculation and recovery of excess community charge benefits,

(ii) the investigation and prevention of offences relating to community charge benefits,

(iii) any proceedings for an offence under the benefit Acts relating to community charge benefits.

Information to be supplied by an appropriate authority to the Secretary of State

93

For the purposes of section 31G(2) of the Act (information which shall be supplied by a charging or levying authority where required by the Secretary of State in connection with any of his functions under the benefit Acts), the information prescribed by this regulation is–

(a) that a claim for community charge benefits has been disallowed;

(b) the date on which a person’s entitlement to community charge benefits ended or is to end;

(i) the calculation and recovery of overpayments of benefits paid under the benefit Acts,

(ii) the investigation and prevention of offences relating to benefits under the benefit Acts,

(iii) any proceedings for offences relating to benefits under the benefits Acts.

SCHEDULE 1 — APPLICABLE AMOUNTS

PART I — personal allowances

1

The amounts specified in column (2) below in respect of each person or couple specified in column (1) shall be the amounts specified for the purposes of regulations 7(a) and 8(a) and (b)–

(1)	(2)
Person or Couple	Amount
1Single claimant aged–
anot less than 18 but less than 25;	1a£27.40
bnot less than 25.	b£34.90
2Lone parent	2£34.90
3Couple	3£54.80

2

The amounts specified in column (2) below in respect of each person specified in column (1) shall be the amounts specified for the purposes of regulations 7(b) and 8(c)–

(1)	(2)
Child or Young Person	Amount
Person aged–
aless than 11;	a£11.75
bnot less than 11 but less than 16;	b£17.35
cnot less than 16 but less than 18;	c£20.80
dnot less than 18.	d£27.40

PART II — FAMILY PREMIUM

3

The amount for the purposes of regulations 7(c) and 8(d) in respect of a family of which at least one member is a child or young person shall be £7.35.

PART III — PREMIUMS

4

Except as provided in paragraph 5, the premiums specified in Part IV of this Schedule shall, for the purposes of regulations 7(d) and 8(e), be applicable to a claimant who satisfies the condition specified in paragraphs 8 to 15A in respect of that premium.

5

Subject to paragraph 6, where a claimant satisfies the conditions in respect of more than one premium in this Part of this Schedule, only one premium shall be applicable to him and, if they are different amounts, the higher or highest amount shall apply.

6

(1) The severe disability premium to which paragraph 14 applies may be applicable in addition to any other premium which may apply under this Schedule.

(2) The disabled child premium and the carer premium to which paragraphs 15 and 15A respectively apply may be applicable in addition to any other premium which may apply under this Schedule.

7

(1) Subject to sub-para-graph (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–

(a) in the case of a benefit to which the Social Security (Overlapping Benefits) Regulations 1979[^f00072] applies, any period during which, apart from the provisions of those Regulations, he would be in receipt of that benefit; and

(b) any period spent by a person in undertaking a course of training or instruction provided or approved under section 2 of the Employment and Training Act 1973[^f00073] or for any period during which he is in receipt of a training allowance.

(2) For the purposes of the carer premium under paragraph 15A, a person shall be treated as being in receipt of invalid care allowance 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.

Lone Parent Premium

8

The condition is that the claimant is a lone parent.

Pensioner Premium for persons under 75

9

The condition is that the claimant–

(a) is a single claimant or lone parent aged not less than 60 but less than 75; or

(b) has a partner and is, or his partner is, aged not less than 60 but less than 75.

Pensioner Premium for persons 75 and over

10

The condition is that the claimant–

(a) is a single claimant or lone parent aged not less than 75 but less than 80; or

(b) has a partner and is, or his partner is, aged not less than 75 but less than 80.

Higher Pensioner Premium

11

(1) Where the claimant is a single claimant or a lone parent, the condition is that–

(a) he is aged not less than 80; or

(b) he is aged less than 80 but not less than 60, and

(i) the additional condition specified in paragraph 13(1)(a) is satisfied, or

(ii) the claimant was in receipt of community charge benefit and the disability premium was applicable to him in respect of a benefit week within 8 weeks of his 60th birthday and he has, subject to sub-paragraph (3), remained continuously in receipt of community charge benefit since attaining that age.

(2) Where the claimant has a partner, the condition is that–

(a) he or his partner is aged not less than 80; or

(b) he or his parter is aged less than 80 but not less than 60 and either–

(i) the additional condition specified in paragraph 13(1)(a) is satisfied, or

(ii) the claimant was in receipt of community charge benefit and the disability premium was applicable to him in respect of a benefit week within 8 weeks of his 60th birthday and he has, subject to sub-paragraph (3), remained continuously in receipt of community charge benefit since attaining that age.

(3) For the purposes of this paragraph and paragraph 13–

(a) once the higher pensioner premium is applicable to a claimant, if he then ceases, for a period of 8 weeks or less, to be entitled to community charge benefit, he shall, on becoming re-entitled to community charge benefit, thereafter be treated as having been continuously entitled to that benefit;

(b) where sub-paragraphs (1)(b)(ii) and (2)(b)(ii) apply, if a claimant ceases to be entitled to community charge benefit for a period not exceeding 8 weeks which includes his 60th birthday, he shall, on becoming re-entitled to community charge benefit, thereafter be treated as having been continuously entitled to that benefit.

(i) was entitled to housing benefit at any time in the period of 8 weeks before becoming entitled or re-entitled to community charge benefit, and

(ii) satisfied the conditions in respect of higher pensioner premium under paragraphs 10 and 12 of Schedule 2 to the Housing Benefit (General) Regulations 1987,

for the purpose of establishing entitlement or re-entitlement for community charge benefits, he or his partner shall be treated as satisfying the equivalent conditions for higher pensioner premium under this paragraph and paragraph 13.

Disability Premium

12

The condition is that–

(a) where the claimant is a single claimant or lone parent, he is aged less than 60 and the additional condition specified in paragraph 13 is satisfied; or

(b) where the claimant has a partner, either–

(i) the claimant is aged less than 60 and the additional condition specified in paragraph 13(1)(a) or (b) is satisfied by him, or

(ii) his partner is aged less than 60 and the additional condition specified in paragraph 13(1)(a) is satisfied by his partner.

Additional Condition for the Higher Pensioner and Disability Premiums

13

(1) Subject to sub-paragraph (2) and paragraph 7, the additional condition referred to in paragraphs 11 and 12 is that either–

(a) the claimant or, as the case may be, his partner–

(i) is in receipt of one or more of the following benefits: attendance allowance, mobility allowance, mobility supplement, an invalidity pension under section 15 of the Social Security Act[^f00074] or severe disablement allowance under section 36 of that Act[^f00075] but, in the case of invalidity pension or severe disablement allowance, only where it is paid in respect of him, or

(ii) was in receipt of either mobility allowance or invalidity pension under section 15 of the Social Security Act when entitlement to that benefit ceased either on account of the maximum age for this payment being reached or the payment of a retirement pension under the Social Security Act and the claimant has since remained continuously entitled to community charge benefit and, if the mobility allowance or invalidity pension was payable to his partner, the partner is still a member of the family, or

(iii) except where paragraph (1)(a), (b), (c)(ii) or (d)(ii) of regulation 9 (patients) applies, was in receipt of attendance allowance which is no longer in payment solely on account of the claimant or, as the case may be, his partner having been or having been treated as undergoing treatment for a period of more than 4 weeks by virtue of regulation 5 of the Social Security (Attendance Allowance) (No. 2) Regulations 1975[^f00076], or

(iv) is provided by the Secretary of State with an invalid carriage or other vehicle under section 5(2) of the National Health Service Act 1977[^f00077] (other services) or, in Scotland, under section 46 of the National Health Service (Scotland) Act 1978[^f00078] (provision of services) or receives payments by way of grant from the Secretary of State under paragraph 2 of Schedule 2 to that 1977 Act (additional provisions as to vehicles) or under that section 46, or

(v) is blind and in consequence registered in a register compiled by a local authority under section 29 of the National Assistance Act 1948[^f00079] (welfare services) or has been certified as blind and in consequence he is registered in a register maintained by or on behalf of a regional or islands council; or

(b) the circumstances of the claimant fall, and have fallen, in respect of a continuous period of not less than 28 weeks, within sub-paragraph (b) or, if he was in Northern Ireland for the whole or part of that period, within one or more comparable Northern Irish provisions;

(2) For the purposes of sub-paragraph (1)(a)(v), a person who has ceased to be registered as blind on regaining his eyesight shall nevertheless be treated as blind and as satisfying the additional condition set out in that sub-paragraph for a period of 28 weeks following the date on which he ceased to be so registered.

(3) For the purposes of sub-paragraph (1)(b), once the higher pensioner premium or the disability premium is applicable to a claimant by virtue of his satisfying the additional condition specified in that provision, if he then ceases, for a period of 8 weeks or less, to be treated as incapable of work for the purposes of the provisions specified in that provision he shall, on again becoming so incapable of work, immediately thereafter be treated as satisfying the condition in sub-paragraph (1)(b).

(4) For the purposes of sub-paragraph (1)(a)(ii) and (iii), once the higher pensioner premium is applicable to the claimant by virtue of his satisfying the additional condition specified in those provisions, if he then ceases, for a period of 8 weeks or less, to be entitled to community charge benefit, he shall on again becoming so entitled to community charge benefit, immediately thereafter be treated as satisfying the additional condition in sub-paragraph (1)(a)(ii) and (iii).

(5) For the purposes of sub-paragraph (1)(b), once the disability premium is applicable to a claimant by virtue of his satisfying the additional condition specified in that provision, he shall continue to be treated as satisfying that condition for any period spent by him in undertaking a course of training provided under section 2 of the Employment and Training Act 1973 [^f00081]or for any period during which he is in receipt of a training allowance.

(6) For the purposes of sub-paragraph (1)(b), the circumstances of a claimant fall within this sub-paragraph if

(a) he provides evidence of incapacity in accordance with regulation 2 of the Social Security (Medical Evidence) Regulations 1976 (evidence of incapacity for work) in support of a claim for sickness benefit, invalidity pension or severe disablement allowance within the meaning of sections 14, 15 or 36 of the Social Security Act, provided that an adjudication officer has not determined he is not incapable of work, or

(b) he is in receipt of statutory sick pay within the meaning of Part I of the Social Security and Housing Benefits Act 1982;

(7) For the purposes of sub-paragraph (1)(b), once the disability premium is applicable to a claimant by virtue of his satisfying the additional condition specified in that provision, he shall continue to be treated as satisfying that condition for any period spent by him in undertaking a course of training provided under section 2 of the Employment and Training Act 1973.

Severe Disability Premium

14

(1) The condition is that the claimant is a severely disabled person.

(2) For the purposes of sub-paragraph (1), a claimant shall be treated as being a severely disabled person if, and only if–

(a) in the case of a single claimant or lone parent–

(i) he is in receipt of attendance allowance, and

(ii) subject to sub-paragraph (3), he has no non-dependants aged 18 or over residing with him, and

(iii) ... an invalid care allowance under section 37 of the Social Security Act is not in payment to anyone [^f00082] in respect of caring for him;

(b) in the case of a claimant who has a partner–

(i) the claimant is in receipt of attendance allowance, and

(ii) his partner is also in receipt of such an allowance or, if he is a member of a polygamous marriage, all the partners of that marriage are in receipt of such an allowance, and

(iii) subject to sub-paragraph (3), the claimant has no non-dependants aged 18 or over residing with him,

and either an invalid care allowance is in payment to someone in respect of caring for only one of a couple or, in the case of a polygamous marriage for one or more but not all the partners of the marriage, or else such an allowance is not in payment to anyone in respect of caring for either member of a couple or any partner of a polygamous marriage.

(3) For the purposes of sub-paragraph (2)(a)(ii) and (2)(b)(iii) no account shall be taken of either–

(a) a person receiving attendance allowance; or

(b) a boarder.

Disabled Child Premium

15

The condition is that a child or young person for whom the claimant or a partner of his is responsible and who is a member of the claimant’s household–

(a) has no capital or capital which, if calculated in accordance with Part IV in like manner as for the claimant except where otherwise provided, would not exceed £3000; and

(b) is in receipt of attendance allowance or mobility allowance or both or is no longer in receipt of such allowance because he is a patient, provided that the child or young person continues to be a member of the family; or

Persons in receipt of concessionary payments

16

For the purpose of determining whether a premium is applicable to a person under paragraphs 13 to 15, any concessionary payment made to compensate that person for the non-payment of any benefit mentioned in those paragraphs shall be treated as if it were a payment of that benefit.

PART IV — AMOUNTS OF PREMIUMS SPECIFIED IN PART III

17

—

(1) Lone Parent Premium

SCHEDULE 2 — SUMS TO BE DISREGARDED IN THE CALCULATION OF EARNINGS

1

In the case of a claimant who has been engaged in remunerative work as an employed earner or, had the employment been in Great Britain, would have been so engaged–

(a) any earnings paid or due to be paid in respect of that employment which has been terminated–

(i) by way of retirement but only if on retirement he is entitled to a retirement pension under the Social Security Act, or would be so entitled if he satisfied the contribution conditions,

(ii) otherwise than by retirement except earnings to which regulation 18(1)(b) to (e) and (g) to (i) (earnings of employed earners) applies;

(b) any earnings paid or due to be paid in respect of that employment which has been interrupted except earnings to which regulation 18(1)(d) and (e) applies.

2

In the case of a claimant who has been engaged in part-time employment as an employed earner or, had the employment been in Great Britain, would have been so engaged before he made a claim for community charge benefit, any earnings paid or due to be paid in respect of that employment which has been terminated or interrupted before the claim is made except earnings to which regulation 18(1)(e) applies.

3

(1) In a case to which this paragraph applies, £15; but notwithstanding regulation 10 (calculation of income and capital of members of a claimant’s family and of a polygamous marriage) if this paragraph applies to a claimant it shall not apply to his partner except where, and to the extent that, the earnings of the claimant which are to be disregarded under this paragraph are less than £15.

(2) This paragraph applies where the claimant’s applicable amount includes an amount by way of the disability premium or severe disability premium under Schedule 1 (applicable amounts).

(3) This paragraph applies where–

(a) the claimant is a member of a couple and his applicable amount would, but for the higher pensioner premium under Schedule 1 being applicable, include an amount by way of the disability premium under that Schedule; and

(b) he or his partner is under the age of 60 and at least one is engaged in employment.

(4) This paragraph applies where–

(a) the claimant’s applicable amount includes an amount by way of the higher pensioner premium under Schedule 1; and

(b) the claimant or, if he is a member of a couple, either he or his partner has attained the age of 60; and

(c) immediately before attaining that age he or, as the case may be, he or his partner was engaged in employment and the claimant was entitled by virtue of sub-paragraph (2) to a disregard of £15; and

(d) he or, if he is a member of a couple, he or his partner has continued in employment.

(5) This paragraph applies where–

(a) the claimant is a member of a couple and his applicable amount would include an amount by way of the disability premium under Schedule 1, but for–

(i) the pensioner premium for persons aged 75 and over under that Schedule being applicable, or

(ii) the higher pensioner premium under that Schedule being applicable; and

(b) he or his partner has attained the age of 75 but is under the age of 80 and the other is under the age of 60 and at least one member of the couple is engaged in employment.

(6) This paragraph applies where–

(a) the claimant is a member of a couple and he or his partner has attained the age of 75 but is under the age of 80 and the other has attained the age of 60; and

(b) immediately before the younger member attained that age either was engaged in employment and the claimant was entitled by virtue of sub-paragraph (5) to a disregard of £15; and

(7) For the purposes of this paragraph, no account shall be taken of any period not exceeding eight consecutive weeks occurring on or after the date on which the claimant or, if he is a member of a couple, he or his partner attained the age of 60 during which either or both ceased to be engaged in employment or the claimant ceased to be entitled to community charge benefit, or housing benefit or both..

4

If an amount by way of a lone parent premium under Schedule 1 (applicable amounts) is or, but for any pensioner premium, higher pensioner premium or disability premium being applicable to him, would be included in the calculation of the claimant’s applicable amount, £25.

5

In a case where paragraph 3 does not apply to the claimant and he is one of a couple and a member of that couple is in employment, £10; but, notwithstanding regulation 10 (calculation of income and capital of members of claimant’s family and of a polygamous marriage), if this paragraph applies to a claimant it shall not apply to his partner except where, and to the extent that, the earnings of the claimant which are to be disregarded under this paragraph are less than £10.

6

(1) In a case to which neither paragraph 3 nor 4 applies to the claimant, £15 of earnings derived from one or more employments as–

(a) a part-time fireman in a fire brigade maintained in pursuance of the Fire Services Acts 1947 to 1959[^f00083];

(b) an auxiliary coastguard in respect of coast rescue activities;

(d) a member of any territorial or reserve force prescribed in Part I of Schedule 3 to the Social Security (Contributions) Regulations 1979[^f00084];

but, notwithstanding regulation 10 (calculation of income and capital of members of claimant’s family and of a polygamous marriage), if this paragraph applies to a claimant it shall not apply to his partner except to the extent specified in sub-paragraph (2).

(2) If the claimant’s partner is engaged in employment–

(a) specified in sub-paragraph (1), so much of his earnings as would not in aggregate with the amount of the claimant’s earnings disregarded under this paragraph exceed £15;

(b) other than one specified in sub-paragraph (1), so much of his earnings from that employment up to £10 as would not in aggregate with the claimant’s earnings disregarded under this paragraph exceed £15.

7

Where the claimant is engaged in one or more employments specified in paragraph 6(1), but his earnings derived from such employments are less than £15 in any week and he is also engaged in any other employment so much of his earnings from that other employment, up to £5 if he is a single claimant, or up to £10 if he has a partner, as would not in aggregate with the amount of his earnings disregarded under paragraph 6 exceed £15.

8

In a case to which none of the paragraphs 3 to 7 applies, £5.

9

Any amount or the balance of any amount which would fall to be disregarded under paragraph 17, 18 or 28 of Schedule 3 had the claimant’s income which does not consist of earnings been sufficient to entitle him to the full disregard thereunder.

10

Where a claimant is on income support, his earnings.

11

Any earnings derived from employment which are payable in a country outside the United Kingdom for such period during which there is a prohibition against the transfer to the United Kingdom of those earnings.

12

Where a payment of earnings is made in a currency other than sterling, any banking charge or commission payable in converting that payment into sterling.

13

Any earnings of a child or young person except earnings to which paragraph 14 applies.

14

In the case of earnings of a young person who has ceased full-time education for the purposes of section 2 of the Child Benefit Act 1975 (meaning of child)[^f00085] and who is engaged in remunerative work–

(a) if an amount by way of a disabled child premium under Schedule 1 is included in the calculation of his applicable amount, £15;

(b) in any other case, £5.

15

In this Schedule “part-time employment” means employment in which the person is engaged on average for less than 24 hours a week.

SCHEDULE 3 — SUMS TO BE DISREGARDED IN THE CALCULATION OF INCOME OTHER THAN EARNINGS

1

Any amount paid by way of tax on income which is to be taken into account under regulation 23 (calculation of income other than earnings).

2

Any payment in respect of any expenses incurred by a claimant who is–

(a) engaged by a charitable or voluntary body, or

(b) a volunteer,

if he otherwise derives no remuneration or profit from the employment and is not to be treated as possessing any earnings under regulation 25(5) (notional income).

3

In the case of employment as an employed earner, any payment in respect of expenses wholly, exclusively and necessarily incurred in the performance of the duties of the employment.

4

Where a claimant is on income support, the whole of his income.

5

Any mobility allowance under section 37A of the Social Security Act[^f00086].

6

Any concessionary payment made to compensate for the non-payment of–

(a) any payment specified in paragraph 5 or 8;

(b) income support.

7

Any mobility supplement under article 26A of the Naval, Military and Air Forces etc (Disablement and Death) Service Pensions Order 1983[^f00087] (including such a supplement by virtue of any other scheme or order) or under article 25A of the Personal Injuries (Civilians) Scheme 1983[^f00088] or any payment intended to compensate for the non-payment of such a supplement.

8

Any attendance allowance.

9

Any payment to the claimant as holder of the Victoria Cross or of the George Cross or any analogous payment.

10

Any sum in respect of a course of study attended by a child or young person payable by virtue of Regulations made under section 81 of the Education Act 1944[^f00089] (assistance by means of scholarships or otherwise), or by virtue of section 2(1) of the Education Act 1962[^f00090] (awards for courses of further education), or section 49 of the Education (Scotland) Act 1980[^f00091] (power to assist persons to take advantage of educational facilities).

11

In the case of a claimant participating in arrangements for training made under section 2 of the Employment and Training Act 1973[^f00092] or attending at an employment rehabilitation centre established under that section–

(a) any travelling expenses reimbursed to the claimant;

(b) if he receives an allowance under section 2(2)(d) of that Act, such amount, if any, of that allowance expressed to be a living away from home allowance;

but this paragraph, except in so far as it relates to a payment under sub-paragraph (a), (b) or (c), does not apply to any part of any allowance under section 2(2)(d) of that Act.

12

Any Job Start Allowance payable under section 2(1) of the Employment and Training Act 1973.

13

(1) Except where sub-paragraph (2) applies and subject to sub-paragraph (3) and paragraphs 34 and 35, £10 of any charitable payment or of any voluntary payment made or due to be made at regular intervals.

(2) Subject to sub-paragraph (3) and paragraph 35, any charitable payment or voluntary payment made or due to be made at regular intervals which is intended and used for an item other than food, ordinary clothing or footwear, household fuel, eligible rent, community charge or water charges of a single claimant or, as the case may be, of the claimant or any other member of his family.

(3) Sub-paragraphs (1) and (2) shall not apply to a payment which is made by a person for the maintenance of any member of his family or of his former partner or of his children.

(4) For the purposes of sub-paragraph (1) where a number of charitable or voluntary payments fall to be taken into account in any one week they shall be treated as though they were one such payment.

(5) For the purposes of sub-paragraph (2) the expression “ordinary clothing or footwear” means clothing or footwear for normal daily use, but does not include school uniforms, or clothing or footwear used solely for sporting activities.

14

Subject to paragraph 34, £10 of any of the following, namely–

(a) war disablement pension or war widow’s pension or a payment made to compensate for the non-payment of such a pension;

(b) a pension paid under the social security scheme of a country outside Great Britain and which either–

(i) is analogous to a war disablement pension, or

(ii) is paid to a war widow in respect of a person’s death but is otherwise analogous to such a pension;

(c) a pension paid 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, to victims of National Socialist persecution.

15

(1) Any income derived from capital to which the claimant is or is treated under regulation 34 (capital jointly held) as beneficially entitled but, subject to sub-paragraph (2), not income derived from capital disregarded under paragraph 1, 2, 4, 7, 13 or 24 to 27 of Schedule 4.

(2) Income derived from capital disregarded under paragraph 2, 4 or 24 to 27 of Schedule 4 but only to the extent of–

(a) any mortgage payments made in respect of the dwelling and premises; or

(b) any–

(i) standard community charge, or

(ii) community water charge under the 1987 Act,

which the claimant is liable to pay in respect of the dwelling or premises,

in the period during which that income accrued.

16

Where a claimant receives income under an annuity purchased with a loan which satisfies the following conditions–

(a) that the loan was made as part of a scheme under which not less than 90% of the proceeds of the loan were applied to the purchase by the person to whom it was made of an annuity ending with his life or with the life of the survivor of two or more persons (in this paragraph referred to as “the annuitants”) who include the person to whom the loan was made;

(b) that the interest on the loan is payable by the person to whom it was made or by one of the annuitants;

(c) 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;

(d) 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; and

(e) 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,

the amount, calculated on a weekly basis, equal to–

(i) where, or insofar as, section 369 of the Income and Corporation Taxes Act 1988[^f00093] (mortgage interest payable under deduction of tax) applies to the payments of interest on loan, the interest which is payable after deduction of a sum equal to income tax on such payments at the basic rate for the year of assessment in which the payment of interest becomes due,

(ii) in any other case the interest which is payable on the loan without deduction of such a sum.

17

Where the claimant makes a parental contribution in respect of a student attending a course at an establishment in the United Kingdom or undergoing education in the United Kingdom, which contribution has been assessed for the purposes of calculating–

(a) under regulations made in exercise of the powers conferred by section 1 of the Education Act 1962[^f00094], that student’s award under that section;

(b) that student’s award under section 2 of that Act; or

(c) under regulations made in exercise of the powers conferred by section 49 of the Education (Scotland) Act 1980[^f00095], 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,

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.

18

(1) Where the claimant is the parent of a student aged under 25 in advanced education who either–

(a) is not in receipt of any award or grant in respect of that education; or

(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 17, an amount specified in sub-paragraph (2) in respect of each week during the student’s term.

(2) For the purposes of sub-paragraph (1), the amount shall be equal to–

(a) the weekly amount of the payments; or

(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.

19

Any payment made to the claimant by a child or young person or a non-dependant.

20

Where the claimant occupies a dwelling as his home which is also occupied by a person other than one to whom paragraph 19 refers and that person is contractually liable to make payments in respect of his occupation of the dwelling to the claimant–

(a) £4 of any payment made by that person; and

(b) a further £7.35 where the payment is inclusive of an amount for heating.

21

Where the claimant occupies a dwelling as his home which is also occupied by a boarder and payments are made by the boarder in respect of his occupation–

(a) £20.00 of any payment made by that boarder; and

(b) where any payment exceeds £20.00, 50% of the excess.

22

Any income in kind.

23

Any income which is payable in a country outside the United Kingdom for such period during which there is a prohibition against the transfer to the United Kingdom of that income.

24

(1) Any payment made to the claimant in respect of a person who is a member of his family–

(a) in accordance with a scheme approved by the Secretary of State under section 50(4) of the Adoption Act 1958[^f00096] or, as the case may be, section 51 of the Adoption (Scotland) Act 1978[^f00097] (schemes for payments of allowances to adopters);

(b) which is payment made by a local authority, in pursuance of section 34(6) or, as the case may be, section 50 of the Children Act 1975[^f00098] (contributions to a custodian towards the cost of the accommodation and maintenance of a child),

to the extent specified in sub-paragraph (2).

(2) In the case of a child or young person–

(a) to whom regulation 26(2) applies (capital in excess of £3000), the whole payment;

(b) to whom that regulation does not apply, so much of the weekly amount of the payment as exceeds the amount included under Schedule 1 in the calculation of the claimant’s applicable amount for that child or young person by way of the personal allowance and disabled child premium, if any.

25

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