The Community Charge Benefits (General) Regulations 1989

• (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 1987⁷⁰ (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;

• (c) any further information required for the purpose of–

• (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 1979⁷¹ 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 1973⁷² 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.

• (c) where the claimant or his partner

• (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 Act⁷³ or severe disablement allowance under section 36 of that Act⁷⁴ 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 1975⁷⁵, 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 1977⁷⁶ (other services) or, in Scotland, under section 46 of the National Health Service (Scotland) Act 1978⁷⁷ (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 1948⁷⁸ (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 ⁷⁹or 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 ⁸⁰ 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

• (c) is blind or treated as blind within the meaning of paragraph 13.

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

• (c) either he or his partner has continued in employment.

• (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 1959⁸¹;

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

• (c) a person engaged part-time in the manning or launching of a life boat;

• (d) a member of any territorial or reserve force prescribed in Part I of Schedule 3 to the Social Security (Contributions) Regulations 1979⁸²;

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)⁸³ 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 Act⁸⁴.

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 1983⁸⁵ (including such a supplement by virtue of any other scheme or order) or under article 25A of the Personal Injuries (Civilians) Scheme 1983⁸⁶ 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 1944⁸⁷ (assistance by means of scholarships or otherwise), or by virtue of section 2(1) of the Education Act 1962⁸⁸ (awards for courses of further education), or section 49 of the Education (Scotland) Act 1980⁸⁹ (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 1973⁹⁰ 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;

• (c) any training premium,

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 1988⁹¹ (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 1962⁹², 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 1980⁹³, 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 1958⁹⁴ or, as the case may be, section 51 of the Adoption (Scotland) Act 1978⁹⁵ (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 1975⁹⁶ (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

Any payment made by a local authority to the claimant with whom a person is boarded out by virtue of arrangements made under section 21(1)(a) of the Child Care Act 1980⁹⁷ or, as the case may be, section 21 of the Social Work (Scotland), Act 1968⁹⁸ or by a voluntary organisation under section 61 of the 1980 Act or by a care authority under regulation 9 of the Boarding Out and Fostering of Children (Scotland) Regulations 1985⁹⁹ (provision of accommodation and maintenance for children in care).

26

Any payment made by a health authority, local authority or voluntary organisation to the claimant in respect of a person who is not normally a member of the claimant’s household but is temporarily in his care.

27

Any payment made under section 1, 27 or 29 of the Child Care Act 1980 or, as the case may be, section 12, 24 or 26 of the Social Work (Scotland) Act 1968 (local authorities' duty to promote welfare of children and to grant financial assistance to certain persons in, or formerly in, their care).

28

An amount equal to any maintenance payment made by the claimant to his former partner or in respect of his children other than children who are members of his household.

29

Any payment received under an insurance policy taken out to insure against the risk of being unable to maintain repayments on a loan for the purchase of the dwelling which the claimant occupies as his home and secured on that dwelling to the extent that it does not exceed the amount calculated, on a weekly basis, of that repayment.

30

Any payment of income which by virtue of regulation 30 (income treated as capital) is to be treated as capital.

31

Any social fund payment.

32

Any payment under paragraph 2 of Schedule 6 to the Act (pensioners' Christmas bonus).

33

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

34

The total of claimant’s income or, if he is a member of a family, the family’s income and the income of any person which he is treated as possessing under regulation 10(3) (calculation of income and capital of members of claimant’s family and of a polygamous marriage) to be disregarded under regulation 39(2)(b) and regulation 40(1)(e) (calculation of covenant income where a contribution assessed, covenant income where no grant income or no contribution is assessed) , regulation 42A(2) (treatment of student loans) and paragraphs 13 and 14 shall in no case exceed £10 per week.

35

Any payment made under the Macfarlane Trust , the Macfarlane (Special Payments) Trust or the Independent Living Fund.

36

Any housing benefit.

37

Any payment made by the Secretary of State to compensate for the loss (in whole or in part) of entitlement to housing benefit.

38

Any payment by the Secretary of State to compensate for the loss of housing benefit supplement under reglation 19 of the Supplementary Benefit (Requirements) Regulations 1983¹⁰⁰.

39

Any resettlement benefit which is paid to the claimant by virtue of regulation 3 of the Social Security (Hospital In-Patients) Amendment (No. 2) Regulations 1987¹⁰¹.

40

Any payment to a juror or witness in respect of attendance at a court other than compensation for loss of earnings or for the loss of a benefit payable under the benefit Acts.

SCHEDULE 4 — CAPITAL TO BE DISREGARDED

1

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, in particular any croft land on which the dwelling is situated; but, notwithstanding regulation 10 (calculation of income and capital of members of claimant’s family and of a polygamous marriage), only one dwelling shall be disregarded under this paragraph.

2

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.

3

Any sum directly attributable to the proceeds of sale of any premises formerly occupied by the claimant as his home which is to be used for the purchase of other premises intended for such occupation within 26 weeks of the date of sale or such longer period as is reasonable in the circumstances to enable the claimant to complete the purchase.

4

Any premises occupied in whole or in part–

• (a) by a partner or relative of a single claimant or any member of the family where that person is either aged 60 or over or incapacitated;

• (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

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

6

Any reversionary interest.

7

The assets of any business owned in whole or in part by the claimant and for the purposes of which he is engaged as a self-employed earner, or if he has ceased to be so engaged, for such period as may be reasonable in the circumstances to allow for disposal of any such asset.

• (2) The assets of any business owned in whole or in part by the claimant where —

• (a) he is not engaged as a self-employed earner in that business by reason of some disease or bodily or mental disablement; but

• (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 community charge benefit is made, or is treated as 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.

8

Any arrears of, or any concessionary payment made to compensate for arrears due to the non-payment of,–

• (a) any payment specified in paragraph 5, 7 or 8 of Schedule 3;

• (b) an income-related benefit or supplementary benefit, family income supplement under the Family Income Supplements Act 1970¹⁰² or housing benefit under Part II of the Social Security and Housing Benefits Act 1982.

but only for a period of 52 weeks from the date of the receipt of arrears or of the concessionary payment.

9

Any sum–

• (a) paid to the claimant in consequence of damage to, or loss of the home or any personal possession and intended for its repair or replacement; or

• (b) acquired by the claimant (whether as a loan or otherwise) on the express condition that it is to be used for effecting essential repairs or improvement to the home,

which is to be used for the intended purpose for a period of 26 weeks from the date on which it was so paid or acquired or such longer period as is reasonable in the circumstances to effect the repairs, replacement or improvement.

10

Any sum–

• (a) deposited with a housing association as defined in section 1(1) of the Housing Associations Act 1985¹⁰³ as a condition of occupying the home;

• (b) which was so deposited and which is to be used for the purchase of another home, for the period of 26 weeks or such longer period as may be reasonable in the circumstances to enable the claimant to complete the purchase.

11

Any personal possessions except those which have been acquired by the claimant with the intention of reducing his capital in order to secure entitlement to community charge benefits or to increase the amount of those benefits.

12

The value of the right to receive any income under an annuity or the surrender value (if any) of such an annuity.

13

Where the funds of a trust are derived from a payment made in consequence of any personal injury to the claimant, the value of the trust fund and the value of the right to receive any payment under that trust.

14

The value of the right to receive any income under a life interest or from a liferent.

15

The value of the right to receive any income which is disregarded under paragraph 9 of Schedule 2 or paragraph 23 of Schedule 3.

16

The surrender value of any policy of life insurance.

17

Where any payment of capital falls to be made by instalments, the value of the right to receive any outstanding instalments.

18

Any payment made under section 1, 27 or 29 of the Child Care Act 1980 or, as the case may be, section 12, 24 or 26 of the Social Work (Scotland) Act 1968 (local authorities' duty to promote welfare of children and powers to grant financial assistance to persons in, or formerly in their care).

19

Any social fund payment.

20

Any refund of tax which falls to be deducted under section 369 of the Income and Corporation Taxes Act 1988¹⁰⁴ (mortgage interest payable under deduction of tax) on a payment of relevant loan interest for the purpose of acquiring an interest in the home or carrying out repairs or improvements to the home.

21

Any capital which by virtue of regulation 24 or 42A (capital treated as income or treatment of student loans) is to be treated as income.

22

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

23

Any payment made under the Macfarlane Trust , the Macfarlane (Special Payments) Trust or the Independent Living Fund and any sum derived from such a payment.

24

• (1) Where a claimant has ceased to occupy what was formerly the dwelling occupied as the home following his estrangement or divorce from his former partner, that dwelling for a period of 26 weeks from the date on which he ceased to occupy that dwelling, or where the dwelling is occupied as the home by the former partner who is a lone parent, for so long as it is so occupied.

• (2) In this paragraph “dwelling” includes any garage, garden and outbuildings, which were formerly occupied by the claimant as his home and any premises not so occupied which it is impracticable or unreasonable to sell separately, in particular any croft land on which the dwelling is situated.

25

Any premises where the claimant is taking reasonable steps to dispose of those premises, for a period of 26 weeks from the date on which he first took such steps, or such longer period as is reasonable in the circumstances to enable him to dispose of those premises.

26

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.

27

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 such period as is necessary to enable those repairs or alterations to be carried out.

28

Any payment made by the Secretary of State to compensate for the loss (in whole or in part) of entitlement to housing benefit.

29

Any payment made by the Secretary of State to compensate for the loss of housing benefit supplement under regulation 19 of the Supplementary Benefit (Requirements) Regulations 1983.

30

The value of the right to receive an occupational pension.

31

The value of the right to receive any rent.

32

Any payment in kind made by a charity.

33

Any payment not exceeding £200 made under section 2 of the Employment and Training Act 1973¹⁰⁵ (functions of the Secretary of State) as a training bonus to a person participating in arrangements for training made under that section, but only for a period of 52 weeks from the date of the receipt of that payment.

34

Any housing benefit.

SCHEDULE 5 — MATTERS TO BE INCLUDED IN THE NOTICE OF DETERMINATION

PART I — GENERAL

1

The statement of matters to be included in any notice of determination issued by an appropriate authority to a person, and referred to in regulation 65 (notification of determinations) and 67 (review of determinations) are those matters set out in the following provisions of this Schedule.

2

Every notice of determination shall include a statement as to the right of any person affected by that determination to request a written statement under regulation 68 (requests for statement of reasons) and the manner and time in which to do so.

3

Every notice of determination shall include a statement as to the right of any person affected by that determination to make written representations in accordance with regulation 67(2) and the manner and time in which to do so.

4

Every notice of determination following written representations in accordance with regulation 67(2) (review of determinations) shall include a statement as to whether the original determination in respect of which the person made his representations has been confirmed or revised and where the appropriate authority has not revised the determination the reasons why not.

5

Every notice of determination following written representations in accordance with regulation 67(2) (review of determinations) shall include a statement as to the right of any person affected by that determination to request a further review in accordance with regulation 69 (further review of determinations) and of the manner and time in which to do so.

6

An authority may include in the notice of determination any other matters not prescribed by this Schedule which it sees fit, whether expressly or by reference to some other document available without charge to the person.

7

Parts II, III and IV of this Schedule shall apply only to the notice of determination given on a claim.

8

Where a notice of determination is given following a review of an earlier determination–

• (a) made of the authority’s own motion which results in a revision of that earlier determination; or

• (b) made following written representations in accordance with regulation 67(2) (review of determinations), whether or not resulting in a revision of that earlier determination,

that notice shall, subject to paragraph 6, contain a statement only as to all the matters reviewed.

PART II — AWARDS WHERE INCOME SUPPORT IS PAYABLE

9

Where a person on income support is awarded community charge benefit, the notice of determination shall include a statement as to–

• (a) the weekly amount of payments in respect of a personal community charge or any collective community charge contributions.

• (b) the normal weekly amount of the community charge benefit;

• (c) the first day of entitlement to the community charge benefit;

• (d) the date on which his benefit period will end if it is not terminated earlier; and

• (e) his duty to notify any change of circumstances which might affect his entitlement to, or the amount of community charge benefit and (without prejudice to the extent of the duty owed under regulation 63 (duty to notify changes of circumstances) the kind of change of circumstances which is to be notified, either upon the notice or by reference to some other document available to him on application without charge.

PART III — AWARDS WHERE NO INCOME SUPPORT IS PAYABLE

10

Where a person is not on income support but is awarded community charge benefit, the notice of determination shall include a statement as to–

• (a) the matters set out in paragraph 9;

• (b) his applicable amount and how it is calculated;

• (c) his weekly earnings; and

• (d) his weekly income other than earnings.

PART IV — CASES WHERE BENEFIT IS ALLOWED OR PAID DIRECT TO CHARGE PAYERS

11

Where a claimant has requested or consented to benefit in respect of a collective community charge contribution being allowed or paid direct to the charge payer under regulation 78(3), a notice of the amount of benefit and the date from which it will be allowed or paid to the charge payer shall be sent both to the claimant and the charge payer.

PART V — NOTICE WHERE NO AWARD IS MADE

12

Where a person is not awarded community charge benefit–

• (a) either on grounds of income or because the amount of any community charge benefit is less than the minimum community charge benefit prescribed by regulation 52, the notice of determination shall include a statement as to–

• (i) the matters set out in paragraph 9(a) and in a case where the amount of entitlement is less than the minimum amount of community charge benefit, paragraph 9(b) also,

• (ii) the matters set out in paragraph 10(b) to (d) where the person is not on income support, and

• (iii) where the amount of entitlement is less than the minimum amount of community charge benefit prescribed, that fact and that such entitlement is not payable;

• (b) for any reason other than one mentioned in sub-paragraph (a), the notice of determination shall include a statement as to the reason why no award has been made.

PART VI — NOTICE WHERE RECOVERABLE EXCESS BENEFITS

13

Where the appropriate authority makes a determination that there are recoverable excess benefits within the meaning of regulation 84 (recoverable excess benefits), the notice of determination shall include a statement as to–

• (a) the fact that there are recoverable excess benefits;

• (b) the reason why there are recoverable excess benefits;

• (c) the amount of the recoverable excess benefits;

• (d) how the amount of the recoverable excess benefits was calculated;

• (e) the benefit weeks to which the recoverable excess benefits relate in each benefit period or, where the recoverable excess benefits relate to a past period of entitlement as a result of backdating a claim under regulation 60(17) (time and manner in which claims are to be made), in that past period; and

• (f) the method or combination of methods by which the authority intends to recover the recoverable excess benefits, including–

• (i) payment by or on behalf of the person concerned of the amount due by the specified date,

• (ii) addition of the amount due to any amount in respect of the charge concerned for payment whether by instalments or otherwise by the specified date or dates, or

• (iii) if recovery cannot be effected in accordance with heads (i) or (ii), requesting the Secretary of State to recover the excess benefits by deduction from the benefits prescribed in regulation 91 (deduction of excess benefits from prescribed benefits).

SCHEDULE 6 — CONSTITUTION OF REVIEW BOARDS

1

A Review Board appointed by an authority listed in column (1) of the Table below shall consist of not less than three of the persons specified in relation to that authority in column (2) of that Table.

(1)	(2)
Authority	Composition of Board
1 A charging authority other than the Common Council of the City of London.	1 Councillors of that Authority.
2 The Common Council of the City of London.	2 Persons who are mayor, aldermen or common councilmen.
3 In Scotland, a levying authority or district council.	3 Councillors of that authority or council.
4 In Scotland, a Development Corporation.	4 Members of a Development Corporation established for the purposes of a new town by order made, or having effect as if made, under section 2(1) of the New Towns (Scotland) Act 1968106.
5 Scottish Homes.	5 Members of the Scottish Homes.

2

The members of a Review Board shall appoint one of their number to be the Chairman.

Signed

Signed by authority of the Secretary of State for Social Security.

Nicholas Scott — Minister of State, — Department of Social Security — 28th July 1989

Explanatory note

(This note is not part of the Regulations)

These Regulations have effect to provide for matters concerning entitlement to, the amount of and the claiming and payment of community charge benefits in respect of a person’s liability for personal community charges or collective community charge contributions under the Abolition of Domestic Rates Etc (Scotland) Act 1987 (c. 47) or the Local Government Finance Act 1988 (c. 41).

Part I contains general provisions affecting the citation, commencement and interpretation of the Regulations (regulations 1 to 3).

Part II specifies the circumstances in which a person is or is not to be treated as responsible for another person and who is to be treated as a member of the same household as a claimant for community charge benefits (regulations 4 to 6).

Part III and Schedule 1 provide for the calculation of the applicable amount for the purpose of determining a person’s entitlement to community charge benefits. Provision is made with respect to polygamous marriages and persons receiving free in-patient treatment in a hospital (regulations 7–9).

Part IV provides for the calculation of a claimant’s income and capital, in particular the earnings of employed and self-employed earners, the treatment of income other than earnings and notional income, with income to be disregarded set out in Schedules 2 and 3. Calculation of a person’s capital is also dealt with, with capital to be disregarded set out in Schedule 4 (regulations 10 to 35).

Part V contains additional provisions relating to students (regulations 36–45).

Part VI specifies the amount of benefit to which a person is entitled and the calculation of the amount to be paid to couples, the members of polygamous marriages and partners of students undertaking full time courses of education (regulations 46 to 52).

Part VII governs the starting and ending of benefit periods, in particular where there has been a change in a claimant’s circumstances. It also provides for calculating weekly entitlement to benefit (regulations 53 to 58).

Part VIII provides for the making of claims and the duty to notify changes in circumstances (regulations 59 to 63).

Part IX and Schedules 5 and 6 provide for the determination of questions on claims and reviews of such determinations (regulations 64 to 75).

Part X provides for awarding or paying of community charge benefits and specifies to whom awards and payments are to be made (regulations 76 to 82).

Part XI provides for the recovery of excess benefit, what benefits an authority may recover and the method of recovery (regulations 83 to 91).

Part XII provides for the exchange of information between the Secretary of State and charging and levying authorities in connection with their respective functions under the benefit Acts and with respect to community charge benefits (regulations 92 and 93).

The Report of the Social Security Advisory Committee dated July 1989 on the draft of these Regulations which have been referred to them, together with a statement showing why the Regulations do not give effect to the committee’s recommendations is contained in Command Paper No. 760 published by Her Majesty’s Stationery Office.

Footnotes