The Community Charge Benefits (General) Regulations 1989

• (4) Subject to paragraph (5), for the purposes of paragraph (1)(b) the condition is that the claimant would have been entitled to community charge benefit in the relevant week but for regulation 33(1), and in such a case the amount shall be equal to the aggregate of —

• (a) the amount of community charge benefit to which the claimant would have been entitled in the relevant week but for regulation 33(1); and for the purposes of this sub-paragraph if the relevant week is a part-week that amount shall be determined by dividing the amount of community charge benefit to which he would have been so entitled by the number equal to the number of days in the part-week and multiplying the quotient so obtained by 7;

• (b) if the claimant would, but for regulation 43(1) of the Housing Benefit (General) Regulations 1987 have been entitled to housing benefit or to an additional amount of housing benefit in respect of the benefit week, within the meaning of regulation 2(1)of those Regulations (interpretation), which includes the last day of the relevant week the amount (if any) which is equal to –

• (i) in a case where no housing benefit is payable, the amount to which he would have been entitled, or

• (ii) in any other case, the amount equal to the additional amount of housing benefit to which he would have been entitled.

• (5) The amount determined under paragraph (4) shall be re-determined under that paragraph if the claimant makes a further claim for community charge benefit and the conditions in paragraph (6) are satisfied, and in such a case —

• (a) sub-paragraphs (a) and (b) of paragraph (4) shall apply as if for the words “relevant week” there were substituted the words “relevant subsequent week”; and

• (b) subject to paragraph (7), the amount as re-determined shall have effect from the first week following the relevant subsequent week in question.

• (6) The conditions are that —

• (a) a further claim is made 26 or more weeks after —

• (i) the date on which the claimant made a claim for community charge benefit in respect of which he was first treated as possessing the capital in question under regulation 33(1),

• (ii) in a case where there has been at least one re-determination in accordance with paragraph (5), the date on which he last made a claim for community charge benefit which resulted in the weekly amount being re-determined, or

• (iii) the date on which he last ceased to be entitled to community charge benefit, whichever last occurred; and

• (b) the claimant would have been entitled to community charge benefit but for regulation 33(1).

• (7) The amount as re-determined pursuant to paragraph (5) shall not have effect if it is less than the amount which applied in that case immediately before the re-determination and in such a case the higher amount shall continue to have effect.

• (8) For the purposes of this regulation —

• (a) “part-week” means a period of less than a week for which community charge benefit is allowed;

• (b) “relevant week” means the benefit week or part-week in which the capital in question of which the claimant has deprived himself within the meaning of regulation 33(1) —

• (i) was first taken into account for the purpose of determining his entitlement to community charge benefit, or

• (ii) was taken into account on a subsequent occasion for the purpose of determining or re-determining his entitlement to community charge benefit on that subsequent occasion and that determination or re-determination resulted in his beginning to receive, or ceasing to receive, community charge benefit,

and where more than one benefit week or part-week is identified by reference to heads (i) and (ii) of this sub-paragraph the later or latest such benefit week or, as the case may be, the later or latest such part-week;

• (c) “relevant subsequent week” means the benefit week or part-week which includes the day on which the further claim or, if more than one further claim has been made, the last such claim was made.

Capital jointly held

Calculation of tariff income from capital

Carer premium

15A

• (1) The condition is that the claimant or his partner is, or both of them are, in receipt of invalid care allowance under section 37 of the Social Security Act.

• (2) If a claimant or his partner, or both of them, would be in receipt of invalid care allowance but for the provisions of the Social Security (Overlapping Benefits) Regulations 1979, where —

• (a) the claim for that allowance was made on or after the 1st October 1990, and

• (b) the person or persons in respect of whose care the allowance has been claimed remains or remain in receipt of attendance allowance,

he or his partner, or both of them, as the case may be, shall be treated for the purposes of sub-paragraph (1) as being in receipt of invalid care allowance.

Persons in receipt of concessionary payments

Person in receipt of benefit for another

43

• (1) Any payment or repayment made —

• (a) as respects England and Wales, under regulation 3, 5 or 8 of the National Health Service (Travelling Expenses and Remission of Charges) Regulations 1988 (travelling expenses and health service supplies);

• (b) as respects Scotland, under regulation 3, 5 or 8 of the National Health Service (Travelling Expenses and Remission of Charges) (Scotland) Regulations 1988 (travelling expenses and health service supplies).

• (2) Any payment or repayment made by the Secretary of State for Health, the Secretary of State for Scotland or the Secretary of State for Wales which is analogous to a payment or repayment mentioned in sub-paragraph (1).

44

Any payment made under regulation 9 to 11 or regulation 13 of the Welfare Food Regulations 1988 (payments made in place of milk tokens or the supply of vitamins).

45

Any payment made by either the Secretary of State for the Home Department or by the Secretary of State for Scotland under a scheme established to assist relatives and other persons to visit persons in custody.

37

Any arrears of special war widows payment which is disregarded under paragraph 42 of Schedule 3 (sums to be disregarded in the calculation of income other than earnings), but only for a period of 52 weeks from the date of the receipt of the arrears.

38

• (1) Any payment or repayment made —

• (a) as respects England and Wales, under regulation 3, 5 or 8 of the National Health Service (Travelling Expenses and Remission of Charges) Regulations 1988 (travelling expenses and health service supplies);

• (b) as respects Scotland, under regulation 3, 5 or 8 of the National Health Service (Travelling Expenses and Remission of Charges) (Scotland) Regulations 1988 (travelling expenses and health service supplies);

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

• (2) Any payment or repayment by the Secretary of State for Health, the Secretary of State for Scotland or the Secretary of State for Wales which is analogous to a payment or repayment mentioned in sub-paragraph (1); but only for a period of 52 weeks from the date of the receipt of the payment or repayment.

39

Any payment made under regulation 9 to 11 or regulation 13 of the Welfare Food Regulations 1988 (payments made in place of milk tokens or the supply of vitamins), but only for a period of 52 weeks from the date of the receipt of the payment.

40

Any payment made either by the Secretary of State for the Home Department or by the Secretary of State for Scotland under a scheme established to assist relatives and other persons to visit persons in custody, but only for a period of 52 weeks from the date of the receipt of the payment.