The Council Tax Benefit (General) Regulations 1992

• (4) Any payment by a person who is suffering from haemophilia or who is a qualifying person, which derives from a payment under any of the Trusts to which sub-paragraph (1) refers, where—

• (a) that person has no partner or former partner from whom he is not estranged or divorced, nor any child or young person who is or had been a member of that person’s family; and

• (b) the payment is made either—

• (i) to that person’s parent or step-parent, or

• (ii) where that person at the date of the payment is a child, a young person or a student who has not completed his full-time education and has no parent or step-parent, to his guardian, but only for a period from the date of the payment until the end of two years from that person’s death.

• (5) Any payment out of the estate of a person who suffered from haemophilia or who was a qualifying person, which derives from a payment under any of the Trusts to which sub-paragraph (1) refers, where—

• (a) that person at the date of his death (the relevant date) had no partner or former partner from whom he was not estranged or divorced, nor any child or young person who was or had been a member of his family; and

• (b) the payment is made either—

• (i) to that person’s parent or step-parent, or

• (ii) where that person at the relevant date was a child, a young person or a student who had not completed his full-time education and had no parent or step-parent, to his guardian,

but only for a period of two years from the relevant date.

• (6) In the case of a person to whom or for whose benefit a payment referred to in this paragraph is made, any capital resource which derives from any payment of income or capital made under or deriving from any of the Trusts.

• (7) For the purpose of sub-paragraphs (2) to (6), any reference to the Trusts shall be construed as including a reference to the Fund.

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 or personal pension.

31

The value of the right to receive any rent.

32

Any payment in kind made by a charity or under the Trusts or the Fund.

33

Any payment not exceeding £200 made under section 2 of the Employment and Training Act 1973¹²¹ (functions of the Secretary of State) or section 2 of the Enterprise and New Towns (Scotland) Act 1990¹²² as a training bonus to a person participating in arrangements for training made under either of those sections, but only for a period of 52 weeks from the date of the receipt of that payment.

34

Any housing benefit.

35

Any payment in consequence of a reduction of a personal community charge pursuant to regulations under section 13A of the Local Government Finance Act 1988 or section 9A of the Abolition of Domestic Rates Etc (Scotland) Act 1987 (reduction of liability for personal community charge) or reduction of council tax under section 13 or, as the case may be section 80 of the 1992 Act, but only for a period of 52 weeks from the date of the receipt of the payment.

36

Any grant made in accordance with a scheme made under section 129 of the Housing Act 1988¹²³ or section 66 of the Housing (Scotland) Act 1988¹²⁴ (schemes for payments to assist local housing authority and local authority tenants to obtain other accommodation) which is to be used—

• (a) to purchase premises intended for occupation as his home; or

• (b) to carry out repairs or alterations which are required to render premises fit for occupation as his home,

for a period of 26 weeks from the date on which he received such a grant or such longer period as is reasonable in the circumstances to enable the purchase, repairs or alterations to be completed and the claimant to commence occupation of those premises as his home.

37

Any arrears of special war widows payment which is disregarded under paragraph 42 of Schedule 4 (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.

41

Any payment made by the Secretary of State to compensate a person who was entitled to supplementary benefit in respect of a period ending immediately before 11th April 1988 but who did not become entitled to income support in respect of a period beginning with that day.

42

Any payment (other than training allowance, or training bonus under section 2 of the Employment and Training Act 1973) made, whether by the Secretary of State or any other person under the Disabled Persons (Employment) Act 1944¹²⁵ or in accordance with arrangements made under section 2 of the Employment and Training Act 1973¹²⁶ to assist disabled persons to obtain or retain employment despite their disability.

43

Any payment made by a local authority under section 3 of the Disabled Persons (Employment) Act 1958¹²⁷ to homeworkers assisted under the Blind Homeworkers' Scheme.

SCHEDULE 6 — 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 67 (notification of determinations) and 69 (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 67(2) (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 69(2) and the manner and time in which to do so.

4

Every notice of determination following written representations in accordance with regulation 69(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 69(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 70 (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 acordance with regulation 69(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 council tax benefit, the notice of determination shall include a statement as to—

• (a) the normal weekly amount of council tax which may be rounded to the nearest penny;

• (b) the normal weekly amount of the council tax benefit, which amount may be rounded to the nearest penny;

• (c) the amount of and the category of non-dependant deductions made under regulation 52, if any;

• (d) the first day of entitlement to the council tax benefit;

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

• (f) his duty to notify any change of circumstances which might affect his entitlement to, or the amount of council tax benefit and, without prejudice to the extent of the duty owed under regulation 65 (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

and in any case where the amount to which sub-paragraph (a) or (b) refers disregards fractions of a penny, the notice shall include a statement to that effect.

PART III — AWARDS WHERE NO INCOME SUPPORT IS PAYABLE

10

Where a person is not on income support but is awarded council tax 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 — NOTICE WHERE INCOME OF NON-DEPENDANT IS TREATED AS CLAIMANT'S INCOME

11

Where an authority makes a determination under regulation 12 (circumstances in which income and capital of a non-dependant is to be treated as the claimant's) the notice of determination shall contain a statement as to—

• (a) the fact that a determination has been made by reference to the income and capital of the claimant’s non-dependant; and

• (b) the appropriate authority’s reasons for making that determination.

PART V — NOTICE WHERE NO AWARD IS MADE

12

Where a person is not awarded council tax benefit under regulation 51 (maximum council tax benefit)—

• (a) on grounds of income, the notice of determination shall include a statement as to—

• (i) the matters set out in paragraph 9(a), and

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

• (b) on the grounds that the amount of the alternative maximum council tax benefit exceeds the appropriate maximum council tax benefit, the matters set out in paragraph 15;

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

PART VI — AWARDS WHERE ALTERNATIVE MAXIMUM COUNCIL TAX BENEFIT IS PAYABLE IN RESPECT OF A DAY

13

Where a person is awarded council tax benefit determined in accordance with regulation 54 and Schedule 2 (alternative maximum council tax benefit) the notice of determination shall include a statement as to—

• (a) the normal weekly amount of council tax, which amount may be rounded to the nearest penny;

• (b) the normal weekly amount of the alternative maximum council tax benefit, which amount may be rounded to the nearest penny;

• (c) the gross income or incomes and the rate of benefit which apply under Schedule 2;

• (d) the first day of entitlement to benefit;

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

• (f) the gross income of any second adult used to determine the rate of the alternative maximum council tax benefit or if any such adult is on income support;

• (g) the claimant’s duty to notify any change of circumstances which might affect his entitlement to, or the amount of the alternative maximum council tax benefit and, without prejudice to the extent of the duty owed under regulation 65 (duty to notify changes of circumstances) the kind of change of circumstances which are to be notified, either upon the notice or by reference to some other document available to the claimant free of charge on application,

and in any case where the amount to which sub-paragraph (a) or (b) refers disregards fractions of a penny, the notice shall include a statement to that effect.

Notice where no award of alternative maximum council tax benefit is made

14

Where a person is not awarded council tax benefit in accordance with regulation 54 and Schedule 2 (alternative maximum council tax benefit)—

• (a) on the grounds that the gross income or as the case may be the aggregate gross incomes, of any second adult or adults in the claimant’s dwelling is too high, the notice of determination shall include a statement as to the matters set out in paragraphs 13(a), (c) and (f);

• (b) on the grounds that the appropriate maximum council tax benefit is higher than the alternative maximum council tax benefit, the matters set out in paragraph 15 below;

• (c) for any reason not referred to in sub-paragraphs (a) and (b), the notice of determination shall include a statement as to why no award has been made.

Notice where council tax benefit is awarded and section 131(9) of the Contributions and Benefits Act 1992 applies

15

Where the amount of a claimant’s council tax benefit in respect of a day, is the greater of the appropriate maximum council tax benefit and the alternative maximum council tax benefit in his case the notice shall in addition to the matters set out in paragraphs 9, 10 or 13, as the case may be, include a statement as to—

• (a) the amount of whichever is the lesser of the appropriate maximum council tax benefit or the alternative maximum council tax benefit in his case, which amount may be rounded to the nearest penny; and

• (b) that this amount has not been awarded in consequence of the award of council tax benefit at a higher rate,

and in any case where the amount to which sub-paragraph (a) refers disregards fractions of a penny, the notice shall include a statement to that effect.

PART VII — NOTICE WHERE THERE IS RECOVERABLE EXCESS BENEFIT

16

Except in cases to which paragraphs (a) and (b) of regulation 83 (excess benefit in consequence of a reduction in an appropriate authority’s council tax) refer, where the appropriate authority makes a determination that there is recoverable excess benefit within the meaning of regulation 84 (recoverable excess benefit), the notice of determination shall include a statement as to—

• (a) the fact that there is recoverable excess benefit;

• (b) the reason why there is recoverable excess benefit;

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

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

• (e) the benefit weeks to which the recoverable excess benefit relates in each benefit period or, where the recoverable excess benefit relates to a past period of entitlement as a result of backdating a claim under regulation 62(16) (back dating of late claims), in that past period; and

• (f) the method or combination of methods by which the authority intends to recover the recoverable excess benefit, 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 tax 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 benefit prescribed in regulation 91 (recovery of excess benefit from prescribed benefits).

SCHEDULE 7 — 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 billing 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 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 made under section 2(1) of the New Towns (Scotland) Act 1968129.
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.

Alistair Burt — Parliamentary Under-Secretary of State, — Department of Social Security — 20th July 1992

Explanatory note

(This note is not part of the Regulations)

These Regulations provide for matters concerning entitlement to, the amount of and the claiming and payment of council tax benefit, which benefit was introduced into Part VII (income-related benefits) of the Social Security Contributions and Benefits Act 1992 (c. 4) by the amendments to that Act made by Schedule 9 of the Local Government Finance Act 1992 (c. 14).

Part I contains general provisions affecting the citation, commencement and interpretation of the Regulations (regulations 1 to 4).

Part II specifies the circumstances in which a child or young person under 19 is or is not to be treated as a member of a family and who is to be treated as a member of the same household as a claimant for council tax benefit (regulations 5 and 6).

Part III and Schedule 1 provide for the calculation of a person’s applicable amount in respect of his entitlement to council tax benefit by reference to which the amount of his benefit is calculated. Provision is made with respect to polygamous marriages and persons receiving free in-patient treatment in a hospital (regulations 8 to 10).

Part IV provides for the calculation of the income and capital of a claimant for council tax benefit, the earnings of employed and self employed earners, the treatment of income other than earnings including notional income, with the sums to be disregarded from such income set out in Schedules 3 and 4. Calculation of capital is also dealt with, with capital to be disregarded set out in Schedule 5 (regulations 11 to 37).

Part V provides for the treatment of students in particular the limits on their entitlement to council tax benefit. It also makes special provision with regards the calculation of their incomes (regulations 38 to 50).

Part VI specifies the maximum amount of council tax benefit to which a person is entitled and any deductions which are to be made from that maximum. It also provides for the cases in which the alternative maximum council tax benefit is to apply (regulations 51 to 55).

Part VII governs the start of entitlement to council tax benefit and the ending of a benefit period, in particular upon a relevant change in a claimant’s circumstances. It also provides for exceptional cases in which the amount of benefit to which a person is entitled may be increased (regulations 56 to 60).

Part VIII provides for the making of claims and for a person’s duty to notify changes of circumstances affecting entitlement to benefit (regulations 61 to 65).

Part IX provides for the determination of questions arising on claims and the review of such determinations (regulations 66 to 76).

Part X provides for the awarding or paying of council tax benefit including to whom awards or payments are to be made and for the withholding of benefit in certain cases (regulations 77 to 82).

Part XI provides for the recovery of excess benefit, the cases in which such excess benefit is to be recoverable and the methods of recovery (regulations 83 to 91).

Part XII provides for the exchange of information between the Secretary of State and billing or levying authorities in connection with their respective functions with respect to social security benefits and council tax benefit.

These Regulations are made before the expiry of 6 months from the commencement of the provisions under which they are made and are accordingly exempt by section 61(5) of the Social Security Act 1986, from reference to the Social Security Advisory Committee and have not been so referred.

Footnotes

Editorial notes