The Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 2006

[^f00036]: 1973 c. 50; section 2 was amended by section 25(1) of the Employment Act 1988 (c. 19), by Part I of Schedule 7 to the Employment Act 1989 (c. 38) and by section 47(1) of the Trade Union Reform and Employment Rights Act 1993(c. 19).

[^f00037]: 1917 c. 51.

[^f00038]: 1939 c. 82.

[^f00039]: 1939 c. 83.

[^f00040]: 1947 c. 19.

[^f00041]: 1980 c. 9.

[^f00042]: 2003 c. 1.

[^f00043]: 1991 c. 56.

[^f00044]: 2002 asp 3; section 29A was inserted by the Water Services etc. (Scotland) Act 2005 (2005 asp 3).

[^f00045]: S.I. 2002/2005.

[^f00046]: 1989 c. 41.

[^f00047]: 1995 c. 36.

[^f00048]: Section 20A inserted by the Welfare Reform and Pensions Act 1999 (c. 30), section 59 and Schedule 7, paragraph 13.

[^f00049]: 2000 c. 19.

[^f00050]: 2001 c. 11.

[^f00051]: 1993 c. 44.

[^f00052]: S.I. 2002/1792.

[^f00053]: S.I. 2006/213.

[^f00054]: 2000 c. 43.

[^f00055]: 1983 c. 72.

[^f00056]: 2003 asp 13.

[^f00057]: 1995 c. 46.

[^f00058]: 1952 c. 52.

[^f00059]: 1989 c. 45.

[^f00060]: 2000 c. 43.

[^f00061]: See the Housing Benefit and Council Tax Benefit (Consequential Provisions) Regulations 2006 (S.I. 2006/217), regulation 7 and Schedule 4, paragraph 2 for regulation 10A and Schedule A1 (claims by refugees).

[^f00062]: S.I. 2000/2326, to which there are amendments not relevant to these Regulations.

[^f00063]: S.I. 2004/1219.

[^f00064]: 1971 c. 77.

[^f00065]: 1999 c. 33.

[^f00066]: S.I. 2000/636.

[^f00067]: Cmd. 9171.

[^f00068]: 1993 c. 10.

[^f00069]: 1993 c. 44.

[^f00070]: S.I. 1997/1984

[^f00071]: 1996 c. 5; functions transferred by Government of Wales Act 1998 (c. 38), section 140.

[^f00072]: 2001 asp 10.

[^f00073]: S.I. 1987/1961.

[^f00074]: 2000 c. 35.

[^f00075]: Section 145A was inserted by section 55 of the Tax Credits Act 2002 (c. 21).

[^f00076]: 1989 c. 41.

[^f00077]: 2002 c. 38.

[^f00078]: S.I. 1996/3266.

[^f00079]: 1955 c. 18.

[^f00080]: 1955 c. 19.

[^f00081]: 1957 c. 53.

[^f00082]: 1958 c. 40.

[^f00083]: 1968 c. 49.

[^f00084]: 1969 c. 46.

[^f00085]: 1969 c. 54.

[^f00086]: 1973 c. 18.

[^f00087]: 1975 c. 72.

[^f00088]: 1978 c. 22.

[^f00089]: 1978 c. 28.

[^f00090]: 1980 c. 5.

[^f00091]: 1986 c. 55.

[^f00092]: 1989 c. 41.

[^f00093]: 1995 c. 36.

[^f00094]: See the Housing Benefit and Council Tax Benefit (Consequential Provisions) Regulations 2006 (S.I. 2006/217), regulation 7 and Schedule 4, paragraph 2 for regulation 10A and Schedule A1 (claims by refugees).

[^f00095]: S.I. 1975/555; the relevant amending instruments are S.I. 1987/1683, 1992/2595 and 1999/1326.

[^f00096]: See definition inserted in regulation 2(1) by S.I. 2002/2402.

[^f00097]: See section 16(1) of the State Pension Credit Act 2002 (c. 16).

[^f00098]: S.I. 2005/489.

[^f00099]: See in particular paragraph 7(2)(b) of Schedule 8.

[^f00100]: Bereavement payment was introduced by section 54(1) of the Welfare Reform and Pensions Act 1999 (c. 30).

[^f00101]: Part 12ZA was inserted by section 2 of the Employment Act 2002 (c. 22).

[^f00102]: Part 12ZB was inserted by section 4 of the Employment Act 2002.

[^f00103]: S.I. 1983/883.

[^f00104]: 1979 c. 41; amended by section 24 of the Social Security Act 1985 (c. 53).

[^f00105]: The Scheme is set out in the Appendix to S.I. 1982/719.

[^f00106]: 1837 c. 2.

[^f00107]: 1937 c. 32.

[^f00108]: 1952 c. 37.

[^f00109]: 1972 c. 7.

[^f00110]: 1975 c. 82.

[^f00111]: S.I. 1979/597.

[^f00112]: S.I. 1975/555.

[^f00113]: Sections 30DD was inserted by the Welfare Reform and Pensions Act 1999 (c. 30) and 30E were inserted by section 3(1) of the Social Security (Incapacity for Work) Act 1994 (c. 18).

[^f00114]: 2002 c. 21.

[^f00115]: 1947 c. 19.

[^f00116]: Sections 30A to 30E were inserted by the Social Security (Incapacity for Work) Act 1994 (c. 18). Section 30A(1) was substituted by, and section 30A(2) was amended by, the Welfare Reform and Pensions Act 1999 (c. 30). Section 30B(3) was amended by the Pensions Act 1995 (c. 26) and the Tax Credits Act 2002 (c. 21). Section 30C(5) was amended by the Tax Credits Act 1999 (c. 10) and substituted by the Tax Credits Act 2002.

[^f00117]: S.I. 1987/1967. Regulation 4ZA was inserted by S.I. 1996/206. Schedule 1B was inserted by S.I. 1996/1517. The relevant amending instruments are S.I. 1997/2197, S.I. 2000/636, S.I. 2000/1981, S.I. 2001/3070 and S.I. 2002/2689.

[^f00118]: S.I. 1975/ 556.

[^f00119]: S.I. 1999/3110.

[^f00120]: 1989 c. 41; Part XA (comprising sections 79A to 79X) was inserted by section 79 of the Care Standards Act 2000 (c. 14).

[^f00121]: Schedule 9A was inserted by section 79 of and Schedule 3 to the Care Standards Act 2000.

[^f00122]: 2001 asp 8.

[^f00123]: See section 2(20).

[^f00124]: Section 171E was inserted by section 6 of the Social Security (Incapacity for Work) Act 1994 (c. 18).

[^f00125]: Paragraph 2 was amended by the Social Security (Incapacity for Work) Act 1994.

[^f00126]: 1977 c. 49.

[^f00127]: 1978 c. 29.

[^f00128]: S.I. 1972/1265(N.I.14).

[^f00129]: 1948 c. 29; section 29 was amended by the National Assistance (Amendment) Act 1959 (c. 30), section 1(2); the Mental Health (Scotland) Act 1960 (c. 61), sections 113 and 114 and Schedule 4; the Social Work (Scotland) Act 1968 (c. 49), section 95(2) and Schedule 9, Part I; the Local Government Act 1972 (c. 70), sections 195(6), 272(1), Schedule 23 paragraph 2 and Schedule 30; the Employment and Training Act 1973 (c. 50), section 14(1) and Schedule 3 paragraph 3; the National Health Service Act 1977 (c. 49), section 129 and Schedule 15 paragraph 6; the Health and Social Services and Social Security Adjudications Act 1983 (c. 41), section 30 and Schedule 10 Part I; the Children Act 1989 (c. 41) section 108(5) and Schedule 13 paragraph 11(2) and the National Health Service and Community Care Act 1990 (c. 19), section 44(7).

[^f00130]: 1994 c. 39. Section 2 was amended by the Environment Act 1995 (c. 25), Schedule 22, paragraph 232(1).

[^f00131]: Sections 171ZA and 171ZB were inserted into the Social Security Contributions and Benefits Act 1992 by section 2 of the Employment Act 2002 (c. 22).

[^f00132]: Section 171ZL was inserted by section 4 of the Employment Act 2002.

[^f00133]: 2002 c. 21.

[^f00134]: 2000 c. 19.

[^f00135]: The Scheme is set out in the Appendix to S.I. 1982/719.

[^f00136]: S.I. 1983/883; as amended by S.I. 1983/1116, 1983/1521, 1986/592, 1990/1308, 1991/766, 1992/710, 1995/766, 1997/286, and 2001/409.

[^f00137]: 28&29 Vict. c. 73.

[^f00138]: 1977 c. 5.

[^f00139]: S.I. 2001/1004.

[^f00140]: Part 12ZA was inserted by section 2 of the Employment Act 2002 (c. 22).

[^f00141]: Part 12ZB was inserted by section 4 of the Employment Act 2002.

[^f00142]: The Scheme is set out in regulation 4 of, and the Schedule to, the European Communities (Iron and Steel Employees Re-adaptation Benefits Scheme) (No. 2) Regulations 1996 (S.I. 1996/3182).

[^f00143]: Industrial tribunals were renamed employment tribunals under section 1 of the Employment Rights (Dispute Resolution) Act 1998 (c. 8) and, under the same section, the Industrial Tribunals Act 1996 may be cited as the Employment Tribunals Act 1996.

[^f00144]: 1996 c. 17

[^f00145]: 1988 c. 1; section 257 was substituted by the Finance Act 1988 (c. 39), section 33.

[^f00146]: 1990 c. 35.

[^f00147]: 1989 c. 41.

[^f00148]: 1995 c. 36.

[^f00149]: S.I. 1996/3263.

[^f00150]: 1948 c. 29; section 26(3A) was inserted by section 42(4) of the National Health Service and community Care Act 1990 (c. 19).

[^f00151]: 1977 c. 49; section 16A was inserted by section 2 of the Health Act 1999 (c. 8).

[^f00152]: 1988 c. 1; sections 257 and 257A were substituted by the Finance Act 1988 (c. 39), section 33.

[^f00153]: Section 55A was inserted by the Welfare Reform and Pensions Act 1999 (c. 30), Schedule 6, paragraph 3.

[^f00154]: 1965 c. 51.

[^f00155]: Section 36(4) is to be replaced by a new section 36(4) and (4A) by S.I. 2005/454 as from 6th April 2005.

[^f00156]: 1993 c. 48; see section 181(1) of that Act.

[^f00157]: 1980 c. 46.

[^f00158]: S.I. 2002/1792; paragraph (1) was substituted by S.I. 2002/3197, regulation 2, Schedule, paragraph 6.

[^f00159]: Relevant amending instruments are S.I. 1998/2117, 1999/2640, 2000/1978, 2001/3767 and 2002/841.

[^f00160]: 1990 c. 35.

[^f00161]: 1983 c. 20.

[^f00162]: 2003 asp 13.

[^f00163]: 1995 c. 46.

[^f00164]: 2000 asp 4.

[^f00165]: 1971 c. 27.

[^f00166]: 1985 c. 29.

[^f00167]: See the Housing Benefit and Council Tax Benefit (Consequential Provisions) Regulations 2006 (S.I. 2006/217), regulation 7 and Schedule 4, paragraph 2 for regulation 10A and Schedule A1 (claims by refugees).

[^f00168]: S.I. 1999/3108.

[^f00169]: See the Housing Benefit and Council Tax Benefit (Consequential Provisions) Regulations 2006 (S.I. 2006/217), regulation 7 and Schedule 4, paragraph 2 for regulation 10A and Schedule A1 (claims by refugees).

[^f00170]: See the Housing Benefit and Council Tax Benefit (Consequential Provisions) Regulations 2006 (S.I. 2006/217), regulation 7 and Schedule 4, paragraph 2 for regulation 10A and Schedule A1 (claims by refugees).

[^f00171]: Subsection (3) was substituted by the Child Support, Pensions and Social Security Act 2000 (c. 19), section 71.

[^f00172]: Section 111A was inserted by section 13 of the Social Security Administration (Fraud) Act 1997 (c. 47) and section 112(1) was amended by paragraph 4(2) of Schedule 1 to the same Act and by paragraphs 1 and 6 of the Schedule 6 to the Child Support, Pensions and Social Security Act 2000 (c. 19).

[^f00173]: Section 115A was inserted by the Social Security Administration (Fraud) Act (c. 47), section 15; sub-sections (7A) and (7B) were inserted by the Social Security Fraud Act 2001 (c. 11), section 14.

[^f00174]: 1984 c. 60.

[^f00175]: O.J. No. L149, 5.7.1971; Regulations No. 1408/71 and No. 574/72 were restated in amended form in Regulation No. 2001/83 (O.J. No. L230, 22.8.1983), and further amended by Council Regulation (EEC) No. 1661/85 (O.J. No. L160, 20.6.1985) and Commission Regulation (EEC) No. 513/86 (O.J. No. L51, 28.2.1986).

[^f00176]: Inserted by Social Security Administration (Fraud) Act 1997 (c. 47), section 16.

[^f00177]: Section 115A was inserted by section 15 of the Social Security Administration (Fraud) Act 1997 (c. 47); sub-sections (7A) and (7B) were inserted by the Social Security Fraud Act 2001 (c. 11), section 14.

[^f00178]: Inserted by the Social Security Administration (Fraud) Act 1997 (c. 47), section 11.

[^f00179]: 1996 c. 52; amended by the Local Government Act 2003 (c. 26), section 127 and paragraph 6 of Schedule 7.

[^f00180]: Section 128A was inserted by section 28(2) of the Jobseekers Act 1995 (c. 18).

[^f00181]: S.I. 1987/1967; the relevant amending Instrument is S.I. 2001/488.

[^f00182]: Section 122E was inserted by section 3 of the Social Security Administration (Fraud) Act 1997 (c. 47).

[^f00183]: Section 126A was inserted by section 11 of the Social Security Administration (Fraud) Act 1997 (c. 47).

[^f00184]: 1993 c. 10.

[^f00185]: 1990 c. 40.

[^f00186]: 1985 c. 6.

[^f00187]: Section 113 was substituted by the Social Security Act 1998 (c. 14).

[^f00188]: 1990 c. 42.

[^f00189]: 1984 c. 58.

[^f00190]: 1977 c. 42.

[^f00191]: 1976 c. 80.

[^f00192]: 1954 c. 56.

[^f00193]: 1989 c. 42.

[^f00194]: 2000 c. 43.

[^f00195]: 1988 c. 50.

[^f00196]: 1985 c. 68; section 32 was amended by section 140 of and Schedule 17 to the Housing Act 1988 (c. 50); section 227 of and Schedule 19 to the Housing Act 1996 (c. 52) and S.I. 1997/74.

[^f00197]: 1987 c. 26.

[^f00198]: 1985 c. 68; section 43 was amended by section 132 and 140 of and Schedule 17 to the Housing Act 1988 (c. 50); section 194 of and Schedule 12 to the Local Government and Housing Act 1989 (c. 42), section 78 of and Schedule 10 to the Environment Act 1995 (c. 25) and section 227 of and Schedule 9 to the Housing Act 1996.

[^f00199]: 1996 c. 52.

[^f00200]: S.I. 1990/1700; amended by S.I. 1990/2366 and 1991/1281.

[^f00201]: 1968 c. 16. Relevant amendments are contained in the Enterprise and New Towns (Scotland) Act 1990 (c. 35) section 33.

[^f00202]: 1988 c. 43; section 25 was amended by S.I. 1993/658.

[^f00203]: 1988 c. 50; section 14 was amended by section 104 of and Schedule 8 to the Housing Act 1996 (c. 52) and S.I. 1993/651.

[^f00204]: S.I. 1979/597; amending instruments are S.I. 1991/547, /1617, 1992/589, 1993/965, 1996/1803, 2000/799, 2003/136 and 2004/565.

[^f00205]: 1973 c. 50.

[^f00206]: 1990 c. 35.

[^f00207]: Section 70 was amended by S.I. 1994/2556 and 2000/1457.

[^f00208]: 1948 c. 29; section 29 was amended by the National Assistance (Amendment) Act 1959 (c. 30), section 1(2); the Mental Health (Scotland) Act 1960 (c. 61), sections 113(1) and 114 of and Schedule 4; the Social Work (Scotland) Act 1968 (c. 49), section 95(2) and Schedule 9 Part 1; the Local Government Act 1972 (c. 70), sections 195(6), 272(1), Schedule 23 paragraph 2 and Schedule 30; the Employment and Training Act 1973 (c. 50), section 14(1) and Schedule 3 paragraph 3; the National Health Service Act 1977 (c. 49), section 129 and Schedule 15 paragraph 6; the Health and Social Services and Social Security Adjudications Act 1983 (c. 41), section 30 and Schedule 10 Part I; the Children Act 1989 (c. 41) section 108(5) and Schedule 13 paragraph 11(2); and the National Health Service and Community Care Act 1990 (c. 19), section 44(7).

[^f00209]: 1994 c. 39. Section 2 was amended by the Environment Act 1995 (c. 25), Schedule 22, paragraph 232(1).

[^f00210]: 2001 c. 11; section 7 was amended by the State Pension Credit Act 2002, section 14 and Schedule 2 and by the Tax Credits Act 2002, section 60 and Schedule 6.

[^f00211]: Section 145A was inserted by section 55 of the Tax Credits Act 2002 (c. 21); and amended by the Civil Partnership Act 2004 (c. 33), section 254 and Schedule 24, paragraph 48.

[^f00212]: 2004 c. 21.

[^f00213]: 2005 asp 5; paragraph 3(1)(c) applies in Scotland only– see footnote (a) above.

[^f00214]: S.I. 2001/1004.

[^f00215]: Section 30A was inserted by Social Security (Incapacity for Work) Act 1994 (c. 18) and amended by the Welfare Reform and Pensions Act 1999 (c. 30), section 64 and the Civil Partnership Act 2004 (c. 33), section 254 and Schedule 24, paragraph 14.

[^f00216]: Saved by S.I. 2000/2958, article 4.

[^f00217]: Sections 71, 72 and 73 are amended by the Welfare Reform and Pensions Act 1999 (c. 30), section 67.

[^f00218]: S.I. 1983/883; as amended by S.I. 1983/1116, /1521, 1986/592, 1990/1308, 1991/766, 1992/710, 1995/766, 1997/286, and 2001/409.

[^f00219]: S.I. 1983/686; amended by S.I. 1983/1164 and /1540 and 1986/628, 1990/1300, 1991/708, 1992/702, 1995/445, 1997/812 and 2001/420.

[^f00220]: Schedule 2 was substituted by S.I. 2005/681.

[^f00221]: 1948 c. 29; section 29 was amended by the National Assistance (Amendment) Act 1959 (c. 30), section 1(2); the Mental Health (Scotland) Act 1960 (c. 61), sections 113 and 114 and Schedule 4; the Social Work (Scotland) Act 1968 (c. 49), section 95(2) and Schedule 9, Part I; the Local Government Act 1972 (c. 70), sections 195(6), 272(1), Schedule 23 paragraph 2 and Schedule 30; the Employment and Training Act 1973 (c. 50), section 14(1) and Schedule 3 paragraph 3; the National Health Service Act 1977 (c. 49), section 129 and Schedule 15 paragraph 6; the Health and Social Services and Social Security Adjudications Act 1983 (c. 41), section 30 and Schedule 10 Part I; the Children Act 1989 (c. 41) section 108(5) and Schedule 13 paragraph 11(2) and the National Health Service and Community Care Act 1990 (c. 19), section 44(7).

[^f00222]: 1994 c. 39. Section 2 was amended by the Environment Act 1995 (c. 25), Schedule 22, paragraph 232(1).

[^f00223]: Part 12A was inserted by the Social Security (Incapacity for Work) Act 1994 (c. 18), section 5 and amended by the Welfare Reform and Pensions Act 1999 (c. 30), section 61 and by the Social Security Act 1998 (c. 14), section 86(1) and Schedule 7, paragraphs 75 and 76.

[^f00224]: Section 30B was inserted by the Social Security (Incapacity for Work) Act 1994 (c. 18), section 2. and amended by the Pensions Act 1995 (c. 26), section 126 and Schedule 4, paragraph 18; the Welfare Reform and Pensions Act 1999 (c. 30), section 70 and Schedule 8, paragraph 22; the Tax Credits Act 2002 (c. 21), section 60, Schedule 6; and the Civil Partnership Act 2004 (c. 33) section 254 and Schedule 24, paragraph 13.

[^f00225]: Amended by S.I. 2003/3815.

[^f00226]: S.I. 1983/883

[^f00227]: 1865 c. 73.

[^f00228]: 47 & 48 Vict. c. 55.

[^f00229]: 1977 c. 5.

[^f00230]: S.I. 1983/883; article 26A was added by S.I. 1983/1116 and amended by S.I. 1983/1116, 1983/1521, 1986/592, 1990/1308, 1991/766, 1992/710, 1995/766, 1997/286, and 2001/409.

[^f00231]: S.I. 1983/686; by amended by S.I. 1983/1164 and 1540 and 1986/628, 1990/1300, 1991/708, 1992/702, 1995/445, 1997/812 and 2001/420.

[^f00232]: S.I. 1983/883;the relevant amending Instruments are S.I. 1993/598, 1994/1906, 2002/792 and 2005/1471.

[^f00233]: S.I. 1983/686; the relevant amending Instruments are S.I. 1994/715 and 1994/2021.

[^f00234]: Section 39A was inserted by section 55 of the Welfare Reform and Pensions Act 1999 (c. 30) and amended by section 47 of and Schedule 3 to the Tax Credits Act 2002 (c. 21) and sections 254(1) and 261(4) of and Schedules 24 and 30 to the Civil Partnership Act 2004 (c. 33).

[^f00235]: Section 37 was amended by section 47 of and Schedule 3 to the Tax Credits Act 2002 (c. 21), section 254(1) of and Schedule 24 to the Civil Partnership Act 2004 (c. 33) and section 1(3) of and Schedule 1 to the Child Benefit Act 2005 (c. 6).

[^f00236]: 1988 c. 1; subsection (1A) was inserted by the Finance Act 1994 (c. 9).

[^f00237]: S.I. 2002/1792; the relevant amending instruments are S.I. 2002/3019, and 2002/3197 and S.I. 2003/1195 and 2003/2274, 2004/2327 and 2000/2825 and 2005/522.

[^f00238]: S.I. 1983/883.

[^f00239]: 1962 c. 12, section 1 was amended by the Education Act 1996 (c. 56), Schedule 37, paragraph 4.

[^f00240]: 1998 c. 30.

[^f00241]: 1980 c. 44.

[^f00242]: 1980 c. 44.

[^f00243]: 1865 c. 73.

[^f00244]: 1917 c. 51, Queen’s Regulations for the Royal Air Force are available from HMSO.

[^f00245]: 1980 c. 9.

[^f00246]: S.I. 1998/3132.

[^f00247]: First Schedule to the Sheriff Courts (Scotland) Act 1907 (c. 51) as substituted in respect of causes commenced on or after 1 January 1994 by S.I. 1993/1956; the relevant amending Instrument is S.I. 1996/2167.

[^f00248]: Paragraph 7(2) was inserted by S.I. 2002/2380.

[^f00249]: Paragraph 12(2) was inserted by S.I. 2002/2380.

[^f00250]: S.I. 2002/1792. Paragraph 20A was inserted by S.I. 2002/3197, and substituted by S.I. 2003/2274.

[^f00251]: S.I. 2001/1002. Regulation 1(2) was amended by S.I. 2002/1379 and 2002/1703.

[^f00252]: S.I. 1999/991. Regulation 1(3) was amended by S.I. 2002/1379.

[^f00253]: 1993 c. 10.

[^f00254]: Regulation 4(1)(a) was amended by S.I. 2002/1379.

[^f00255]: Article 7A was inserted by S.I. 2000/1 and amended by S.I. 2003/2398.

[^f00256]: Schedule 3A was inserted by S.I. 2003/2395.

[^f00257]: Article 4B was inserted by S.I. 2003/2395.

[^f00258]: S.I. 1997/1984 and 1995. Relevant amending Instruments to S.I. 1997/1984 are S.I. 2000/1 and 2003/2398; relevant amending Instruments to S.I. 1997/1995 are S.I. 2000/3 and 2003/2398.

[^f00259]: 1996 c. 52.

[^f00260]: 2001 asp 10.

SECTION 1

Calculation of income and capital of members of claimant's family and of a polygamous marriage

Circumstances in which income of non-dependant is to be treated as claimant's

SECTION 2

Calculation of income and capital

Claimant in receipt of guarantee credit

Calculation of claimant's income and capital in savings credit only cases

Calculation of income and capital where state pension credit is not payable

Meaning of “income”

Calculation of income on a weekly basis

Treatment of child care charges

Calculation of average weekly income from tax credits

Calculation of weekly income

Disregard of changes in tax, contributions etc

SECTION 3

Earnings of employed earners

Calculation of net earnings of employed earners

SECTION 4

Calculation of earnings of self-employed earners

Earnings of self-employed earners

Calculation of net profit of self-employed earners

Deduction of tax and contributions of self-employed earners

SECTION 5

Notional income

Income paid to third parties

SECTION 6

Capital limit

Calculation of capital

Calculation of capital in the United Kingdom

Calculation of capital outside the United Kingdom

Notional capital

Diminishing notional capital rule

Capital jointly held

SECTION 1

Interpretation

Collection of information

Recording and holding information

Forwarding of information

Request for information

SECTION 2

Interpretation

Evidence and information required by rent officers

Information to be supplied by an authority to another authority

Supply of information: extended payments (severe disablement allowance and incapacity benefit)

Requiring information from landlords and agents

Circumstances for requiring information

Relevant information

Manner of supply of information

Criminal offence

1

The amount specified in column (2) below in respect of each person or couple specified in column (1) shall be the amount specified for the purposes of regulation 22—

2

• (1) The amounts specified in column (2) below in respect of each person specified in column (1) shall, for the relevant period specified in column (1), be the amounts specified for the purposes of regulation 22—

Column (1)	Column (2)
Child or young person	Amount
Person in respect of the period—
abeginning on that person's date of birth and ending on the day preceding the first Monday in September following that person's sixteenth birthday;	a£84.66;
bbeginning on the first Monday in September following that persons 16th birthday and ending on the day preceding that person's twentieth birthday.	b£84.66.

• (2) In column (1) of the Table above, “the first Monday in September” means the Monday which first occurs in the month of September in any year.

3

• (1) The amount for the purposes of regulations 22(1)(c) and (d) in respect of a family of which at least one member is a child or young person shall be £19.48.

• (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

4

The premiums specified in Part 4 shall, for the purposes of regulation 22(1)(e), be applicable to a claimant who satisfies the condition specified in this Part in respect of that premium.

Editorial notes

[^c1540955]: 1992 c. 4; section 136A was inserted by the State Pension Credit Act 2002 (c. 16), Schedule 2, paragraph 3; section 137(1) is an interpretation provision and is cited for the meaning of the words “family” and “prescribed”; sections 175(1) and (4) were amended by paragraph 29 of Schedule 3 to the Social Security Contributions (Transfer of Functions, etc.) Act 1999 (c. 2); and section 175(5) was amended by paragraph 36 of Schedule 1 to the Social Security (Incapacity for Work) Act 1994 (c. 18).

[^c1540956]: 1992 c. 5; section 7A was inserted by the Welfare Reform and Pensions Act 1999 (c. 30); section 122E was inserted by the Social Security Administration (Fraud) Act 1997 (c. 47), section 3; section 126A was inserted by section 11 of the Social Security Administration (Fraud) Act 1997 (c. 47); section 128A was inserted by section 28(2) of the Jobseekers Act 1995 (c. 18); section 189(1) was amended by paragraph 57 of Schedule 3 to the Social Security Contributions (Transfer of Functions, etc.) 1999, Schedule 8 and paragraph 109 of Schedule 7 to the Social Security Act 1998 (c. 14) and Schedule 6 to the Tax Credits Act 2002 (c. 21); section 134 was amended by the Housing Act 1996 (c. 52), Schedule 12, paragraph 1; section 189(4) and (5) was amended by Schedule 8 and paragraph 109 of Schedule 7 to the Social Security Act 1998; section 191 is cited for the meaning of the word “prescribe”.

[^c1540957]: 1996 c. 52.

[^c1540958]: 1998 c. 14; section 79(1) was amended by paragraphs 12 and 13 of Schedule 4 to the Tax Credits Act 2002; section 84 is cited for the meaning of the word “prescribe”.

[^c1540959]: See section 172 of, and paragraph 10 of Part I of Schedule 7 to, the Social Security Administration Act 1992.

[^c1540960]: 1973 c. 50; amended by the Employment Act 1988 (c. 19), the Employment Act 1989 (c. 38) and the Trade Union Reform and Employment Rights Act 1993 (c. 19).

[^c1540961]: 1996 c. 18; sections 75A and 75B were inserted by section 3 of the Employment Act 2002 (c. 22).

[^c1540963]: S.I. 1983/686; the relevant amending Instruments are S.I. 1983/1164, 1984/1675 and 2001/420.

[^c1540964]: 2000 c. 14.

[^c1540966]: S.I. 1995/755 (N.1. 2).

[^c1540968]: S.I. 2006/217.

[^c1540969]: S.I. 2001/1002.

[^c1540971]: S.I. 2005/439.

[^c1540973]: S.I. 1987/1967.

[^c1540974]: 1995 c. 18.

[^c1540975]: S.I. 1996/207.

[^c1540977]: 1996 c. 18.

[^c1540978]: 1857 c. 26.

[^c1540979]: 1979 c. 33.

[^c1540987]: 1993 c. 39; section 23(2) was amended by art.2 of the National Lottery etc. Act 1993 (Amendment of section 23) Order 1996 (S.I. 1996/3095).

[^c1540988]: 2002 c. 16.

[^c1540989]: 2002 c. 21.

[^c1540990]: 1973 c. 50; section 2 was amended by section 25(1) of the Employment Act 1988 (c. 19), by Part I of Schedule 7 to the Employment Act 1989 (c. 38) and by section 47(1) of the Trade Union Reform and Employment Rights Act 1993(c. 19).

[^c1540997]: 1991 c. 56.

[^c1540998]: 2002 asp 3; section 29A was inserted by the Water Services etc. (Scotland) Act 2005 (2005 asp 3).

[^c1540999]: S.I. 2002/2005.

[^c1541002]: Section 20A inserted by the Welfare Reform and Pensions Act 1999 (c. 30), section 59 and Schedule 7, paragraph 13.

[^c1541004]: 2001 c. 11.

[^c1541005]: 1993 c. 44.

[^c1541006]: S.I. 2002/1792.

[^c1541007]: S.I. 2006/213.

[^c1541009]: 1983 c. 72.

[^c1541010]: 2003 asp 13.

[^c1541011]: 1995 c. 46.

[^c1541012]: 1952 c. 52.

[^c1541013]: 1989 c. 45.

[^c1541015]: See the Housing Benefit and Council Tax Benefit (Consequential Provisions) Regulations 2006 (S.I. 2006/217), regulation 7 and Schedule 4, paragraph 2 for regulation 10A and Schedule A1 (claims by refugees).

[^c1541021]: Cmd. 9171.

[^c1541022]: 1993 c. 10.

[^c1541023]: 1993 c. 44.

[^c1541028]: 2000 c. 35.

[^c1541029]: Section 145A was inserted by section 55 of the Tax Credits Act 2002 (c. 21).

[^c1541030]: 1989 c. 41.

[^c1541031]: 2002 c. 38.

[^c1541032]: S.I. 1996/3266.

[^c1541033]: 1955 c. 18.

[^c1541034]: 1955 c. 19.

[^c1541035]: 1957 c. 53.

[^c1541036]: 1958 c. 40.

[^c1541037]: 1968 c. 49.

[^c1541038]: 1969 c. 46.

[^c1541039]: 1969 c. 54.

[^c1541040]: 1973 c. 18.

[^c1541041]: 1975 c. 72.

[^c1541042]: 1978 c. 22.

[^c1541043]: 1978 c. 28.

[^c1541044]: 1980 c. 5.

[^c1541045]: 1986 c. 55.

[^c1541046]: 1989 c. 41.

[^c1541047]: 1995 c. 36.

[^c1541048]: See the Housing Benefit and Council Tax Benefit (Consequential Provisions) Regulations 2006 (S.I. 2006/217), regulation 7 and Schedule 4, paragraph 2 for regulation 10A and Schedule A1 (claims by refugees).

[^c1541050]: See definition inserted in regulation 2(1) by S.I. 2002/2402.

[^c1541051]: See section 16(1) of the State Pension Credit Act 2002 (c. 16).

[^c1541052]: S.I. 2005/489.

[^c1541053]: See in particular paragraph 7(2)(b) of Schedule 8.

[^c1541056]: Part 12ZB was inserted by section 4 of the Employment Act 2002.

[^c1541058]: 1979 c. 41; amended by section 24 of the Social Security Act 1985 (c. 53).

[^c1541059]: The Scheme is set out in the Appendix to S.I. 1982/719.

[^c1541060]: 1837 c. 2.

[^c1541061]: 1937 c. 32.

[^c1541062]: 1952 c. 37.

[^c1541063]: 1972 c. 7.

[^c1541064]: 1975 c. 82.

[^c1541065]: S.I. 1979/597.

[^c1541066]: S.I. 1975/555.

[^c1541067]: Sections 30DD was inserted by the Welfare Reform and Pensions Act 1999 (c. 30) and 30E were inserted by section 3(1) of the Social Security (Incapacity for Work) Act 1994 (c. 18).

[^c1541068]: 2002 c. 21.

[^c1541070]: Sections 30A to 30E were inserted by the Social Security (Incapacity for Work) Act 1994 (c. 18). Section 30A(1) was substituted by, and section 30A(2) was amended by, the Welfare Reform and Pensions Act 1999 (c. 30). Section 30B(3) was amended by the Pensions Act 1995 (c. 26) and the Tax Credits Act 2002 (c. 21). Section 30C(5) was amended by the Tax Credits Act 1999 (c. 10) and substituted by the Tax Credits Act 2002.

[^c1541071]: S.I. 1987/1967. Regulation 4ZA was inserted by S.I. 1996/206. Schedule 1B was inserted by S.I. 1996/1517. The relevant amending instruments are S.I. 1997/2197, S.I. 2000/636, S.I. 2000/1981, S.I. 2001/3070 and S.I. 2002/2689.

[^c1541072]: S.I. 1975/ 556.

[^c1541073]: S.I. 1999/3110.

[^c1541074]: 1989 c. 41; Part XA (comprising sections 79A to 79X) was inserted by section 79 of the Care Standards Act 2000 (c. 14).

[^c1541075]: Schedule 9A was inserted by section 79 of and Schedule 3 to the Care Standards Act 2000.

[^c1541078]: Section 171E was inserted by section 6 of the Social Security (Incapacity for Work) Act 1994 (c. 18).

[^c1541079]: Paragraph 2 was amended by the Social Security (Incapacity for Work) Act 1994.

[^c1541080]: 1977 c. 49.

[^c1541081]: 1978 c. 29.

[^c1541082]: S.I. 1972/1265(N.I.14).

[^c1541085]: Sections 171ZA and 171ZB were inserted into the Social Security Contributions and Benefits Act 1992 by section 2 of the Employment Act 2002 (c. 22).

[^c1541086]: Section 171ZL was inserted by section 4 of the Employment Act 2002.

[^c1541087]: 2002 c. 21.

[^c1541088]: 2000 c. 19.

[^c1541089]: The Scheme is set out in the Appendix to S.I. 1982/719.

[^c1541093]: S.I. 2001/1004.

[^c1541095]: Part 12ZB was inserted by section 4 of the Employment Act 2002.

[^c1541096]: The Scheme is set out in regulation 4 of, and the Schedule to, the European Communities (Iron and Steel Employees Re-adaptation Benefits Scheme) (No. 2) Regulations 1996 (S.I. 1996/3182).

[^c1541097]: Industrial tribunals were renamed employment tribunals under section 1 of the Employment Rights (Dispute Resolution) Act 1998 (c. 8) and, under the same section, the Industrial Tribunals Act 1996 may be cited as the Employment Tribunals Act 1996.

[^c1541098]: 1996 c. 17

[^c1541104]: 1948 c. 29; section 26(3A) was inserted by section 42(4) of the National Health Service and community Care Act 1990 (c. 19).

[^c1541107]: Section 55A was inserted by the Welfare Reform and Pensions Act 1999 (c. 30), Schedule 6, paragraph 3.

[^c1541109]: Section 36(4) is to be replaced by a new section 36(4) and (4A) by S.I. 2005/454 as from 6th April 2005.

[^c1541110]: 1993 c. 48; see section 181(1) of that Act.

[^c1541111]: 1980 c. 46.

[^c1541112]: S.I. 2002/1792; paragraph (1) was substituted by S.I. 2002/3197, regulation 2, Schedule, paragraph 6.

[^c1541113]: Relevant amending instruments are S.I. 1998/2117, 1999/2640, 2000/1978, 2001/3767 and 2002/841.

[^c1541118]: 2000 asp 4.

[^c1541121]: See the Housing Benefit and Council Tax Benefit (Consequential Provisions) Regulations 2006 (S.I. 2006/217), regulation 7 and Schedule 4, paragraph 2 for regulation 10A and Schedule A1 (claims by refugees).

[^c1541123]: See the Housing Benefit and Council Tax Benefit (Consequential Provisions) Regulations 2006 (S.I. 2006/217), regulation 7 and Schedule 4, paragraph 2 for regulation 10A and Schedule A1 (claims by refugees).

[^c1541124]: See the Housing Benefit and Council Tax Benefit (Consequential Provisions) Regulations 2006 (S.I. 2006/217), regulation 7 and Schedule 4, paragraph 2 for regulation 10A and Schedule A1 (claims by refugees).

[^c1541125]: Subsection (3) was substituted by the Child Support, Pensions and Social Security Act 2000 (c. 19), section 71.

[^c1541126]: Section 111A was inserted by section 13 of the Social Security Administration (Fraud) Act 1997 (c. 47) and section 112(1) was amended by paragraph 4(2) of Schedule 1 to the same Act and by paragraphs 1 and 6 of the Schedule 6 to the Child Support, Pensions and Social Security Act 2000 (c. 19).

[^c1541127]: Section 115A was inserted by the Social Security Administration (Fraud) Act (c. 47), section 15; sub-sections (7A) and (7B) were inserted by the Social Security Fraud Act 2001 (c. 11), section 14.

[^c1541128]: 1984 c. 60.

[^c1541129]: O.J. No. L149, 5.7.1971; Regulations No. 1408/71 and No. 574/72 were restated in amended form in Regulation No. 2001/83 (O.J. No. L230, 22.8.1983), and further amended by Council Regulation (EEC) No. 1661/85 (O.J. No. L160, 20.6.1985) and Commission Regulation (EEC) No. 513/86 (O.J. No. L51, 28.2.1986).

[^c1541130]: Inserted by Social Security Administration (Fraud) Act 1997 (c. 47), section 16.

[^c1541131]: Section 115A was inserted by section 15 of the Social Security Administration (Fraud) Act 1997 (c. 47); sub-sections (7A) and (7B) were inserted by the Social Security Fraud Act 2001 (c. 11), section 14.

[^c1541132]: Inserted by the Social Security Administration (Fraud) Act 1997 (c. 47), section 11.

[^c1541137]: Section 126A was inserted by section 11 of the Social Security Administration (Fraud) Act 1997 (c. 47).

[^c1541138]: 1993 c. 10.

[^c1541139]: 1990 c. 40.

[^c1541140]: 1985 c. 6.

[^c1541158]: S.I. 1979/597; amending instruments are S.I. 1991/547, /1617, 1992/589, 1993/965, 1996/1803, 2000/799, 2003/136 and 2004/565.

[^c1541159]: 1973 c. 50.

[^c1541160]: 1990 c. 35.

[^c1541164]: 2001 c. 11; section 7 was amended by the State Pension Credit Act 2002, section 14 and Schedule 2 and by the Tax Credits Act 2002, section 60 and Schedule 6.

[^c1541168]: S.I. 2001/1004.

[^c1541169]: Section 30A was inserted by Social Security (Incapacity for Work) Act 1994 (c. 18) and amended by the Welfare Reform and Pensions Act 1999 (c. 30), section 64 and the Civil Partnership Act 2004 (c. 33), section 254 and Schedule 24, paragraph 14.

[^c1541170]: Saved by S.I. 2000/2958, article 4.

[^c1541171]: Sections 71, 72 and 73 are amended by the Welfare Reform and Pensions Act 1999 (c. 30), section 67.

[^c1541173]: S.I. 1983/686; amended by S.I. 1983/1164 and /1540 and 1986/628, 1990/1300, 1991/708, 1992/702, 1995/445, 1997/812 and 2001/420.

[^c1541174]: Schedule 2 was substituted by S.I. 2005/681.

[^c1541177]: Part 12A was inserted by the Social Security (Incapacity for Work) Act 1994 (c. 18), section 5 and amended by the Welfare Reform and Pensions Act 1999 (c. 30), section 61 and by the Social Security Act 1998 (c. 14), section 86(1) and Schedule 7, paragraphs 75 and 76.

[^c1541178]: Section 30B was inserted by the Social Security (Incapacity for Work) Act 1994 (c. 18), section 2. and amended by the Pensions Act 1995 (c. 26), section 126 and Schedule 4, paragraph 18; the Welfare Reform and Pensions Act 1999 (c. 30), section 70 and Schedule 8, paragraph 22; the Tax Credits Act 2002 (c. 21), section 60, Schedule 6; and the Civil Partnership Act 2004 (c. 33) section 254 and Schedule 24, paragraph 13.

[^c1541179]: Amended by S.I. 2003/3815.

[^c1541185]: S.I. 1983/686; by amended by S.I. 1983/1164 and 1540 and 1986/628, 1990/1300, 1991/708, 1992/702, 1995/445, 1997/812 and 2001/420.

[^c1541187]: S.I. 1983/686; the relevant amending Instruments are S.I. 1994/715 and 1994/2021.

[^c1541188]: Section 39A was inserted by section 55 of the Welfare Reform and Pensions Act 1999 (c. 30) and amended by section 47 of and Schedule 3 to the Tax Credits Act 2002 (c. 21) and sections 254(1) and 261(4) of and Schedules 24 and 30 to the Civil Partnership Act 2004 (c. 33).

[^c1541189]: Section 37 was amended by section 47 of and Schedule 3 to the Tax Credits Act 2002 (c. 21), section 254(1) of and Schedule 24 to the Civil Partnership Act 2004 (c. 33) and section 1(3) of and Schedule 1 to the Child Benefit Act 2005 (c. 6).

[^c1541190]: 1988 c. 1; subsection (1A) was inserted by the Finance Act 1994 (c. 9).

[^c1541191]: S.I. 2002/1792; the relevant amending instruments are S.I. 2002/3019, and 2002/3197 and S.I. 2003/1195 and 2003/2274, 2004/2327 and 2000/2825 and 2005/522.

[^c1541193]: 1962 c. 12, section 1 was amended by the Education Act 1996 (c. 56), Schedule 37, paragraph 4.

[^c1541194]: 1998 c. 30.

[^c1541195]: 1980 c. 44.

[^c1541196]: 1980 c. 44.

[^c1541201]: First Schedule to the Sheriff Courts (Scotland) Act 1907 (c. 51) as substituted in respect of causes commenced on or after 1 January 1994 by S.I. 1993/1956; the relevant amending Instrument is S.I. 1996/2167.

[^c1541202]: Paragraph 7(2) was inserted by S.I. 2002/2380.

[^c1541203]: Paragraph 12(2) was inserted by S.I. 2002/2380.

[^c1541204]: S.I. 2002/1792. Paragraph 20A was inserted by S.I. 2002/3197, and substituted by S.I. 2003/2274.

[^c1541205]: S.I. 2001/1002. Regulation 1(2) was amended by S.I. 2002/1379 and 2002/1703.

[^c1541206]: S.I. 1999/991. Regulation 1(3) was amended by S.I. 2002/1379.

[^c1541207]: 1993 c. 10.

[^c1541208]: Regulation 4(1)(a) was amended by S.I. 2002/1379.

[^key-9d73f90e439423c5af8fbf3b9da270ae]: Reg. 63(2)-(6) applied by SI 1999/1495 reg. 33(3) (as amended) (6.3.2006) by The Housing Benefit and Council Tax Benefit (Consequential Provisions) Regulations 2006 (S.I. 2006/217), reg. 1(1), Sch. 2 para. 15 (with regs. 2, 3, Sch. 3, Sch. 4)

[^key-5ac15c0b98a18a8aba3b48bdd52e5c61]: Reg. 12(1)(a) applied by SI 2005/1379 reg. 14 (as amended) (6.3.2006) by The Housing Benefit and Council Tax Benefit (Consequential Provisions) Regulations 2006 (S.I. 2006/217), reg. 1(1), Sch. 2 para. 26 (with regs. 2, 3, Sch. 3, Sch. 4)

[^key-c6114521364fd6fba654369d4a26a5cf]: Reg. 22(6)(7) omitted by SI 2005/2502 reg. 2(3)(c) (as amended) (3.4.2006) by virtue of The Housing Benefit and Council Tax Benefit (Consequential Provisions) Regulations 2006 (S.I. 2006/217), reg. 1(1), Sch. 2 para. 27(4) (with regs. 2, 3, Sch. 3, Sch. 4)

[^key-d377f0097c2dc6c285d60733d9de70d3]: Reg. 22(4) omitted by SI 2005/2502 reg. 2(3)(a) (as amended) (3.4.2006) by virtue of The Housing Benefit and Council Tax Benefit (Consequential Provisions) Regulations 2006 (S.I. 2006/217), reg. 1(1), Sch. 2 para. 27(4) (with regs. 2, 3, Sch. 3, Sch. 4)