The Council Tax Benefit Regulations 2006

• (3) Where a claimant is in receipt of an extended payment under this regulation and the claimant’s partner makes a claim for council tax benefit, no amount of council tax benefit shall be payable by the appropriate authority during the extended payment period.

Extended payments – movers

60C

• (1) This regulation applies—

• (a) to a mover; and

• (b) from the Monday following the day of the move.

• (2) The amount of the extended payment payable from the Monday from which this regulation applies until the end of the extended payment period shall be the amount of council tax benefit which was payable to the mover for the last benefit week before the mover, or the mover’s partner, ceased to be entitled to a qualifying income-related benefit.

• (3) Where a mover’s liability to pay council tax in respect of the new dwelling is to the second authority, the extended payment may take the form of a payment from the appropriate authority to—

• (a) the second authority; or

• (b) the mover directly.

• (4) Where—

• (a) a mover, or the mover’s partner, makes a claim for council tax benefit to the second authority after the mover, or the mover’s partner, ceased to be entitled to a qualifying income-related benefit; and

• (b) the mover, or the mover’s partner, is in receipt of an extended payment from the appropriate authority,

the second authority shall reduce the weekly amount of council tax benefit that the mover, or the mover’s partner, is entitled to by a sum equal to the amount of the extended payment until the end of the extended payment period.

Relationship between extended payment and entitlement to council tax benefit under the general conditions of entitlement

60D

• (1) Where a claimant’s council tax benefit award would have ended when the claimant ceased to be entitled to a qualifying income-related benefit in the circumstances listed in regulation 60(1)(b), that award will not cease until the end of the extended payment period.

• (2) Part 7 (changes of circumstances and increases for exceptional circumstances) shall not apply to any extended payment payable in accordance with regulation 60B(1)(a) or 60C(2) (amount of extended payment – movers).

Extended Payments (qualifying contributory benefits)

Duration of extended payment period (qualifying contributory benefits)

61A

• (1) Where a claimant is entitled to an extended payment (qualifying contributory benefits), the extended payment period starts on the first day of the benefit week immediately following the benefit week in which the claimant, or the claimant’s partner, ceased to be entitled to a qualifying contributory benefit.

• (2) For the purpose of paragraph (1), a claimant or a claimant’s partner ceases to be entitled to a qualifying contributory benefit on the day immediately following the last day of entitlement to that benefit.

• (3) The extended payment period ends—

• (a) at the end of a period of four weeks; or

• (b) on the date on which the claimant to whom the extended payment (qualifying contributory benefits) is payable has no liability for council tax, if that occurs first.

Amount of extended payment (qualifying contributory benefits)

61B

• (1) For any week during the extended payment period the amount of the extended payment (qualifying contributory benefits) payable to a claimant shall be the higher of—

• (a) the amount of council tax benefit to which the claimant was entitled under the general conditions of entitlement in the last benefit week before the claimant or the claimant’s partner ceased to be entitled to a qualifying contributory benefit;

• (b) the amount of council tax benefit to which the claimant would be entitled under the general conditions of entitlement for any benefit week during the extended payment period, if regulation 61 (extended payments (qualifying contributory benefits)) did not apply to the claimant; or

• (c) the amount of council tax benefit to which the claimant’s partner would be entitled under the general conditions of entitlement, if regulation 61 did not apply to the claimant.

• (2) Paragraph (1) does not apply in the case of a mover.

• (3) Where a claimant is in receipt of an extended payment (qualifying contributory benefits) under this regulation and the claimant’s partner makes a claim for council tax benefit, no amount of council tax benefit shall be payable by the appropriate authority during the extended payment period.

Extended payments (qualifying contributory benefits) – movers

61C

• (1) This regulation applies—

• (a) to a mover; and

• (b) from the Monday following the day of the move.

• (2) The amount of the extended payment (qualifying contributory benefit) payable from the Monday from which this regulation applies until the end of the extended payment period shall be the amount of council tax benefit which was payable to the mover for the last benefit week before the mover, or the mover’s partner, ceased to be entitled to a qualifying contributory benefit.

• (3) Where a mover’s liability to pay council tax in respect of the new dwelling is to the second authority, the extended payment (qualifying contributory benefits) may take the form of a payment from the appropriate authority to—

• (a) the second authority; or

• (b) the mover directly.

• (4) Where—

• (a) a mover, or the mover’s partner, makes a claim for council tax benefit to the second authority after the mover, or the mover’s partner, ceased to be entitled to a qualifying contributory benefit; and

• (b) the mover, or the mover’s partner, is in receipt of an extended payment (qualifying contributory benefits) from the appropriate authority,

the second authority shall reduce the weekly amount of council tax benefit that the mover, or the mover’s partner, is entitled to by a sum equal to the amount of the extended payment (qualifying contributory benefits) until the end of the extended payment period.

Relationship between extended payment (qualifying contributory benefits) and entitlement to council tax benefit under the general conditions of entitlement

61D

• (1) Where a claimant’s council tax benefit award would have ended when the claimant ceased to be entitled to a qualifying contributory benefit in the circumstances listed in regulation 61(1)(b), that award will not cease until the end of the extended payment period.

• (2) Part 7 (changes of circumstances and increases for exceptional circumstances) shall not apply to any extended payment (qualifying contributory benefits) payable in accordance with regulation 61B(1)(a) or 61C(2) (amount of extended payment – movers).

Alternative maximum council tax benefit

Residents of a dwelling to whom section 131(6) of the Act does not apply

PART5 — The components

21

Subject to paragraph 22 the claimant is entitled to one, but not both, of the components in paragraph 23 or 24 if—

• (a) the claimant or the claimant’s partner has made a claim for employment and support allowance;

• (b) the Secretary of State has decided that the claimant or the claimant’s partner has, or is to be treated as having, limited capability for work or limited capability for work-related activity; and

• (c) either—

• (i) the assessment phase as defined in section 24(2) of the Welfare Reform Act has ended; or

• (ii) regulation 7 of the Employment and Support Allowance Regulations (circumstances where the condition that the assessment phase has ended before entitlement to the support component or the work related activity component arises does not apply) applies.

22

• (1) The claimant has no entitlement under paragraph 23 or 24 if the claimant is entitled to the disability premium under paragraphs 12 and 13.

• (2) Where the claimant and the claimant’s partner each satisfies paragraph 23 or 24, the component to be included in the claimant’s applicable amount is that which relates to the claimant.

The work-related activity component

23

The claimant is entitled to the work-related activity component if the Secretary of State has decided that the claimant or the claimant’s partner has, or is to be treated as having, limited capability for work.

The support component

24

The claimant is entitled to the support component if the Secretary of State has decided that the claimant or the claimant’s partner has, or is to be treated as having, limited capability for work-related activity.

PART6 — Amount of components

25

The amount of the work-related activity component is £28.15.

26

The amount of the support component is £34.05.

48A

• (1) Any payment of child maintenance made or derived from a liable relative where the child or young person in respect of whom the payment is made is a member of the claimant’s family, except where the person making the payment is the claimant or the claimant’s partner.

• (2) In paragraph (1)—

• “child maintenance” means any payment towards the maintenance of a child or young person, including any payment made voluntarily and payments made under—the Child Support Act 1991;the Child Support (Northern Ireland) Order 1991;a court order;a consent order;a maintenance agreement registered for execution in the Books of Council and Session or the sheriff court books;

• “liable relative” means a person listed in regulation 54 (interpretation) of the Income Support (General) Regulations 1987, other than a person falling within sub-paragraph (d) of that definition.

55A

Any council tax benefit to which the claimant is entitled.

65

• (1) £1.20 in relation to each week in which child benefit is payable to the claimant at the enhanced rate in respect of a child or qualifying young person for whom the claimant is treated as responsible.

• (2) 65 pence in relation to each week in which child benefit is payable to the claimant other than at the enhanced rate in respect of a child or qualifying young person for whom the claimant is treated as responsible (and if there is more than one, 65 pence in relation to each such child or young person).

• (3) In this paragraph —

• “child” and “qualifying young person” have the meanings given in section 142 of the Act;

• “treated as responsible” is to be construed in accordance with section 143 of the Act;

• “the enhanced rate” has the meaning given in regulation 2(1)(a) of the Child Benefit (Rates) Regulations 2006.

41A

Any payment made under Part 8A of the Act (entitlement to health in pregnancy grant).

1A

In paragraph 1 a claimant is entitled to main phase employment and support allowance if he satisfies paragraph 21 of this Schedule.

2A

In the case of a claimant who has been engaged in remunerative work or part-time employment as a self-employed earner or, had the employment been in Great Britain would have been so engaged and who has ceased to be so employed, from the date of the cessation of his employment any earnings derived from that employment except earnings to which regulation 27(3) and (4) (earnings of self-employed earners) apply.

2A

Any payment in respect of expenses arising out of the claimant’s participation in a service user group.

66

Any payment of child benefit.

10A

• (1) Where—

• (a) the claimant (or if the claimant is a member of a couple, at least one member of that couple) is a person to whom sub-paragraph (5) applies;

• (b) the Secretary of State is satisfied that that person is undertaking exempt work as defined in sub-paragraph (6); and

• (c) paragraph 12 does not apply,

the amount specified in sub-paragraph (7) (“the specified amount”).

• (2) Where this paragraph applies, paragraphs 3 to 10 do not apply; but in any case where the claimant is a lone parent, and the specified amount would be less than the amount specified in paragraph 4, then paragraph 4 applies instead of this paragraph.

• (3) Notwithstanding regulation 15 (calculation of income and capital of members of claimant’s family and of a polygamous marriage), if sub-paragraph (1) applies to one member of a couple (“A”) it shall not apply to the other member of that couple (“B”) except to the extent provided in sub-paragraph (4).

• (4) Where A’s earnings are less than the specified amount, there shall also be disregarded so much of B’s earnings as would not when aggregated with A’s earnings exceed the specified amount; but the amount of B’s earnings which may be disregarded under this sub-paragraph is limited to a maximum of £20 unless the Secretary of State is satisfied that B is also undertaking exempt work.

• (5) This sub-paragraph applies to a person who is—

• (a) in receipt of a contributory employment and support allowance;

• (b) in receipt of incapacity benefit;

• (c) in receipt of severe disablement allowance; or

• (d) being credited with earnings on the grounds of incapacity for work or limited capability for work under regulation 8B of the Social Security (Credits) Regulations 1975.

• (6) “Exempt work” means work of the kind described in—

• (a) regulation 45(2), (3) or (4) of the Employment and Support Allowance Regulations; or (as the case may be)

• (b) regulation 17(2), (3) or (4) of the Social Security (Incapacity for Work) (General) Regulations 1995,

and, in determining for the purposes of this paragraph whether a claimant or a member of a couple is undertaking any type of exempt work, it is immaterial whether that person or their partner is also undertaking other work.

• (7) The specified amount is the amount of money from time to time mentioned in any provision referred to in sub-paragraph (6) by virtue of which the work referred to in sub-paragraph (1) is exempt (or, where more than one such provision is relevant and those provisions mention different amounts of money, the highest of those amounts).

Alternative means of notifying changes of circumstances

74ZA

• (1) In such cases and subject to such conditions as the Secretary of State may specify, the duty in regulation 74(1) to notify a change of circumstances may be discharged by notifying the Secretary of State—

• (a) where the change of circumstances is a birth or death, through a relevant authority, or a county council in England, by personal attendance at an office specified by that authority or county council, provided the Secretary of State has agreed with that authority or county council for it to facilitate such notification; or

• (b) where the change of circumstances is a death, by telephone to a telephone number specified for that purpose by the Secretary of State.

• (2) Paragraph (1) only applies if the authority administering the claimant’s council tax benefit agrees with the Secretary of State that notifications may be made in accordance with that paragraph.

• (3) The Secretary of State must forward information received in accordance with paragraph (1) to the authority administering the claimant’s council tax benefit.

Notice of changes of circumstances given electronically

21A

Subject to paragraph 22, the claimant is entitled to one, but not both, of the components in paragraphs 23 and 24 if the claimant or his partner is entitled to a converted employment and support allowance, or would be entitled but for the application of section 1A of the Welfare Reform Act (duration of contributory allowance).

PART 7 — Transitional Addition

27

• (1) The claimant is entitled to the transitional addition calculated in accordance with paragraph 30 where the claimant or the claimant's partner (“the relevant person”)—

• (a) is entitled to a converted employment and support allowance, or would be entitled but for the application of section 1A of the Welfare Reform Act (duration of contributory allowance); or

• (b) is appealing a conversion decision as described in regulation 5(2)(b) of the Employment and Support Allowance (Existing Awards) Regulations and—

• (i) is treated as having limited capability for work by virtue of regulation 30 of the Employment and Support Allowance Regulations as modified by the Employment and Support Allowance (Existing Awards) Regulations; and

• (ii) is not in receipt of an income-related employment and support allowance,

unless the amount of the transitional addition calculated in accordance with paragraph 30 would be nil.

• (2) The claimant's entitlement to a transitional addition by virtue of this paragraph ends on any of the following—

• (a) the reduction of the transitional addition to nil in accordance with paragraph 31;

• (b) the termination of the claimant's award of council tax benefit;

• (c) the relevant person ceasing to meet the requirements of sub-paragraph (1)(a) or (b), as the case may be;

• (d) the claimant or the claimant's partner becoming entitled to an income-related employment and support allowance, an income-based jobseeker's allowance or income support;

• (e) 5th April 2020.

28

• (1) This paragraph applies where—

• (a) the claimant's entitlement to a transitional addition, ends by virtue of the termination of the claimant's award of council tax benefit, under—

• (i) paragraph 27(2)(b);

• (ii) sub-paragraph (3)(b) of this paragraph; or

• (iii) paragraph 29(3)(b);

• (b) within 12 weeks of that termination but before 5th April 2020 the claimant again becomes entitled to council tax benefit;

• (c) in the benefit week in which the claimant again becomes entitled to council tax benefit the relevant person is entitled to an employment and support allowance which is not income-related and;

• (d) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (e) at the date on which the claimant again becomes entitled to council tax benefit, neither the claimant nor the claimant's partner is entitled to an income-related employment and support allowance, an income-based jobseeker's allowance or income support.

• (2) Where this paragraph applies, the claimant is entitled, with effect from the day on which the claimant again becomes entitled to council tax benefit, to a transitional addition of the amount of the transitional addition that would have applied had the claimant's entitlement to a transitional addition not ended (but taking account of the effect which any intervening change of circumstances would have had by virtue of paragraph 31), unless the amount of the transitional addition would be nil.

• (3) The claimant's entitlement to a transitional addition by virtue of this paragraph ends on any of the following—

• (a) the reduction of the transitional addition to nil in accordance with paragraph 31;

• (b) the termination of the claimant's award of council tax benefit;

• (c) the relevant person no longer being entitled to the employment and support allowance referred to in sub-paragraph (1)(c);

• (d) the claimant or the claimant's partner becoming entitled to an income-related employment and support allowance, an income-based jobseeker's allowance or income support;

• (e) 5th April 2020.

29

• (1) This paragraph applies where—

• (a) the claimant's entitlement to a transitional addition ends, by virtue of the relevant person ceasing to be entitled to an employment and support allowance, under—

• (i) paragraph 27(2)(c);

• (ii) paragraph 28(3)(c); or

• (iii) sub-paragraph (3)(c) of this paragraph;

• (b) before 5th April 2020 the relevant person again becomes entitled to an employment and support allowance which is not income-related;

• (c) at the date on which the relevant person again becomes entitled to an employment and support allowance which is not income-related, regulation 145(1) of the Employment and Support Allowance Regulations applies to the relevant person; and

• (d) at the date on which the relevant person again becomes entitled to an employment support allowance which is not income-related, neither the claimant nor the claimant's partner is entitled to an income-related employment and support allowance, an income-based jobseeker's allowance or income support.

• (2) Where this paragraph applies, the claimant is entitled, with effect from the day that the relevant person's entitlement to employment and support allowance takes effect for council tax benefit purposes, to a transitional addition of the amount of the transitional addition that would have applied had the claimant's entitlement to a transitional addition not ended (but taking account of the effect which any intervening change of circumstances would have had by virtue of paragraph 31), unless the amount of the transitional addition would be nil.

• (3) The claimant's entitlement to a transitional addition by virtue of this paragraph ends on any of the following—

• (a) the reduction of the transitional addition to nil in accordance with paragraph 31;

• (b) the termination of the claimant's award of council tax benefit;

• (c) the relevant person no longer being entitled to the employment and support allowance referred to in sub-paragraph (1)(b);

• (d) the claimant or the claimant's partner becoming entitled to an income-related employment and support allowance, an income-based jobseeker's allowance or income support;

• (e) 5th April 2020.

PART 8 — Amount of transitional addition

30

• (1) Subject to paragraph 31, the amount of the transitional addition is the amount by which Amount A exceeds Amount B.

• (2) Where a conversion decision as described in regulation 5(2)(a) of the Employment and Support Allowance (Existing Awards) Regulations is made in respect of the relevant person—

• (a) Amount A is the basic amount that would have applied on the day that decision took effect had that decision not been made; and

• (b) Amount B is the basic amount that applied on that day as a result of that decision.

• (3) Where the relevant person is appealing a conversion decision as described in regulation 5(2)(b) of the Employment and Support Allowance (Existing Awards) Regulations and is treated as having limited capability for work by virtue of regulation 30 of the Employment and Support Allowance Regulations as modified by the Employment and Support Allowance (Existing Awards) Regulations—

• (a) Amount A is the basic amount that would have applied on the day the relevant person was first treated as having limited capability for work if the relevant person had not been so treated; and

• (b) Amount B is the basic amount that applied on that day as a result of the relevant person being so treated.

• (4) In this paragraph and paragraph 31, “basic amount” means the aggregate of such amounts as may apply in the claimant's case in accordance with regulation 12(a) to (e) or regulation 13(a) to (f).

31

• (1) Subject to sub-paragraph (2), where there is a change of circumstances which leads to an increase in the claimant's basic amount, the transitional addition that applies immediately before the change of circumstances shall be reduced by the amount by which Amount C exceeds Amount D.

• (2) If Amount C exceeds Amount D by more than the amount of the transitional addition that applies immediately before the change of circumstances, that transitional addition shall be reduced to nil.

• (3) Amount C is the basic amount that applies as a result of the increase.

• (4) Amount D is the basic amount that applied immediately before the increase.

A2

Any payment made to the claimant in respect of any travel or other expenses incurred, or to be incurred, by him in respect of his participation in the Mandatory Work Activity Scheme.

A2

Any payment made to the claimant in respect of any travel or other expenses incurred, or to be incurred, by him in respect of his participation in the Mandatory Work Activity Scheme but only for 52 weeks beginning with the date of receipt of the payment.

A3

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

A3

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

A3

Any payment made to the claimant in respect of any travel or other expenses incurred, or to be incurred, by him in respect of his participation in a scheme prescribed in regulation 3 of the Jobseeker's Allowance (Schemes for Assisting Persons to Obtain Employment) Regulations 2013.

A3

Any payment made to the claimant in respect of any travel or other expenses incurred, or to be incurred, by him in respect of his participation in a scheme prescribed in regulation 3 of the Jobseeker's Allowance (Schemes for Assisting Persons to Obtain Employment) Regulations 2013.