The Council Tax Benefit Regulations 2006

• (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 90 (recovery of excess benefits from prescribed benefits).

Signed

Signed by authority of the Secretary of State for Work and Pensions

James Plaskitt — Parliamentary Under Secretary of State, — 2006-02-02

Explanatory note

(This note is not part of the Order)

Footnotes

[^f00001]: 1992 c. 4; 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).

[^f00002]: 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 136A(3) and (4) was inserted by the State Pension Credit Act 2002 (c. 16), Schedule 2, paragraph 3; 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”.

[^f00003]: 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”.

[^f00004]: See section 172 of, and paragraph 10 of Part I of Schedule 7 to, the Social Security Administration Act 1992.

[^f00005]: 1992 c. 5.

[^f00006]: 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).

[^f00007]: 1996 c. 18; sections 75A and 75B were inserted by section 3 of the Employment Act 2002 (c. 22).

[^f00008]: See in particular paragraph 7(2)(b) of Schedule 8.

[^f00009]: S.I. 1983/686; the relevant amending Instruments are S.I. 1983/1164, 1984/1675.

[^f00010]: 1995 c. 18; the Jobseekers Act is amended by the Welfare Reform and Pensions Act 1999 (c. 30) section 59 and Schedule 7.

[^f00011]: 2000 c. 14.

[^f00012]: 2001 asp 8.

[^f00013]: S.I. 1995/755 (N.1. 2).

[^f00014]: S.I. 2006/217.

[^f00015]: S.I. 2001/1002.

[^f00016]: 1999 c. 30.

[^f00017]: S.I. 2005/439.

[^f00018]: S.I. 2006/213.

[^f00019]: 1999 c. 33.

[^f00020]: S.I. 1987/1967.

[^f00021]: 1995 c. 18.

[^f00022]: S.I. 1996/207.

[^f00023]: 1988 c. 1; the definition of “lower rate” was added by the Finance Act 1992 (c. 20), section 9(9).

[^f00024]: 1996 c. 18.

[^f00025]: 1993 c. 48.

[^f00026]: 1990 c. 35.

[^f00027]: 1993 c. 39.

[^f00028]: 2002 c. 16.

[^f00029]: 1976 c. 71.

[^f00030]: 2002 c. 21.

[^f00031]: 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).

[^f00032]: 1917 c. 51.

[^f00033]: 1939 c. 82.

[^f00034]: 1939 c. 83.

[^f00035]: 1947 c. 19.

[^f00036]: 1980 c. 9.

[^f00037]: 2003 c. 1.

[^f00038]: 1991 c. 56.

[^f00039]: 2002 Asp. 3.

[^f00040]: S.I. 2002/2005.

[^f00041]: 2000 c. 19.

[^f00042]: 2001 c. 11.

[^f00043]: S.I. 2002/1792.

[^f00044]: See the Housing Benefit and Council Tax Benefit (Consequential Provisions) Regulations 2006 (S.I. 2006/217), regulation 7 and Schedule 4, paragraph 3 for regulation 7A and Schedule A1 (claims by refugees).

[^f00045]: S.I. 2000/2326, to which there are amendments not relevant to these Regulations.

[^f00046]: S.I. 2004/1219.

[^f00047]: S.I. 2000/636.

[^f00048]: See the Housing Benefit and Council Tax Benefit (Consequential Provisions) Regulations 2006 (S.I. 2006/217), regulation 7 and Schedule 4, paragraph 3, for regulation 7A and Schedule A1 (claims by refugees).

[^f00049]: Cmd. 9171.

[^f00050]: 2000 c. 43.

[^f00051]: 1983 c. 72.

[^f00052]: 2003 asp 13.

[^f00053]: 1995 c. 46.

[^f00054]: 1952 c. 52.

[^f00055]: 1989 c. 45.

[^f00056]: S.I. 1987/1961.

[^f00057]: 2000 c. 35.

[^f00058]: Section 145A was inserted by section 55 of the Tax Credits Act 2002 (c. 21).

[^f00059]: 1989 c. 41.

[^f00060]: 2002 c. 38.

[^f00061]: S.I. 1996/3266 (S.254).

[^f00062]: 1955 c. 18.

[^f00063]: 1955 c. 19.

[^f00064]: 1957 c. 53.

[^f00065]: 1958 c. 40.

[^f00066]: 1968 c. 49.

[^f00067]: 1969 c. 46.

[^f00068]: 1969 c. 54.

[^f00069]: 1973 c. 18.

[^f00070]: 1975 c. 72.

[^f00071]: 1978 c. 22.

[^f00072]: 1978 c. 28.

[^f00073]: 1986 c. 55.

[^f00074]: 1989 c. 41.

[^f00075]: 1995 c. 36.

[^f00076]: See the Housing Benefit and Council Tax Benefit (Consequential Provisions) Regulations 2006 (S.I. 2006/217), regulation 7 and Schedule 4, paragraph 3 for regulation 7A and Schedule A1 (claims by refugees).

[^f00077]: See the Housing Benefit and Council Tax Benefit (Consequential Provisions) Regulations 2006 (S.I. 2006/217), regulation 7 and Schedule 4, paragraph 3 for regulation 7A and Schedule A1 (claims by refugees).

[^f00078]: S.I.1975/555; the relevant amending Instruments are S.I. 1977/1693 and 1987/1683.

[^f00079]: S.I. 1975/556.

[^f00081]: 1989 c. 41; Part 10A (comprising sections 79A to 79X) was inserted by section 79 of the Care Standards Act 2000 (c. 14).

[^f00082]: 2001 asp 8.

[^f00083]: 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).

[^f00084]: 1994 c. 39; section 2 was amended by the Environment Act 1995 (c. 25), Schedule 22, paragraph 232(1).

[^f00085]: 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).

[^f00086]: Section 171ZL was inserted by section 4 of the Employment Act 2002.

[^f00087]: Schedule 1B was inserted by S.I. 1996/206; paragraph 1B was inserted by S.I. 2002/2689 and amended by S.I. 2003/455.

[^f00088]: 1996 c. 18.

[^f00089]: S.I. 2001/1004.

[^f00090]: 1988 c. 1.

[^f00091]: 1990 c. 36.

[^f00092]: S.I. 1975/529.

[^f00093]: 1988 c. 1.

[^f00094]: S.I. 1983/883.

[^f00095]: 28 & 29 Vict. c. 73.

[^f00096]: 1977 c. 5

[^f00097]: S.I. 2005/52.

[^f00098]: 1980 c. 46.

[^f00099]: 1980 c. 46.

[^f00100]: S.I. 1987/1967; the relevant amending Instrument is S.I. 1990/1776.

[^f00101]: S.I. 1987/1967.

[^f00102]: 1992 c. 13.

[^f00103]: 1980 c. 44; the functions of the Secretary of State were transferred to Scottish Ministers by virtue of section 53 of the Scotland Act 1998 (c. 46).

[^f00104]: S.I. 1993/2810 (N.I.12).

[^f00105]: S.I. 1997/1772 (N.I.15).

[^f00106]: 2000 c. 21.

[^f00107]: 1992 c. 37.

[^f00108]: 1996 c. 56.

[^f00109]: 1973 c. 65.

[^f00110]: S.I. 1986/594 (N.I.3).

[^f00111]: 1965 c. 4.

[^f00112]: The Council was established by section 30 of the Learning and Skills Act 2000(c. 21).

[^f00113]: S.I. 2005/52.

[^f00114]: S.S.I. 2000/200.

[^f00115]: S.R. 2001/.277.

[^f00116]: S.I. 2003/1994; the relevant amending Instrument is S.I. 2005/2083.

[^f00117]: 1980 c. 44.

[^f00118]: The relevant leaflets are SAS2, SAS4 and SAS6.

[^f00119]: 1992 c. 37.

[^f00120]: 1998 c. 30.

[^f00121]: S.I. 1998/1760 (N.I. 14).

[^f00122]: S.I. 1999/1131.

[^f00123]: 1989 c. 41.

[^f00124]: 1968 c. 49.

[^f00125]: 1998. c. 40.

[^f00126]: S.I. 2005/52.

[^f00127]: 1968 c. 46.

[^f00128]: S.I. 2003/1994; the relevant amending Instrument is S.I. 2005/2083.

[^f00129]: 1998 c. 30.

[^f00130]: S.I. 1999/1131 (S. 91).

[^f00131]: S.I. 2005/52; see regulation 2(1).

[^f00132]: Section 77A was inserted by the Civil Partnership Act 2004 (c. 33); section 77 was amended by the Education (Graduate Endowment and Student Support) (Scotland) Act 2001, asp 6, section 4(3); section 9 amended by the Civil Partnership Act 2004, section 261(1) and Schedule 27, paragraph 140 (1) and (2) and by the Local Government Act 2003 (c. 26), section 24(2).

[^f00133]: Section 2 was substituted by s. 25 of the Employment Act 1988 (c. 19); the Employment Act 1989 (c. 38), Part I, Schedule 7; and the Trade Union Reform and Employment Rights Act 1993 (c. 19),section 47(1).

[^f00134]: 1990 c. 35.

[^f00135]: Section 77A was inserted by the Civil Partnership Act 2004 (c. 33); section 77 was amended by the Education (Graduate Endowment and Student Support) (Scotland) Act 2001, section 4(3); section 9 amended by the Civil Partnership Act 2004, section 261(1) and Schedule 27, paragraph 140 (1) and (2) and by the Local Government Act 2003 (c. 26), section 24(2).

[^f00136]: Schedule 1 amended by the Care Standards Act 2000 (c. 14), section 116, Schedule 4, paragraph 20; the Criminal Justice and Court Services Act 2000, section 75 and Schedule 8, the Powers of Criminal Courts (Sentencing) Act 2000, section 155(1) and Schedule 9, paragraph 152; and the Regulation of Care (Scotland) Act 2001, asp 8, section 79, and Schedule 3, paragraph 18.

[^f00137]: Section 6(2)(c) amended by S.I. 1997/74, art. 2 and the Schedule, paragraph 8(a); section 75(2)(c) amended by the Housing (Scotland) Act 2001 asp 10, section 112 and Schedule 10, paragraph 19(1)(a).

[^f00138]: Amended by S.I. 2003/325.

[^f00139]: Section 13 was amended by the Local Government Act 2003 (c. 26), section 127 and Schedule 7, paragraph 42; section 80 by the Local Government etc. (Scotland) Act 1994, section 180 and Schedule 13, paragraph 176(4).

[^f00140]: Section 11 was amended by the Local Government Act 2003 (c. 26), section 127 and Schedule 7, paragraph 41; section 12 was substituted by the Local Government Act 2003, section 75(2); section 79 was amended by S.S.I. 2005/51, regulation 2.

[^f00141]: 2000 asp 4.

[^f00142]: 1971 c. 27.

[^f00143]: 1985 c. 29.

[^f00144]: S.I. 1987/1968; amended by S.I. 1991/2741, 1999/2572, 2002/2441, 2003/492 and 2005/337.

[^f00145]: See the Housing Benefit and Council Tax Benefit (Consequential Provisions) Regulations 2006 (S.I. 2006/217), regulation 7 and Schedule 4, paragraph 3 for regulation 7A and Schedule A1 (claims by refugees).

[^f00146]: S.I. 1999/3108.

[^f00147]: S.I. 1992/613.

[^f00148]: S.I. 1992/1332.

[^f00149]: Amended by the Local Government Act 2003 (c. 26), section 127 and Schedule 7, paragraphs 40 and 42.

[^f00150]: Section 11 was amended by the Local Government Act 2003 (c. 26), section 127 and Schedule 7, paragraph 41; section 79 was amended by S.S.I. 2005/51, regulation 2.

[^f00151]: Amended by the Local Government Act 1999 (c. 27), section 30 and Schedule 1, paragraphs 2 and 3; modified by S.I. 1993/22.

[^f00152]: Amended by the Local Government etc. (Scotland) Act 1994 (c. 39), section 180, Schedule 14 and 15.

[^f00153]: Amended by the Greater London Authority Act 1999 (c. 29), section 81.

[^f00154]: Amended by the Local Government etc. (Scotland) Act 1994 (c. 39) section 180(2) and Schedule 14; and by the Local Government in Scotland Act 2003 asp 1, section 41.

[^f00155]: 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).

[^f00156]: Paragraph 6(5) inserted by S.I. 2001/488.

[^f00157]: Inserted by the Social Security Administration (Fraud) Act 1997 (c. 47), section 3 and modified by the Welfare Reform and Pensions Act 1999 (c. 30), section 80 and Schedule 8, paragraph 34.

[^f00158]: S.I. 1979/597; amending instruments are S.I. 1991/547, 1991/1617, 1992/589, 1993/965, 1996/1803, 2000/799, 2003/136 and 2004/565.

[^f00159]: 1990 c. 35.

[^f00160]: Section 39B was inserted by the Welfare Reform and Pensions Act 1999 (c. 30), section 55(2).

[^f00161]: S.I 2006/213.

[^f00162]: S.I 1989/1321.

[^f00163]: S.I 1995/311; relevant amending Instruments are S.I. 1998/2231 and 1999/3109.

[^f00164]: 1977 c. 49; section 5(2) was amended subsection (2A) added by the Public Health Laboratory Services Act 1979 (c. 23), section1, and subsection (2B) added by section 9 of the Health and Social Security Act 1984 (c. 48).

[^f00165]: 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 to 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).

[^f00166]: 1948 c. 29;

[^f00167]: 1994 c. 39. Section 2 was amended by the Environment Act 1995 (c. 25), Schedule 22, paragraph 232(1).

[^f00168]: Section 30B was inserted by the Social Security (Incapacity for Work) Act 1994(c. 18), section 2.

[^f00169]: 1973 c. 50; section 2 was amended by the Employment Act 1988 (c. 19), section 25(1); the Employment Act 1989 (c. 38), Part I, Schedule 7; and the Trade Union Reform and Employment Rights Act 1993 (c. 19),section 47(1).

[^f00170]: 1990 c. 35.

[^f00171]: 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.

[^f00172]: 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.

[^f00173]: 2004 c. 21.

[^f00174]: 2005 asp 5. paragraph 8(1)(c) applies in Scotland only– see footnote (a) above.

[^f00175]: S.I. 2001/1004.

[^f00176]: S.I. 1999/2734.

[^f00177]: S.I. 1983/883; article 26A was inserted by S.I.1983/1116 and amended by S.I. 1983/1521, 1986/592, 1990/1308, 1991/766, 1992/710, 1995/766, 1997/286 and 2001/409.

[^f00178]: S.I. 1983/686; article 25A was inserted by S.I. 1983/1164 and amended by S.I. 1983/1164 and 1983/1540, 1986/628, 1990/1300, 1991/708, 1992/702, 1995/445, 1997/812 and 2001/420.

[^f00179]: 1996 c. 56; section 518 was substituted by the School Standards and Framework Act 1998 (c. 31), section 129.

[^f00180]: 1980 c. 44.

[^f00181]: 1992 c. 37.

[^f00182]: 2002 c. 32; section 14 was amended by the Education Act 2005 (c. 18), section 98 and Schedule 14, paragraph 23.

[^f00183]: S.I. 2002/2086.

[^f00184]: 1990 c. 35.

[^f00185]: S.I. 1983/883.

[^f00186]: 1865 c. 73.

[^f00187]: 47 & 48 Vict c. 55.

[^f00188]: 1977 c. 5.

[^f00189]: Section 39A was inserted by section 55(2) of the Welfare Reform and Pensions Act 1999 (c. 30).

[^f00190]: 1962 c. 12.

[^f00191]: 1998 c. 30.

[^f00192]: 1980 c. 44.

[^f00193]: 2002 c. 38.

[^f00194]: 1978 c. 28.

[^f00195]: 1989 c. 41.

[^f00196]: 1975 c. 72.

[^f00197]: Section 14F was inserted by the Adoption and Children Act 2002.

[^f00198]: 1989 c. 41.

[^f00199]: 1995 c. 36.

[^f00200]: S.I. 1985/1799.

[^f00201]: 1948 c. 29; subsection (3A) was inserted by the National Health Service and Community Care Act 1990 (c. 19).

[^f00202]: 1977 c. 49; section 16A was inserted by section 2 of the Health Act 1999(c. 8).

[^f00203]: 1989 c. 41; section 23C was inserted by the Children (Leaving Care) Act 2000 (c. 35), section 2(4).

[^f00204]: 1968 c. 49.

[^f00205]: 1974 c. 39.

[^f00206]: 1964 c. 53; Part 3 was substituted by the Consumer Credit Act 1974, Schedule 4, paragraph 22.

[^f00207]: S.I. 1983/1399.

[^f00208]: S.I. 1987/1683.

[^f00209]: 1865c. 73.

[^f00210]: 1917 c. 51, Queen’s Regulations for the Royal Air Force are available from HMSO.

[^f00211]: 1980 c. 9.

[^f00212]: S.I. 1988/551; the relevant amending Instruments are S.I. 1989/394, 1990/918, 1991/557 and 1992/1104.

[^f00213]: S.I. 1998/546.

[^f00214]: S.I. 1988/536; the relevant amending Instruments are S.I. 1990/3 and 1991/585.

[^f00215]: 1944 c. 10.

[^f00216]: S.I. 1983/883; the relevant amending Instruments are S.I. 1993/598 and 1994/1906.

[^f00217]: S.I. 1996/2567.

[^f00218]: S.I.1983/883; the relevant amending Instruments are S.I. 1994/1906 and 2005/1471.

[^f00219]: S.I.1983/686; the relevant amending Instruments are S.I.1994/715 and 2021.

[^f00220]: 1996 c. 30.

[^f00221]: 1968 c. 48; section 12B was inserted by the Community Care (Direct Payments) Act 1996, section 4.

[^f00222]: 2001 c. 15.

[^f00223]: Chapter 4A was inserted by S.I.1998/1174.

[^f00225]: 1988 c. 1; subsection (1A) was inserted by the Finance Act 1994(c. 9), section 81(3).

[^f00226]: 1970 c. 55.

[^f00227]: 1982 c. 24.

[^f00228]: S.I. 2001/1167.

[^f00229]: 1985 c. 69.

[^f00230]: 1987 c. 26.

[^f00231]: 1989 c. 41.

[^f00232]: 1968 c. 49.

[^f00233]: 1995 c. 36.

[^f00234]: 1988 c. 1; section 369 was amended by the Finance Act 1993 (c. 34), section 58,and the Finance Act 1994 (c. 9), section 81.

[^f00235]: 1988 c. 50.

[^f00236]: 1988 c. 43.

[^f00237]: S.I. 2003/2382, as amended by S.I. 2004/663, S.I. 2004/936 and S.I. 2005/26 and 2005/578.

[^f00238]: S.I. 1988/551; the relevant amending Instruments are S.I.1989/394, 1990/918, 1991/557, 1992/1104.

[^f00239]: S.I. 2003/376.

[^f00240]: S.I. 1996/1434.

[^f00241]: S.I. 1998/3132.

[^f00242]: 1995 c. 36.

[^f00243]: 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.

[^f00244]: 1995 c. 34.

[^f00245]: S.I. 1995/2702.

[^f00246]: 1996 c. 56.

[^f00247]: 1980 c. 44.

[^f00248]: 1992 c. 37.

[^f00249]: 2002 c. 32.

[^f00250]: 1989 c. 24.

[^f00251]: 1996 c. 30.

[^f00252]: 2001 c. 15.

[^f00253]: 1968 c. 48; section 12B was inserted by the Community Care (Direct Payments) Act 1996, section 4.

[^f00254]: 2002 c. 38.

[^f00255]: 1989 c. 41; section 14F was inserted by section 115 of the Adoption and Children Act 2002.

1

The amounts specified in column (2) below in respect of each person or couple specified in column (1) shall be the amounts specified for the purposes of regulations 12(a) and 13(a) and (b)—

2

• (1) The amount 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 regulations 12(b) and 13(c)—

Column (1)	Column (2)
Child or young person	Amount
Persons 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£43.88;
bbeginning on the first Monday in September following that person's sixteenth birthday and ending on the day preceding that person's twentieth birthday.	b£43.88.

• (2) In column (1) of the table in paragraph (1), “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 12(c) and 13(d) in respect of a family of which at least one member is a child or young person shall be—

• (a) where the claimant is a lone parent to whom sub-paragraph (3) applies, £22.20;

• (b) in any other case, £17.40.

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

• (3) The amount in sub-paragraph (1)(a) shall be applicable to a lone parent—

• (a) who was entitled to council tax benefit on 5th April 1998 and whose applicable amount on that date included the amount applicable under sub-paragraph (a) of this paragraph as in force on that date; or

• (b) on becoming entitled to council tax benefit where that lone parent—

• (i) had been treated as entitled to that benefit in accordance with sub-paragraph (4) as at the day before the date of claim for that benefit; and

• (ii) was entitled to housing benefit as at the date of claim for council tax benefit or would have been entitled to housing benefit as at that date had that day not fallen during a rent free period as defined in regulation 81 of the Housing Benefit Regulations,

and in respect of whom, all of the conditions specified in sub-paragraph (4) have continued to apply.

• (4) The conditions specified for the purposes of sub-paragraph (3) are that, in respect of the period commencing on 6th April 1998—

• (a) the claimant has not ceased to be entitled, or has not ceased to be treated as entitled, to council tax benefit;

• (b) the claimant has not ceased to be a lone parent;

• (c) where the claimant was entitled to income support or to an income-based jobseeker's allowance on 5th April 1998, he has continuously, since that date, been entitled to income support, an income-based jobseeker’s allowance or income-related employment and support allowance or a combination of those benefits;

• (d) where the claimant was not entitled to income support or to an income-based jobseeker's allowance on 5th April 1998, he has not become entitled to income support, an income-based jobseeker’s allowance or an income-related employment and support allowance; and

• (e) a premium under paragraph ...12 or a component under paragraph 23 or 24 has not become applicable to the claimant.

• (5) For the purposes of sub-paragraphs (3)(b)(i) and (4)(a), a claimant shall be treated as entitled to council tax benefit during any period where he was not, or had ceased to be, so entitled and—

• (a) throughout that period, he had been awarded housing benefit and his applicable amount included the amount applicable under paragraph 3(1)(a) of Schedule 3 to the Housing Benefit Regulations (lone parent rate of family premium); or

• (b) he would have been awarded housing benefit during that period had that period not been a rent free period as defined in regulation 81 of the Housing Benefit Regulations and his applicable amount throughout that period would have included the amount applicable under paragraph 3(1)(a) of Schedule 3 to those Regulations.

4

Except as provided in paragraph 5, the premiums specified in Part 4 of this Schedule shall, for the purposes of regulations 12(d) and 13(e), be applicable to a claimant who satisfies the condition specified in paragraphs 8 to 17 in respect of that premium.

5

Subject to paragraph 6, where a claimant satisfies the conditions in respect of more than one premium in this Part of this Schedule, only one premium shall be applicable to him and, if they are different amounts, the higher or highest amount shall apply.

6

-The following premiums, namely—

• (a) a severe disability premium to which paragraph 14 applies;

• (b) an enhanced disability premium to which paragraph 15 applies;

• (c) a disabled child premium to which paragraph 16 applies; and

• (d) a carer premium to which paragraph 17 applies,

may be applicable in addition to any other premium which may apply under this Schedule.

7

• (1) Subject to sub-paragraph (2), for the purposes of this Part of this Schedule, once a premium is applicable to a claimant under this Part, a person shall be treated as being in receipt of any benefit for—

• (a) in the case of a benefit to which the Social Security (Overlapping Benefits) Regulations 1979 applies, any period during which, apart from the provisions of those Regulations, he would be in receipt of that benefit; and

• (b) any period spent by a person in undertaking a course of training or instruction provided or approved by the Secretary of State under section 2 of the 1973 Act or by Skills Development Scotland, Scottish Enterprise or Highlands and Islands Enterprise under section 2 of the Enterprise and New Towns (Scotland) Act 1990 for any period during which he is in receipt of a training allowance.

• (2) For the purposes of the carer premium under paragraph 17, a person shall be treated as being in receipt of carer's allowance by virtue of sub-paragraph (1)(a) only if and for so long as the person in respect of whose care the allowance has been claimed remains in receipt of attendance allowance, or the care component of disability living allowance at the highest or middle rate prescribed in accordance with section 72(3) of the Act.

8

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

9

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

Editorial notes

[^c1541215]: 1992 c. 4; 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).

[^c1541216]: 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 136A(3) and (4) was inserted by the State Pension Credit Act 2002 (c. 16), Schedule 2, paragraph 3; 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”.

[^c1541217]: 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”.

[^c1541218]: See section 172 of, and paragraph 10 of Part I of Schedule 7 to, the Social Security Administration Act 1992.

[^c1541219]: 1992 c. 5.

[^c1541220]: 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).

[^c1541221]: 1996 c. 18; sections 75A and 75B were inserted by section 3 of the Employment Act 2002 (c. 22).

[^c1541222]: See in particular paragraph 7(2)(b) of Schedule 8.

[^c1541223]: S.I. 1983/686; the relevant amending Instruments are S.I. 1983/1164, 1984/1675.

[^c1541224]: 1995 c. 18; the Jobseekers Act is amended by the Welfare Reform and Pensions Act 1999 (c. 30) section 59 and Schedule 7.

[^c1541225]: 2000 c. 14.

[^c1541226]: 2001 asp 8.

[^c1541227]: S.I. 1995/755 (N.1. 2).

[^c1541228]: S.I. 2006/217.

[^c1541229]: S.I. 2001/1002.

[^c1541230]: 1999 c. 30.

[^c1541231]: S.I. 2005/439.

[^c1541232]: S.I. 2006/213.

[^c1541233]: 1999 c. 33.

[^c1541234]: S.I. 1987/1967.

[^c1541235]: 1995 c. 18.

[^c1541236]: S.I. 1996/207.

[^c1541238]: 1996 c. 18.

[^c1541240]: 1990 c. 35.

[^c1541241]: 1993 c. 39.

[^c1541242]: 2002 c. 16.

[^c1541244]: 2002 c. 21.

[^c1541245]: 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).

[^c1541252]: 1991 c. 56.

[^c1541253]: 2002 Asp. 3.

[^c1541254]: S.I. 2002/2005.

[^c1541256]: 2001 c. 11.

[^c1541257]: S.I. 2002/1792.

[^c1541258]: See the Housing Benefit and Council Tax Benefit (Consequential Provisions) Regulations 2006 (S.I. 2006/217), regulation 7 and Schedule 4, paragraph 3 for regulation 7A and Schedule A1 (claims by refugees).

[^c1541261]: S.I. 2000/636.

[^c1541262]: See the Housing Benefit and Council Tax Benefit (Consequential Provisions) Regulations 2006 (S.I. 2006/217), regulation 7 and Schedule 4, paragraph 3, for regulation 7A and Schedule A1 (claims by refugees).

[^c1541263]: Cmd. 9171.

[^c1541264]: 2000 c. 43.

[^c1541265]: 1983 c. 72.

[^c1541266]: 2003 asp 13.

[^c1541267]: 1995 c. 46.

[^c1541268]: 1952 c. 52.

[^c1541269]: 1989 c. 45.

[^c1541271]: 2000 c. 35.

[^c1541272]: Section 145A was inserted by section 55 of the Tax Credits Act 2002 (c. 21).

[^c1541273]: 1989 c. 41.

[^c1541274]: 2002 c. 38.

[^c1541275]: S.I. 1996/3266 (S.254).

[^c1541276]: 1955 c. 18.

[^c1541277]: 1955 c. 19.

[^c1541278]: 1957 c. 53.

[^c1541279]: 1958 c. 40.

[^c1541280]: 1968 c. 49.

[^c1541281]: 1969 c. 46.

[^c1541282]: 1969 c. 54.

[^c1541283]: 1973 c. 18.

[^c1541284]: 1975 c. 72.

[^c1541285]: 1978 c. 22.

[^c1541286]: 1978 c. 28.

[^c1541287]: 1986 c. 55.

[^c1541288]: 1989 c. 41.

[^c1541289]: 1995 c. 36.

[^c1541290]: See the Housing Benefit and Council Tax Benefit (Consequential Provisions) Regulations 2006 (S.I. 2006/217), regulation 7 and Schedule 4, paragraph 3 for regulation 7A and Schedule A1 (claims by refugees).

[^c1541293]: S.I. 1975/556.

[^c1541295]: 1989 c. 41; Part 10A (comprising sections 79A to 79X) was inserted by section 79 of the Care Standards Act 2000 (c. 14).

[^c1541297]: 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).

[^c1541298]: 1994 c. 39; section 2 was amended by the Environment Act 1995 (c. 25), Schedule 22, paragraph 232(1).

[^c1541299]: 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).

[^c1541300]: Section 171ZL was inserted by section 4 of the Employment Act 2002.

[^c1541301]: Schedule 1B was inserted by S.I. 1996/206; paragraph 1B was inserted by S.I. 2002/2689 and amended by S.I. 2003/455.

[^c1541302]: 1996 c. 18.

[^c1541303]: S.I. 2001/1004.

[^c1541304]: 1988 c. 1.

[^c1541306]: S.I. 1975/529.

[^c1541307]: 1988 c. 1.

[^c1541312]: 1980 c. 46.

[^c1541313]: 1980 c. 46.

[^c1541314]: S.I. 1987/1967; the relevant amending Instrument is S.I. 1990/1776.

[^c1541315]: S.I. 1987/1967.

[^c1541316]: 1992 c. 13.

[^c1541317]: 1980 c. 44; the functions of the Secretary of State were transferred to Scottish Ministers by virtue of section 53 of the Scotland Act 1998 (c. 46).

[^c1541318]: S.I. 1993/2810 (N.I.12).

[^c1541319]: S.I. 1997/1772 (N.I.15).

[^c1541320]: 2000 c. 21.

[^c1541321]: 1992 c. 37.

[^c1541323]: 1973 c. 65.

[^c1541324]: S.I. 1986/594 (N.I.3).

[^c1541325]: 1965 c. 4.

[^c1541330]: S.I. 2003/1994; the relevant amending Instrument is S.I. 2005/2083.

[^c1541331]: 1980 c. 44.

[^c1541332]: The relevant leaflets are SAS2, SAS4 and SAS6.

[^c1541333]: 1992 c. 37.

[^c1541334]: 1998 c. 30.

[^c1541335]: S.I. 1998/1760 (N.I. 14).

[^c1541336]: S.I. 1999/1131.

[^c1541337]: 1989 c. 41.

[^c1541338]: 1968 c. 49.

[^c1541339]: 1998. c. 40.

[^c1541341]: 1968 c. 46.

[^c1541342]: S.I. 2003/1994; the relevant amending Instrument is S.I. 2005/2083.

[^c1541345]: S.I. 2005/52; see regulation 2(1).

[^c1541346]: Section 77A was inserted by the Civil Partnership Act 2004 (c. 33); section 77 was amended by the Education (Graduate Endowment and Student Support) (Scotland) Act 2001, asp 6, section 4(3); section 9 amended by the Civil Partnership Act 2004, section 261(1) and Schedule 27, paragraph 140 (1) and (2) and by the Local Government Act 2003 (c. 26), section 24(2).

[^c1541347]: Section 2 was substituted by s. 25 of the Employment Act 1988 (c. 19); the Employment Act 1989 (c. 38), Part I, Schedule 7; and the Trade Union Reform and Employment Rights Act 1993 (c. 19),section 47(1).

[^c1541348]: 1990 c. 35.

[^c1541349]: Section 77A was inserted by the Civil Partnership Act 2004 (c. 33); section 77 was amended by the Education (Graduate Endowment and Student Support) (Scotland) Act 2001, section 4(3); section 9 amended by the Civil Partnership Act 2004, section 261(1) and Schedule 27, paragraph 140 (1) and (2) and by the Local Government Act 2003 (c. 26), section 24(2).

[^c1541350]: Schedule 1 amended by the Care Standards Act 2000 (c. 14), section 116, Schedule 4, paragraph 20; the Criminal Justice and Court Services Act 2000, section 75 and Schedule 8, the Powers of Criminal Courts (Sentencing) Act 2000, section 155(1) and Schedule 9, paragraph 152; and the Regulation of Care (Scotland) Act 2001, asp 8, section 79, and Schedule 3, paragraph 18.

[^c1541351]: Section 6(2)(c) amended by S.I. 1997/74, art. 2 and the Schedule, paragraph 8(a); section 75(2)(c) amended by the Housing (Scotland) Act 2001 asp 10, section 112 and Schedule 10, paragraph 19(1)(a).

[^c1541353]: Section 13 was amended by the Local Government Act 2003 (c. 26), section 127 and Schedule 7, paragraph 42; section 80 by the Local Government etc. (Scotland) Act 1994, section 180 and Schedule 13, paragraph 176(4).

[^c1541354]: Section 11 was amended by the Local Government Act 2003 (c. 26), section 127 and Schedule 7, paragraph 41; section 12 was substituted by the Local Government Act 2003, section 75(2); section 79 was amended by S.S.I. 2005/51, regulation 2.

[^c1541355]: 2000 asp 4.

[^c1541357]: 1985 c. 29.

[^c1541358]: S.I. 1987/1968; amended by S.I. 1991/2741, 1999/2572, 2002/2441, 2003/492 and 2005/337.

[^c1541359]: See the Housing Benefit and Council Tax Benefit (Consequential Provisions) Regulations 2006 (S.I. 2006/217), regulation 7 and Schedule 4, paragraph 3 for regulation 7A and Schedule A1 (claims by refugees).

[^c1541361]: S.I. 1992/613.

[^c1541362]: S.I. 1992/1332.

[^c1541363]: Amended by the Local Government Act 2003 (c. 26), section 127 and Schedule 7, paragraphs 40 and 42.

[^c1541364]: Section 11 was amended by the Local Government Act 2003 (c. 26), section 127 and Schedule 7, paragraph 41; section 79 was amended by S.S.I. 2005/51, regulation 2.

[^c1541365]: Amended by the Local Government Act 1999 (c. 27), section 30 and Schedule 1, paragraphs 2 and 3; modified by S.I. 1993/22.

[^c1541366]: Amended by the Local Government etc. (Scotland) Act 1994 (c. 39), section 180, Schedule 14 and 15.

[^c1541367]: Amended by the Greater London Authority Act 1999 (c. 29), section 81.

[^c1541368]: Amended by the Local Government etc. (Scotland) Act 1994 (c. 39) section 180(2) and Schedule 14; and by the Local Government in Scotland Act 2003 asp 1, section 41.

[^c1541369]: 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).

[^c1541372]: S.I. 1979/597; amending instruments are S.I. 1991/547, 1991/1617, 1992/589, 1993/965, 1996/1803, 2000/799, 2003/136 and 2004/565.

[^c1541373]: 1990 c. 35.

[^c1541378]: 1977 c. 49; section 5(2) was amended subsection (2A) added by the Public Health Laboratory Services Act 1979 (c. 23), section1, and subsection (2B) added by section 9 of the Health and Social Security Act 1984 (c. 48).

[^c1541379]: 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 to 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).

[^c1541380]: 1948 c. 29;

[^c1541381]: 1994 c. 39. Section 2 was amended by the Environment Act 1995 (c. 25), Schedule 22, paragraph 232(1).

[^c1541382]: Section 30B was inserted by the Social Security (Incapacity for Work) Act 1994(c. 18), section 2.

[^c1541383]: 1973 c. 50; section 2 was amended by the Employment Act 1988 (c. 19), section 25(1); the Employment Act 1989 (c. 38), Part I, Schedule 7; and the Trade Union Reform and Employment Rights Act 1993 (c. 19),section 47(1).

[^c1541384]: 1990 c. 35.

[^c1541385]: 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.

[^c1541387]: 2004 c. 21.

[^c1541388]: 2005 asp 5. paragraph 8(1)(c) applies in Scotland only– see footnote (a) above.

[^c1541389]: S.I. 2001/1004.

[^c1541390]: S.I. 1999/2734.

[^c1541391]: S.I. 1983/883; article 26A was inserted by S.I.1983/1116 and amended by S.I. 1983/1521, 1986/592, 1990/1308, 1991/766, 1992/710, 1995/766, 1997/286 and 2001/409.

[^c1541392]: S.I. 1983/686; article 25A was inserted by S.I. 1983/1164 and amended by S.I. 1983/1164 and 1983/1540, 1986/628, 1990/1300, 1991/708, 1992/702, 1995/445, 1997/812 and 2001/420.

[^c1541393]: 1996 c. 56; section 518 was substituted by the School Standards and Framework Act 1998 (c. 31), section 129.

[^c1541394]: 1980 c. 44.

[^c1541396]: 2002 c. 32; section 14 was amended by the Education Act 2005 (c. 18), section 98 and Schedule 14, paragraph 23.

[^c1541397]: S.I. 2002/2086.

[^c1541398]: 1990 c. 35.

[^c1541402]: 1977 c. 5.

[^c1541403]: Section 39A was inserted by section 55(2) of the Welfare Reform and Pensions Act 1999 (c. 30).

[^c1541404]: 1962 c. 12.

[^c1541405]: 1998 c. 30.

[^c1541406]: 1980 c. 44.

[^c1541407]: 2002 c. 38.

[^c1541408]: 1978 c. 28.

[^c1541411]: Section 14F was inserted by the Adoption and Children Act 2002.