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

Made: 2nd February 2006

Laid before Parliament: 10th February 2006

Coming into force: 6th March 2006

The Secretary of State for Work and Pensions makes the following Regulations in exercise of the powers conferred by sections 123(1)(e), 131(3)(b), (5)(c)(ii), (7)(b) and (10), 132, 133(3) and (4), 134, 135(1), (2) and (6), 136, 136A(3) and (4)(a), 137(1) and (2)(a) to (d), (l) and (m) and 175(1) and (3) to (6) of the Social Security Contributions and Benefits Act 1992 , sections 1(1) and (1C), 6(1)(a) to (d), (g) to (r) and (u), 7(2), 7A, 76(1) to (3), (6) and (8), 77(1), 122E(3) and (4), 128A, 138(1) and (9), 139(6)(b) 189(1) and (3) to (6) and 191 of the Social Security Administration Act 1992 and sections 34, 79(1) and (4) and 84 of the Social Security Act 1998 .

These Regulations are made for the purpose only of consolidating other regulations revoked in the Housing Benefit and Council Tax Benefit (Consequential Provisions) Regulations 2006 .

In accordance with section 176(1) of the Social Security Administration Act 1992 the Secretary of State has consulted with organisations appearing to him to be representative of the authorities concerned.

PART 1 — General

Citation and commencement

1

• (1) These Regulations may be cited as the Council Tax Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 2006.

• (2) These Regulations are to be read, where appropriate, with the Consequential Provisions Regulations.

• (3) Except as provided in Schedule 4 to the Consequential Provisions Regulations, these Regulations shall come into force on 6th March 2006.

• (4) The regulations consolidated by these Regulations are revoked, in consequence of the consolidation, by the Consequential Provisions Regulations.

Interpretation

2

• (1) In these Regulations—

• “the Act” means the Social Security Contributions and Benefits Act 1992;

• “the Administration Act” means the Social Security Administration Act 1992 ;

• “the 1973 Act” means the Employment and Training Act 1973 ;

• “the 1992 Act” means the Local Government Finance Act 1992;

• “the 2000 Act ” means the Electronic Communications Act 2000;

• “Abbeyfield Home” means an establishment run by the Abbeyfield Society including all bodies corporate or incorporate which are affiliated to that Society;

• “adoption leave” means a period of absence from work on ordinary or additional adoption leave by virtue of section 75A or 75B of the Employment Rights Act 1996 ;

• “alternative maximum council tax benefit” means the amount determined in accordance with regulation 46 and Schedule 6;

• “appropriate DWP office” means an office of the Department for Work and Pensions dealing with state pension credit or an office which is normally open to the public for the receipt of claims for income support, a jobseeker's allowance or an employment and support allowance;

• “assessment period” means the period determined—in relation to the earnings of a self-employed earner, in accordance with regulation 27 for the purpose of calculating the weekly earnings of the claimant; orin relation to any other income, in accordance with regulation 23 for the purpose of calculating the weekly income of the claimant;

• “attendance allowance” means—an attendance allowance under Part 3 of the Act;an increase of disablement pension under section 104 or 105 of the Act;a payment under regulations made in exercise of the power conferred by paragraph 7(2)(b) of Part 2 of Schedule 8 to the Act ;an increase of an allowance which is payable in respect of constant attendance under paragraph 4 of Part 1 of Schedule 8 to the Act;a payment by virtue of article 14, 15, 16, 43 or 44 of the Personal Injuries (Civilians) Scheme 1983 or any analogous payment; orany payment based on need for attendance which is paid as part of a war disablement pension;

• “basic rate”, where it relates to the rate of tax, has the same meaning as in the Income Tax Act 2007 (see section 989 of that Act).

• “the benefit Acts” means the Act, the Jobseekers Act , the Welfare Reform Act and the State Pension Credit Act;

• “benefit week” means a period of 7 consecutive days commencing upon a Monday and ending on a Sunday;

• “board and lodging accommodation” means accommodation provided to a person or, if he is a member of a family, to him or any other member of his family, for a charge which is inclusive of the provision of that accommodation and at least some cooked or prepared meals which both are cooked or prepared (by a person other than the person to whom the accommodation is provided or a member of his family) and are consumed in that accommodation or associated premises;

• “care home” in England and Wales has the meaning assigned to it by section 3 of the Care Standards Act 2000 and in Scotland means a care home service within the meaning assigned to it by paragraph2 of schedule12 to the Public Services Reform (Scotland) Act 2010;

• “carer's allowance” means carer's allowance under section 70 of the Act ;

• “the Caxton Foundation” means the charitable trust of that name established on 28th March 2011 out of funds provided by the Secretary of State for the benefit of certain persons suffering from hepatitis C and other persons eligible for payment in accordance with its provisions;

• “child” means a person under the age of 16;

• “child tax credit” means a child tax credit under section 8 of the Tax Credits Act;

• “the Children Order” means the Children (Northern Ireland) Order 1995 ;

• “claim” means a claim for council tax benefit;

• “claimant” means a person claiming council tax benefit;

• “close relative” means a parent, parent-in-law, son, son-in-law, daughter, daughter-in-law, step-parent, step-son, step-daughter, brother, sister, or if any of the preceding persons is one member of a couple, the other member of that couple;

• “concessionary payment” means a payment made under arrangements made by the Secretary of State with the consent of the Treasury which is charged to a Departmental Expenditure Vote to which payments of benefit or tax credits under the benefit Acts or the Tax Credits Act are charged;

• “the Consequential Provisions Regulations” means the Housing Benefit and Council Tax Benefit (Consequential Provisions) Regulations 2006 ;

• “contributory employment and support allowance” means a contributory allowance under Part 1 of the Welfare Reform Act;

• “council tax benefit” means council tax benefit under Part 7 of the Act;

• “couple” means—a man and a woman who are married to each other and are members of the same household;a man and a woman who are not married to each other but are living together as husband and wife;two people of the same sex who are civil partners of each other and are members of the same household; ortwo people of the same sex who are not civil partners of each other but are living together as if they were civil partners,and for the purposes of sub-paragraph (d), two people of the same sex are to be regarded as living together as if they were civil partners if, but only if, they would be regarded as living together as husband and wife were they instead two people of the opposite sex;

• “course of study” means any course of study, whether or not it is a sandwich course and whether or not a grant is made for undertaking or attending it;

• “date of claim” means the date on which the claim is made, or treated as made, for the purposes of regulation 53 (time and manner in which claims are to be made);

• “the Decisions and Appeals Regulations” means the Housing Benefit and Council Tax Benefit (Decisions and Appeals) Regulations 2001 ;

• “designated authority” means any of the following—the Secretary of State;a person providing services to the Secretary of State;a local authority;a person providing services to, or authorised to exercise any functions of, any such authority;

• “designated office” means the office designated by the relevant authority for the receipt of claims to council tax benefit—by notice upon or with a form approved by it for the purpose of claiming council tax benefit; orby reference upon or with such a form to some other document available from it and sent by electronic means or otherwise on application and without charge; orby any combination of the provisions set out in sub-paragraphs (a) and (b) above;

• “disability living allowance” means a disability living allowance under section 71 of the Act;

• “dwelling” has the same meaning in section 3 or 72 of the 1992 Act;

• “earnings” has the meaning prescribed in regulation 25 or, as the case may be, 28;

• “the Eileen Trust” means the charitable trust of that name established on 29th March 1993 out of funds provided by the Secretary of State for the benefit of persons eligible for payment in accordance with its provisions;

• “electronic communication” has the same meaning as in section 15(1) of the 2000 Act;

• “employed earner” is to be construed in accordance with section 2(1)(a) of the Act and also includes a person who is in receipt of a payment which is payable under any enactment having effect in Northern Ireland and which corresponds to statutory sick pay or statutory maternity pay;

• “Employment and Support Allowance Regulations” means the Employment and Support Allowance Regulations 2008;

• “enactment” includes an enactment comprised in, or in an instrument made under, an Act of the Scottish Parliament;

• “extended payment (qualifying contributory benefits)” means a payment of council tax benefit payable pursuant to regulation 44 of these Regulations or regulation 61 of the Council Tax Benefit Regulations 2006;

• “extended payment period” means the period for which an extended payment is payable in accordance with regulation 44A of these Regulations or regulation 60A or 61A of the Council Tax Benefit Regulations 2006;

• “family” has the meaning assigned to it by section 137(1) of the Act;

• “the Fund” means moneys made available from time to time by the Secretary of State for the benefit of persons eligible for payment in accordance with the provisions of a scheme established by him on 24th April 1992 or, in Scotland, on 10th April 1992;

• ...

• “the Graduated Retirement Benefit Regulations” means the Social Security (Graduated Retirement Benefit) Regulations 2005;

• “guarantee credit” is to be construed in accordance with sections 1 and 2 of the State Pension Credit Act;

• “a guaranteed income payment” means a payment made under article 14(1)(b) or article 21(1)(a) of the Armed Forces and Reserve Forces (Compensation Scheme) Order 2005 ;

• “housing benefit” means housing benefit under Part 7 of the Act;

• “the Housing Benefit Regulations” means the Housing Benefit Regulations 2006 ;

• “Immigration and Asylum Act” means the Immigration and Asylum Act 1999 ;

• “an income-based jobseeker's allowance” and “a joint-claim jobseeker's allowance” have the same meaning as they have in the Jobseekers Act by virtue of section 1(4) of that Act;

• “income-related employment and support allowance” means an income-related allowance under Part 1 of the Welfare Reform Act;

• “Income Support Regulations” means the Income Support (General) Regulations 1987 ;

• “independent hospital”—in England, means a hospital as defined by section 275 of the National Health Service Act 2006 that is not a health service hospital as defined by that section;in Wales, has the meaning assigned to it by section 2 of the Care Standards Act 2000; and in Scotland, means an independent health care service as defined in section10F(1)(a) and (b) of the National Health Service (Scotland) Act 1978;

• ...

• “the Independent Living Fund (2006)” means the Trust of that name established by a deed dated 10th April 2006 and made between the Secretary of State for Work and Pensions of the one part and Margaret Rosemary Cooper, Michael Beresford Boyall and Marie Theresa Martin of the other part;

• ...

• ...

• ...

• “invalid carriage or other vehicle” means a vehicle propelled by petrol engine or by electric power supplied for use on the road and to be controlled by the occupant;

• “Jobseekers Act” means the Jobseekers Act 1995 ;

• “Jobseeker's Allowance Regulations” means the Jobseeker's Allowance Regulations 1996 ;

• “The London Bombings Relief Charitable Fund” means the company limited by guarantee (number 5505072) and registered charity of that name established on 11th July 2005 for the purpose of (amongst other things) relieving sickness, disability or financial need of victims (including families or dependants of victims) of the terrorist attacks carried out in London on 7th July 2005;

• “lone parent” means a person who has no partner and who is responsible for and a member of the same household as a child or young person;

• ......

• “the Macfarlane (Special Payments) Trust” means the trust of that name, established on 29th January 1990 partly out of funds provided by the Secretary of State, for the benefit of certain persons suffering from haemophilia;

• “the Macfarlane (Special Payments) (No. 2) Trust” means the trust of that name, established on 3rd May 1991 partly out of funds provided by the Secretary of State, for the benefit of certain persons suffering from haemophilia and other beneficiaries;

• “the Macfarlane Trust” means the charitable trust, established partly out of funds provided by the Secretary of State to the Haemophilia Society, for the relief of poverty or distress among those suffering from haemophilia;

• “main phase employment and support allowance” means an employment and support allowance where the calculation of the amount payable in respect of the claimant includes a component under section 2(1)(b) or 4(2)(b) of the Welfare Reform Act;

• “maternity leave” means a period during which a woman is absent from work because she is pregnant or has given birth to a child, and at the end of which she has a right to return to work either under the terms of her contract of employment or under Part 8 of the Employment Rights Act 1996 ;

• “member of a couple” means a member of a married or unmarried couple;

• “MFET Limited” means the company limited by guarantee (number 7121661) of that name, established for the purpose in particular of making payments in accordance with arrangements made with the Secretary of State to persons who have acquired HIV as a result of treatment by the NHS with blood or blood products;

• “mobility supplement” means a supplement to which paragraph 5(1)(a)(v) of Schedule 2 refers;

• “mover” means a claimant who changes the dwelling in which the claimant is resident and in respect of which the claimant is liable to pay council tax from a dwelling in the area of the appropriate authority to a dwelling in the area of the second authority;

• “net earnings” means such earnings as are calculated in accordance with regulation 26;

• “net profit” means such profit as is calculated in accordance with regulation 29;

• “new dwelling” means, for the purposes of the definition of “second authority” and regulations 44C, 81 and 82, the dwelling to which a claimant has moved, or is about to move, in which the claimant is or will be resident;

• “non-dependant” has the meaning prescribed in regulation 3;

• “non-dependant deduction” means a deduction that is to be made under regulation 42;

• “occupational pension” means any pension or other periodical payment under an occupational pension scheme but does not include any discretionary payment out of a fund established for relieving hardship in particular cases;

• “partner” means—where a claimant is a member of a couple, the other member of that couple; orwhere a claimant is polygamously married to two or more members of his household, any such member to whom he is married;

• “paternity leave” means a period of absence from work on ordinary paternity leave by virtue of sections 80A or 80B of the Employment Rights Act 1996 or on additional paternity leave by virtue of sections 80AA or 80BB of that Act;

• “payment” includes part of a payment;

• “pension fund holder” means with respect to a personal pension scheme or an occupational pension scheme, the trustees, managers or scheme administrators, as the case may be, of the scheme ... concerned;

• “person affected” shall be construed in accordance with regulation 3 of the Decisions and Appeals Regulations;

• “person on income support” means a person in receipt of income support;

• “person on state pension credit” means a person in receipt of state pension credit;

• “personal pension scheme” means—a personal pension scheme as defined by section 1 of the Pension Schemes Act 1993;an annuity contract or trust scheme approved under section 620 or 621 of the Income and Corporation Taxes Act 1988 or a substituted contract within the meaning of section 622(3) of that Act which is treated as having become a registered pension scheme by virtue of paragraph 1(1)(f) of Schedule 36 to the Finance Act 2004;a personal pension scheme approved under Chapter 4 of Part 14 of the Income and Corporation Taxes Act 1988 which is treated as having become a registered pension scheme by virtue of paragraph 1(1)(g) of Schedule 36 to the Finance Act 2004;

• “policy of life insurance” means any instrument by which the payment of money is assured on death (except death by accident only) or by the happening of any contingency dependent on human life, or any instrument evidencing a contract which is subject to payment of premiums for a term dependent on human life;

• “polygamous marriage” means any marriage to which section 133(1) of the Act refers;