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The Community Charge Benefits (General) Regulations 1989

S.I. 1989/1321 · Made 28 July 1989 · Extends to England, Wales and Scotland

Up to date with all changes known to legislation.gov.uk, revised to 25 May 1993.

SOCIAL SECURITY

Made 28th July 1989

Coming into force

(a) for the purposes of regulations 1, 59 to 63, 92 and 93 11th August 1989

(b) for all other purposes 1st April 1990

Whereas a draft of this instrument was laid before Parliament in accordance with section 83(3) of the Social Security Act 1986 and approved by resolution of each House of Parliament–

Now therefore the Secretary of State for Social Security in exercise of powers conferred by sections 20(1)(d), (8F)(b), (9), (11), (12)(c), (k) and (l), 21(6)(c) and (7), 22, 22A(1), (4) to (8), 22B(3) and (4), 31A(1), (3) and (9), 31B(6)(b), 31C(1) to (3), 31D(1), (2), (3)(c), (4), (5)(b), (6) and (8), 31E(1) and (2), 31G(1) and (2), 51A(1)(a) to (c), (g) to (k), (kk), (l), (n), (o) and (oo) and 84(1) of the Social Security Act 1986f1 and sections 165A(1) and 166(1) to (3A) of the Social Security Act 1975f2 and of all other powers enabling him in that behalf, after consultation with organisations appearing to him to be representative of the authorities concernedf3 and after reference to the Social Security Advisory Committeef4, hereby makes the following Regulations:–

Annotations to the whole text

Footnotes

f1

1986 c. 50; sections 20(1)(d) and (8F), 21(6)(c), 22A, 22B, 31A to 31G and 51A were inserted in the Social Security Act 1986 by Schedule 10 of the Local Government Finance Act 1988 (c. 41); section 20(11) was amended by the 1988 Act Schedule 10 paragraph 2(5); section 22(8A) was inserted by the 1988 Act Schedule 10 paragraph 4(3); sections 22B and 31D were amended and paragraphs (kk) and (oo) were inserted in section 51A(1) by the Social Security Act 1989 (c. 24) Schedule 8 paragraph 9; and section 84(1) is cited because of the meaning assigned to the words “prescribed” and “regulations”.

f2

1975 c. 14; section 165A(1) was substituted by the Social Security Act 1986 Schedule 10 paragraph 87 and amended by the Social Security Act 1989 (c. 24) Schedule 8 paragraph 9; the section was extended to income related benefits by the 1986 Act Schedule 10 paragraph 48; section 166(3) was amended by the Social Security Act 1989 Schedule 8 paragraph 10, subsection (3A) was inserted by the Social Security Act 1986 section 62(1) and the section is applied by section 83(1) of the 1986 Act.

f3

See section 61(7) of the Social Security Act 1986 which was amended by the Local Government Finance Act 1988 (c. 41) Schedule 10 paragraph 10.

f4

See sections 9 and 10 of the Social Security Act 1980 (c. 30); section 9 was amended by the Social Security and Housing Benefits Act 1982 (c. 24) Schedule 4 paragraph 30 and by the Social Security Act 1986 (c. 50) Schedule 10 paragraph 103(b)(i); section 10 was amended by the Social Security Act 1986 (c. 50) Schedule 10 paragraph 98(a) and Schedule 11 and by the Social Security Act 1989 (c. 24) Schedule 8 paragraph 12(5).

Contents

  1. Part I: GENERAL
  2. 1Citation and commencement
  3. 2Interpretation
  4. 3Remunerative work
  5. Part II: MEMBERSHIP OF A FAMILY
  6. 4Persons of prescribed description
  7. 5Circumstances in which a person is to be treated as responsible or not responsible for another
  8. 6Circumstances in which a person is to be treated as being or not being a member of the household
  9. Part III: APPLICABLE AMOUNTS
  10. 7Applicable amounts
  11. 8Polygamous marriages
  12. 9Patients
  13. Part IV: INCOME AND CAPITAL
  14. general
  15. 10Calculation of income and capital of members of claimant’s family and of a polygamous marriage
  16. 11Amendment of section 31B(6) of the Act
  17. income
  18. 12Calculation of income on a weekly basis
  19. 13Average weekly earnings of employed earners
  20. 14Average weekly earnings of self-employed earners
  21. 15Average weekly income other than earnings
  22. 16Calculation of weekly income
  23. 17Disregard of changes in tax, contributions etc
  24. employed earners
  25. 18Earnings of employed earners
  26. 19Calculation of net earnings of employed earners
  27. self-employed earners
  28. 20Earnings of self-employed earners
  29. 21Calculation of net profit of self-employed earners
  30. 22Deduction of tax and contributions for self-employed earners
  31. other income
  32. 23Calculation of income other than earnings
  33. 24Capital treated as income
  34. 25Notional income
  35. 26Modifications in respect of child and young person
  36. capital
  37. 27Capital limit
  38. 28Calculation of capital
  39. 29Disregard of capital of child or young person
  40. 30Income treated as capital
  41. 31Calculation of capital in the United Kingdom
  42. 32Calculation of capital outside the United Kingdom
  43. 33Notional Capital
  44. 33ADiminishing notional capital rule
  45. 34Capital jointly held
  46. 35Calculation of tariff income from capital
  47. Part V: STUDENTS
  48. general
  49. 36Interpretation
  50. 37Treatment of students
  51. income
  52. 38Calculation of grant income
  53. 39Calculation of covenant income where a contribution is assessed
  54. 40Covenant income where no grant income or no contribution is assessed
  55. 41Relationship with amounts to be disregarded under Schedule 3
  56. 42Other amounts to be disregarded
  57. 42ATreatment of student loans
  58. 43Disregard of contribution
  59. 44Income treated as capital
  60. 45Disregard of changes occurring during summer vacation
  61. Part VI: AMOUNT OF BENEFIT
  62. 46Maximum community charge benefit
  63. 47Entitlement to more than one community charge benefit
  64. 48Community charge benefits taper
  65. 49Amount of community charge benefits for members of a couple
  66. 50Amount of community charge benefits for members of a polygamous marriage
  67. 51Amount of community charge benefits for partners of registered students
  68. 52Minimum community charge benefit Repealed
  69. Part VII: BENEFIT PERIODS, CHANGES OF CIRCUMSTANCES AND CALCULATION OF WEEKLY AMOUNTS
  70. 53Date on which entitlement is to begin
  71. 54Benefit period
  72. 55Date on which benefit period is to end
  73. 56Date on which change of circumstances is to take effect
  74. 57Rounding of fractions
  75. 58Increases of weekly amounts for exceptional circumstances
  76. Part VIII: CLAIMS
  77. 59Who may claim
  78. 60Time and manner in which claims are to be made
  79. 61Evidence and information
  80. 62Amendment and withdrawal of claim
  81. 63Duty to notify changes of circumstances
  82. Part IX: DETERMINATION OF QUESTIONS
  83. 64Who is to make a determination
  84. 65Notification of determinations
  85. 66Time and manner of making notifications, requests or representations
  86. 67Review of determinations
  87. 68Requests for statement of reasons Repealed
  88. 69Further review of determinations
  89. 70Procedure on further review
  90. 71Decisions upon further review
  91. 72Effect of revising a determination
  92. 73Correction of accidental errors in determinations and decisions
  93. 74Setting aside of determinations and decisions on certain grounds
  94. 75Provisions common to regulations 73 and 74
  95. Part X: AWARDS OR PAYMENTS OF BENEFIT
  96. 76Time and manner of granting community charge benefit in respect of personal community charges in Scotland
  97. 76ATime and manner of granting community charge benefit in respect of personal community charges in England and Wales
  98. 77Time and manner of granting community charge benefit in respect of collective community charge contributions
  99. 78Person to whom benefit is to be paid
  100. 79Shortfall in benefits
  101. 80Withholding of benefit
  102. 81Payment on death of the person entitled
  103. 82Offsetting
  104. Part XI: EXCESS BENEFITS
  105. 83Meaning of excess benefits
  106. 84Recoverable excess benefits
  107. 85Authority by which recovery may be made
  108. 86Person from whom recovery may be sought
  109. 87Methods of recovery
  110. 88Further provision as to recovery of excess benefits
  111. 89Diminution of capital
  112. 90Sums to be deducted in calculating recoverable excess benefits
  113. 91Recovery of excess benefits from prescribed benefits
  114. Part XII: INFORMATION
  115. 92Information to be supplied by the Secretary of State to an appropriate authority
  116. 93Information to be supplied by an appropriate authority to the Secretary of State
  117. Signature
  118. Schedule 1: APPLICABLE AMOUNTS
  119. Part I: personal allowances
  120. 1Paragraph 1
  121. 2Paragraph 2
  122. Part II: FAMILY PREMIUM
  123. 3Paragraph 3
  124. Part III: PREMIUMS
  125. 4Paragraph 4
  126. 5Paragraph 5
  127. 6Paragraph 6
  128. 7Paragraph 7
  129. 8Lone Parent Premium
  130. 9Pensioner Premium for persons under 75
  131. 10Pensioner Premium for persons 75 and over
  132. 11Higher Pensioner Premium
  133. 12Disability Premium
  134. 13Additional Condition for the Higher Pensioner and Disability Premiums
  135. 14Severe Disability Premium
  136. 15Disabled Child Premium
  137. 15ACarer premium
  138. 16Persons in receipt of concessionary payments
  139. 16APerson in receipt of benefit for another
  140. IVAMOUNTS OF PREMIUMS SPECIFIED IN PART III
  141. Schedule 2: SUMS TO BE DISREGARDED IN THE CALCULATION OF EARNINGS
  142. 1Paragraph 1
  143. 2Paragraph 2
  144. 3Paragraph 3
  145. 4Paragraph 4
  146. 5Paragraph 5
  147. 6Paragraph 6
  148. 7Paragraph 7
  149. 8Paragraph 8
  150. 9Paragraph 9
  151. 10Paragraph 10
  152. 11Paragraph 11
  153. 12Paragraph 12
  154. 13Paragraph 13
  155. 14Paragraph 14
  156. 15Paragraph 15
  157. Schedule 3: SUMS TO BE DISREGARDED IN THE CALCULATION OF INCOME OTHER THAN EARNINGS
  158. 1Paragraph 1
  159. 2Paragraph 2
  160. 3Paragraph 3
  161. 4Paragraph 4
  162. 5Paragraph 5
  163. 6Paragraph 6
  164. 7Paragraph 7
  165. 8Paragraph 8
  166. 9Paragraph 9
  167. 10Paragraph 10
  168. 11Paragraph 11
  169. 12Paragraph 12
  170. 13Paragraph 13
  171. 14Paragraph 14
  172. 15Paragraph 15
  173. 16Paragraph 16
  174. 17Paragraph 17
  175. 18Paragraph 18
  176. 19Paragraph 19
  177. 20Paragraph 20
  178. 21Paragraph 21
  179. 22Paragraph 22
  180. 23Paragraph 23
  181. 24Paragraph 24
  182. 25Paragraph 25
  183. 26Paragraph 26
  184. 27Paragraph 27
  185. 28Paragraph 28
  186. 29Paragraph 29
  187. 30Paragraph 30
  188. 31Paragraph 31
  189. 32Paragraph 32
  190. 33Paragraph 33
  191. 34Paragraph 34
  192. 35Paragraph 35
  193. 36Paragraph 36
  194. 37Paragraph 37
  195. 38Paragraph 38
  196. 39Paragraph 39
  197. 40Paragraph 40
  198. 41Paragraph 41
  199. 42Paragraph 42
  200. 43Paragraph 43
  201. 44Paragraph 44
  202. 45Paragraph 45
  203. 46Paragraph 46
  204. 47Paragraph 47
  205. 48Paragraph 48
  206. Schedule 4: CAPITAL TO BE DISREGARDED
  207. 1Paragraph 1
  208. 2Paragraph 2
  209. 3Paragraph 3
  210. 4Paragraph 4
  211. 5Paragraph 5
  212. 6Paragraph 6
  213. 7Paragraph 7
  214. 8Paragraph 8
  215. 9Paragraph 9
  216. 10Paragraph 10
  217. 11Paragraph 11
  218. 12Paragraph 12
  219. 13Paragraph 13
  220. 14Paragraph 14
  221. 15Paragraph 15
  222. 16Paragraph 16
  223. 17Paragraph 17
  224. 18Paragraph 18
  225. 19Paragraph 19
  226. 20Paragraph 20
  227. 21Paragraph 21
  228. 22Paragraph 22
  229. 23Paragraph 23
  230. 24Paragraph 24
  231. 25Paragraph 25
  232. 26Paragraph 26
  233. 27Paragraph 27
  234. 28Paragraph 28
  235. 29Paragraph 29
  236. 30Paragraph 30
  237. 31Paragraph 31
  238. 32Paragraph 32
  239. 33Paragraph 33
  240. 34Paragraph 34
  241. 35Paragraph 35
  242. 36Paragraph 36
  243. 37Paragraph 37
  244. 38Paragraph 38
  245. 39Paragraph 39
  246. 40Paragraph 40
  247. 41Paragraph 41
  248. 42Paragraph 42
  249. 43Paragraph 43
  250. Schedule 5: MATTERS TO BE INCLUDED IN THE NOTICE OF DETERMINATION
  251. Part I: GENERAL
  252. 1Paragraph 1
  253. 2Paragraph 2
  254. 3Paragraph 3
  255. 4Paragraph 4
  256. 5Paragraph 5
  257. 6Paragraph 6
  258. 7Paragraph 7
  259. 8Paragraph 8
  260. Part II: AWARDS WHERE INCOME SUPPORT IS PAYABLE
  261. 9Paragraph 9
  262. Part III: AWARDS WHERE NO INCOME SUPPORT IS PAYABLE
  263. 10Paragraph 10
  264. Part IV: CASES WHERE BENEFIT IS ALLOWED OR PAID DIRECT TO CHARGE PAYERS
  265. 11Paragraph 11
  266. Part V: NOTICE WHERE NO AWARD IS MADE
  267. 12Paragraph 12
  268. Part VI: NOTICE WHERE RECOVERABLE EXCESS BENEFITS
  269. 13Paragraph 13
  270. Schedule 6: CONSTITUTION OF REVIEW BOARDS
  271. 1Paragraph 1
  272. 2Paragraph 2
  273. Explanatory note