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The Council Tax Benefit Abolition (Consequential Provision) Regulations 2013

S.I. 2013/458 · Made 28 February 2013 · Extends to United Kingdom

Up to date with all changes known to legislation.gov.uk, revised to 1 April 2026.

Social Security

Made 28th February 2013

Laid before Parliament 5th March 2013

Coming into force 1st April 2013

The Secretary of State for Work and Pensions makes the following Regulations in exercise of the powers conferred by section 32 of the Welfare Reform Act 2012f1.

Annotations to the whole text

Footnotes

f1

2012 c.5. The power in section 32 is vested in “the appropriate authority”. By virtue of section 32(2) and (3), the Secretary of State is “the appropriate authority” except where provision would be within the legislative competence of the National Assembly for Wales (were it contained within an Act of the Assembly) or could be made by the Welsh Ministers under any other power conferred on them.

Contents

  1. 1Citation and commencement
  2. 2Extent and application
  3. 3Revocations
  4. 4Consequential amendments
  5. Signature
  6. Schedule 1Revocations
  7. Schedule 2: Consequential amendments
  8. 1The Income Support (General) Regulations 1987
  9. 2The Social Security (Claims and Payments) Regulations 1987
  10. 3The Jobseeker’s Allowance Regulations 1996
  11. 4The Child Support Departure Direction and Consequential Amendments Regulations 1996
  12. 5The Child Support (Variations) Regulations 2000
  13. 6The State Pension Credit Regulations 2002
  14. 7The National Health Service (Travel Expenses and Remission of Charges) Regulations 2003
  15. 8The Employment and Support Allowance Regulations 2008
  16. Explanatory note

1Citation and commencementI1

These Regulations may be cited as the Council Tax Benefit Abolition (Consequential Provision) Regulations 2013 and come into force on 1st April 2013.

2Extent and applicationI1

(1)

Subject to paragraph (2), each of the revocations and amendments made by these Regulations has the same extent and application as the provision revoked or amended.

(2)

The revocations in Schedule 1 in respect of the following Regulations apply in relation to England only—

(a)

the National Assistance (Assessment of Resources) Regulations 1992f1;

(b)

the Housing Renewal Grants Regulations 1996f2.

3RevocationsI1

The provisions specified in column 1 of Schedule 1 to these Regulations are revoked to the extent specified in column 3 of that Schedule.

4Consequential amendmentsI1

The amendments specified in Schedule 2 to these Regulations have effect.

Signature

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

Freud

Parliamentary Under-Secretary of State,

Department for Work and Pensions

28th February 2013

Schedule 1RevocationsI1

Statutory Instrument

Statutory Instrument Number

Extent of Revocation

The Income Support (General) Regulations 19871987/1967In Schedule 9, paragraph 52f1.
The Social Security (Claims and Payments) Regulations 19871987/1968

In regulations 4(6B)(b)(i) and (iv)f2, 4B(2)(a) and (b)f3, 4D(4)(a) and (d)f4, 4H(3)(a), (b) and (c)f5 and 32B(2)(a) and (d)f6, the words “or council tax benefit”.

In regulation 32ZZA(2)f7, the words “and the Council Tax Benefit Regulations 2006”.

The Child Support (Maintenance Assessments and Special Cases) Regulations 19921992/1815

In regulation 1(2), the definition of “council tax benefit”.

In regulation 11(1)(j)(i)f8, the words “, less any applicable council tax benefit”.

In regulation 11(1)(j)(ii), the words—

  1. (a)

    “, less any council tax benefit applicable to that share”;

  2. (b)

    “, less any council tax benefit applicable to such amount”.

In Schedule 2 paragraph 7, the words “or council tax benefit”.
The National Assistance (Assessment of Resources) Regulations 19921992/2977

In regulation 2(1), the definition of “council tax benefit”.

In Schedule 3, paragraph 28.

The Jobseeker’s Allowance Regulations 19961996/207

In regulation 24A(2)f9, the words “and the Council Tax Benefit Regulations 2006”.

In Schedule 7, paragraph 51.

The Social Security Benefit (Computation of Earnings) Regulations 19961996/2745

In Schedule 2, paragraph 8(a)f10—

  1. (a)

    the words, “either council tax benefit or”;

  2. (b)

    paragraph (ii)(aa);

  3. (c)

    the words, “either regulation 18(1)(c) of the Council Tax Benefit Regulations 2006 (treatment of child care charges) or, as the case may be,”.

The Housing Renewal Grants Regulations 19961996/2890

In regulation 2(1), the definition of “council tax benefit”.

Regulation 10(3)(a)(i)f11.

In Schedule 2 paragraph 12, the words “council tax benefit,”.

In Schedule 3—

  1. (a)

    in paragraph 4(a)f12, the words “council tax benefit,”;

  2. (b)

    paragraph 49f13.

In Schedule 4—

  1. (a)

    in paragraph 6(a), the words “council tax benefit,”;

  2. (b)

    paragraph 45.

The Social Security (Child Maintenance Bonus) Regulations 19961996/3195Regulation 14(b).
The Social Security (Immigration and Asylum) Consequential Amendments Regulations 20002000/636

In regulation 2—

  1. (a)

    in paragraphs (1) and (4)(a), the words “or council tax benefit”;

  2. (b)

    in paragraph (6), the words “, council tax benefit”.

The Discretionary Financial Assistance Regulations 20012001/1167

F1In regulation 2—

  1. (a)

    in paragraph (1)(a) the words, “council tax benefit or to both”;

  2. (b)

    in paragraph (1)(b), the words “or benefits”;

  3. (c)

    paragraph (3)(a).

In regulation 3—

  1. (a)

    in sub-paragraph (c), the words “in a case where the person is entitled to housing benefit but not council tax benefit”;

  2. (b)

    sub-paragraphs (d)f14 and (e).

In regulation 4—

  1. (a)

    in sub-paragraph (a)f15 the words, “, other than payments in respect of council tax,”;

  2. (b)

    sub-paragraph (b).

In regulation 5(2), the words

“council tax benefit or to both”.

In regulation 6—

  1. (a)

    in paragraph (1)(b)(i), the words “, as the case may be, council tax benefit”;

  2. (b)

    in paragraph (2), the words “or council tax benefit.”

The State Pension Credit Regulations 20022002/1792

Regulation 15(1)(m).

In Schedule 5, in paragraph 20A(4)f16 in paragraph (a) of the definition of “official error”, the words “or council tax benefit.”

The Housing Benefit Regulations 20062006/213

In regulation 109(3)f17, the words “or council tax benefit”.

In Schedule 5, paragraph 51f18.

The Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 20062006/214

Regulation 29(1)(j)(xii).

In regulation 90(3)f19 and in paragraph 5(2) and (3) of Schedule 4, the words “or council tax benefit”.

In Schedule 6, in paragraph 22(4) in paragraph (a) of the definition of “official error”, the words “or council tax benefit”.

The Housing Benefit and Council Tax Benefit (Electronic Communications) Order 20062006/2968Articles 4 and 5.
The Independent Living Fund (2006) Order 20072007/2538Articles 10 and 11.
The Employment and Support Allowance Regulations 20082008/794In Schedule 8, paragraph 65.
The Social Security (National Insurance Number Information: Exemption) Regulations 20092009/471Regulations 11 and 12.
The Welfare Reform Act 2009 (Section 26) (Consequential Amendments) Regulations 20102010/424Regulations 10 and 11.
The Housing and Regeneration Act 2008 (Consequential Provisions) (No. 2) Order 20102010/671In Schedule 1, paragraphs 62 and 63.
The Local Education Authorities and Children’s Services Authorities (Integration of Functions) (Local and Subordinate Legislation) Order 20102010/1172In Schedule 3, paragraph 65.
The Health and Social Care Act 2008 (Miscellaneous Consequential Amendments) Order 20102010/1881Articles 22 and 23.
The Apprenticeships, Skills, Children and Learning Act 2009 (Consequential Amendments to Subordinate Legislation) (England) Order 20102010/1941Articles 16 and 17.
The Adoption and Children (Scotland) Act 2007 (Consequential Modifications) Order 20112011/1740In Schedule 1, paragraphs 41 and 42.
The Public Services Reform (Scotland) Act 2010 (Consequential Modifications of Enactments) Order 20112011/2581In Schedule 2, paragraphs 53 and 54.
The Social Security (Electronic Communications) (No 2) Order 20112011/2943Articles 4 and 5.
The Young People’s Learning Agency Abolition (Consequential Amendments to Subordinate Legislation) (England) Order 20122012/956Articles 13 and 14.
The Social Security (Information-sharing in relation to Welfare Services etc.) Regulations 20122012/1483Regulation 6(1)(k).
The Treaty of Lisbon (Changes in Terminology or Numbering) Order 20122012/1809

In Part 2 of the Schedule in the table, the lines beginning—

  1. (a)

    “Council Tax Benefit Regulations 2006”;

  2. (b)

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

1The Income Support (General) Regulations 1987I1

In regulation 51A(3)(d) (diminishing notional capital rule) of the Income Support (General) Regulations 1987f1 for “has the same meaning as in regulation 2(1) of the Council Tax Benefit Regulations 2006 (interpretation)” substitute “means a period of 7 consecutive days beginning on a Monday and ending on a Sunday”.

2The Social Security (Claims and Payments) Regulations 1987I1

For regulation 33(1A) (persons unable to act) of the Social Security (Claims and Payments) Regulations 1987f1 substitute—

“(1A)

Where a person has been appointed under regulation 82(3) of the Housing Benefit Regulations 2006 or regulation 63(3) of the Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 2006 by a relevant authority within the meaning of those Regulations to act on behalf of another in relation to a benefit claim or award, the Secretary of State may, if the person agrees, treat him as if he had appointed him under paragraph (1).”.

3The Jobseeker’s Allowance Regulations 1996I1

In regulation 114(3)(c) (diminishing notional capital rule) of the Jobseeker’s Allowance Regulations 1996f1 for “has the same meaning as in regulation 2(1) of the Council Tax Benefit (General) Regulations 1992 (interpretation)” substitute “means a period of 7 consecutive days beginning on a Monday and ending on a Sunday”.

4The Child Support Departure Direction and Consequential Amendments Regulations 1996I1

In regulation 12 (meaning of “benefit” for the purposes of section 28E of the Act) of the Child Support Departure Direction and Consequential Amendments Regulations 1996f1 for “, housing benefit, and council tax benefit” substitute “and housing benefit”.

5The Child Support (Variations) Regulations 2000I1

In regulation 32 (meaning of “benefit” for the purposes of section 28E of the Act) of the Child Support (Variations) Regulations 2000f1 for “, housing benefit and council tax benefit” substitute “and housing benefit”.

6The State Pension Credit Regulations 2002I1

In regulation 22(3)(c) (diminishing notional capital rule) of the State Pension Credit Regulations 2002f1 for “has the same meaning as in regulation 2(1) of the Council Tax Benefit (General) Regulations 1992 (interpretation)” substitute “means a period of 7 consecutive days beginning on a Monday and ending on a Sunday”.

7The National Health Service (Travel Expenses and Remission of Charges) Regulations 2003I1

In regulation 17(1) (calculation of requirements) of the National Health Service (Travel Expenses and Remission of Charges) Regulations 2003f1 for sub-paragraph (b) substitute—

“(b)

the amount which represents the weekly amount of any housing benefit to which the claimant or any member of his family is entitled under the provisions of Part 7 of the Social Security Contributions and Benefits Act 1992.”.

8The Employment and Support Allowance Regulations 2008I1

In regulation 116(3)(c) (diminishing notional capital rule) of the Employment and Support Allowance Regulations 2008f1 for “has the same meaning as in regulation 2(1) of the Council Tax Benefit Regulations 2006 (interpretation)” substitute “means a period of 7 consecutive days beginning on a Monday and ending on a Sunday”.

Explanatory note

(This note is not part of the Regulations)

These Regulations make revocations and amendments consequential upon the abolition of council tax benefit.

Regulation 3 and Schedule 1 make provision for revocations.

Regulation 4 and Schedule 2 make consequential amendments.

A full impact assessment has not been produced for this instrument as it has no impact on the private sector or civil society organisations.