The Council Tax Benefit (General) Regulations 1992
S.I. 1992/1814 · Made 20 July 1992 · Extends to England, Wales and Scotland
SOCIAL SECURITY
Made 20th July 1992
Coming into force
(a) for the purposes of regulations 1, 2, 61 to 65, 92 and 93 17th August 1992
(b) for all other purposes 1st April 1993
Whereas a draft of this instrument was laid before Parliament in accordance with the Local Government Finance Act 1992, Schedule 9, paragraphs 11 and 26 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 123(1)(e), 131(1) to (3), (5), (7) and (10), 132(1), (3), (4), (7) and (8), 133(3) and (4), 134(1) 135(1), (2) and (6), 136, 137(1), (2)(c) to (f), (1) and (m), and 175(3), (4) and (6) of the Social Security Contributions and Benefits Act 1992f1 sections 1(1), 6(1)(a) to (e), (f) to (m), (o) to (p) and (u), 63, 76(1) to (3), (6) and (8), 77(1), 128(1) and (2), 138(1) and (9), 139(6)(b) and 189(4) to (6) of the Social Security Administration Act 1992f2 as they have effect with respect to council tax benefit by virtue of section 103 and Schedule 9 to the Local Government Finance Act 1992f3 and of all other powers enabling him in that behalf by this instrument, which contains only provisions consequential on the Local Government Finance Act 1992 and is made before the end of the period of 6 months from the coming into force of that enactment and after consultation with organisations appearing to him to be representative of the authorities concernedf4, hereby makes the following Regulations—
Annotations to the whole text
Footnotes
- f1
- f2
- f3
- f4
-
See section 176(1) of the Social Security Administration Act 1992, which was amended by the Local Government Finance Act 1992, Schedule 9 paragraph 23.
Contents
- Part I: General
- 1Citation and commencement
- 2Interpretation
- 3Definition of non-dependant
- 4Remunerative work
- Part II: Membership of a family
- 5Persons of prescribed description for the definition of family in section 137(1) of the Contributions and Benefits Act 1992
- 6Circumstances in which a person is to be treated as responsible or not responsible for another
- 7Circumstances in which a person is to be treated as being or not being a member of the household
- Part III: Applicable amounts
- 8Applicable amounts
- 9Polygamous marriages
- 10Patients
- Part IV: Income and Capital
- General
- 11Calculation of income and capital of members of claimant’s family and of a polygamous marriage
- 12Circumstances in which income of non-dependant is to be treated as claimant's
- Income
- 13Calculation of income on a weekly basis
- 14Average weekly earnings of employed earners
- 15Average weekly earnings of self-employed earners
- 16Average weekly income other than earnings
- 17Calculation of weekly income
- 18Disregard of changes in tax, contributions etc
- Employed Earners
- 19Earnings of employed earners
- 20Calculation of net earnings of employed earners
- Self-Employed Earners
- 21Earnings of self-employed earners
- 22Calculation of net profit of self-employed earners
- 23Deduction of tax and contributions for self-employed earners
- Other Income
- 24Calculation of income other than earnings
- 25Capital treated as income
- 26Notional income
- 27Modifications in respect of child or young person
- Capital
- 28Capital limit
- 29Calculation of capital
- 30Disregard of capital of child or young person
- 31Income treated as capital
- 32Calculation of capital in the United Kingdom
- 33Calculation of capital outside the United Kingdom
- 34Notional Capital
- 35Diminishing notional capital rule
- 36Capital jointly held
- 37Calculation of tariff income from capital
- Part V: Students
- General
- 38Interpretation
- 39Treatment of students
- 40Students who are excluded from entitlement to council tax benefit
- 41Further provision with respect to students entering the United Kingdom from abroad
- Income
- 42Calculation of grant income
- 43Calculation of covenant income where a contribution is assessed
- 44Covenant income where no grant income or no contribution is assessed
- 45Relationship with amounts to be disregarded under Schedule 4
- 46Other amounts to be disregarded
- 47Treatment of student loans
- 48Disregard of contribution
- 49Income treated as capital
- 50Disregard of changes occurring during summer vacation
- Part VI: Amount of Benefit
- 51Maximum council tax benefit
- 52Non-dependant deductions
- 53Council tax benefit taper
- 54Alternative maximum council tax benefit
- 55Residents of a dwelling to whom section 131(6) of the Contributions and Benefits Act 1992 does not apply
- Part VII: Benefit periods, changes of circumstances and increases for exceptional circumstances
- 56Date on which entitlement is to begin
- 57Benefit period
- 58Date on which benefit period is to end
- 59Date on which change of circumstances is to take effect
- 60Increases of weekly amounts for exceptional circumstances
- Part VIII: Claims
- 61Who may claim
- 62Time and manner in which claims are to be made
- 63Evidence and information
- 64Amendment and withdrawal of claim
- 65Duty to notify changes of circumstances
- Part IX: Determination of Questions
- 66Who is to make a determination
- 67Notification of determinations
- 68Time and manner of making notifications, requests or representations
- 69Review of determinations
- 70Further review of determinations
- 71Procedure on further review
- 72Decisions upon further review
- 73Effect of revising a determination
- 74Correction of accidental errors in determinations and decisions
- 75Setting aside of determinations and decisions on certain grounds
- 76Provisions common to regulations 74 and 75
- Part X: Awards or payments of benefit
- 77Time and manner of granting council tax benefit
- 78Person to whom benefit is to be paid
- 79Shortfall in benefit
- 80Withholding of benefit
- 81Payment on death of the person entitled
- 82Offsetting
- Part XI: Excess benefit
- 83Meaning of excess benefit
- 84Recoverable excess benefit
- 85Authority by which recovery may be made
- 86Person from whom recovery may be sought
- 87Methods of recovery
- 88Further provision as to recovery of excess benefit
- 89Diminution of capital
- 90Sums to be deducted in calculating recoverable excess benefit
- 91Recovery of excess benefit from prescribed benefits
- Part XII: Information
- 92Information to be supplied by the Secretary of State to an appropriate authority
- 93Information to be supplied by an appropriate authority to the Secretary of State
- Signature
- Schedule 1: APPLICABLE AMOUNTS
- Part I: PERSONAL ALLOWANCES
- 1Paragraph 1
- 2Paragraph 2
- Part II: FAMILY PREMIUM
- 3Paragraph 3
- Part III: PREMIUMS
- 4Paragraph 4
- 5Paragraph 5
- 6Paragraph 6
- 7Paragraph 7
- 8Lone Parent Premium
- 9Pensioner Premium for persons under 75
- 10Pensioner Premium for persons 75 and over
- 11Higher Pensioner Premium
- 12Disability Premium
- 13Additional Condition for the Higher Pensioner and Disability Premiums
- 14Severe Disability Premium
- 15Disabled Child Premium
- 16Carer Premium
- 17Persons in receipt of concessionary payments
- 18Person in receipt of benefit for another
- IVAMOUNTS OF PREMIUMS SPECIFIED IN PART III
- Schedule 2: AMOUNT OF ALTERNATIVE MAXIMUM COUNCIL TAX BENEFIT
- 1Paragraph 1
- 2Paragraph 2
- 3Paragraph 3
- Schedule 3: SUMS TO BE DISREGARDED IN THE CALCULATION OF EARNINGS
- 1Paragraph 1
- 2Paragraph 2
- 3Paragraph 3
- 4Paragraph 4
- 4AParagraph 4A
- 4BParagraph 4B
- 5Paragraph 5
- 6Paragraph 6
- 7Paragraph 7
- 8Paragraph 8
- 9Paragraph 9
- 10Paragraph 10
- 11Paragraph 11
- 12Paragraph 12
- 13Paragraph 13
- 14Paragraph 14
- 15Paragraph 15
- Schedule 4: SUMS TO BE DISREGARDED IN THE CALCULATION OF INCOME OTHER THAN EARNINGS
- 1Paragraph 1
- 2Paragraph 2
- 3Paragraph 3
- 4Paragraph 4
- 5Paragraph 5
- 6Paragraph 6
- 7Paragraph 7
- 8Paragraph 8
- 9Paragraph 9
- 10Paragraph 10
- 11Paragraph 11
- 12Paragraph 12
- 13Paragraph 13
- 14Paragraph 14
- 15Paragraph 15
- 16Paragraph 16
- 17Paragraph 17
- 18Paragraph 18
- 19Paragraph 19
- 20Paragraph 20
- 21Paragraph 21
- 22Paragraph 22
- 23Paragraph 23
- 24Paragraph 24
- 25Paragraph 25
- 26Paragraph 26
- 27Paragraph 27
- 28Paragraph 28 Repealed
- 29Paragraph 29
- 30Paragraph 30
- 31Paragraph 31
- 32Paragraph 32
- 33Paragraph 33
- 34Paragraph 34
- 35Paragraph 35
- 36Paragraph 36
- 37Paragraph 37
- 38Paragraph 38
- 39Paragraph 39
- 40Paragraph 40
- 41Paragraph 41
- 42Paragraph 42
- 43Paragraph 43
- 44Paragraph 44
- 45Paragraph 45
- 46Paragraph 46
- 47Paragraph 47
- 48Paragraph 48
- 49Paragraph 49
- 50Paragraph 50
- Schedule 5: CAPITAL TO BE DISREGARDED
- 1Paragraph 1
- 2Paragraph 2
- 3Paragraph 3
- 4Paragraph 4
- 5Paragraph 5
- 6Paragraph 6
- 7Paragraph 7
- 8Paragraph 8
- 9Paragraph 9
- 10Paragraph 10
- 11Paragraph 11
- 12Paragraph 12
- 13Paragraph 13
- 14Paragraph 14
- 15Paragraph 15
- 16Paragraph 16
- 17Paragraph 17
- 18Paragraph 18
- 19Paragraph 19
- 20Paragraph 20
- 21Paragraph 21
- 22Paragraph 22
- 23Paragraph 23
- 24Paragraph 24
- 25Paragraph 25
- 26Paragraph 26
- 27Paragraph 27
- 28Paragraph 28
- 29Paragraph 29
- 30Paragraph 30
- 31Paragraph 31
- 32Paragraph 32
- 33Paragraph 33
- 34Paragraph 34
- 35Paragraph 35
- 36Paragraph 36
- 37Paragraph 37
- 38Paragraph 38
- 39Paragraph 39
- 40Paragraph 40
- 41Paragraph 41
- 42Paragraph 42
- 43Paragraph 43
- 44Paragraph 44
- 45Paragraph 45
- Schedule 6: MATTERS TO BE INCLUDED IN THE NOTICE OF DETERMINATION
- Part I: GENERAL
- 1Paragraph 1
- 2Paragraph 2
- 3Paragraph 3
- 4Paragraph 4
- 5Paragraph 5
- 6Paragraph 6
- 7Paragraph 7
- 8Paragraph 8
- Part II: AWARDS WHERE INCOME SUPPORT IS PAYABLE
- 9Paragraph 9
- Part III: AWARDS WHERE NO INCOME SUPPORT IS PAYABLE
- 10Paragraph 10
- Part IV: NOTICE WHERE INCOME OF NON-DEPENDANT IS TREATED AS CLAIMANT'S INCOME
- 11Paragraph 11
- Part V: NOTICE WHERE NO AWARD IS MADE
- 12Paragraph 12
- Part VI: AWARDS WHERE ALTERNATIVE MAXIMUM COUNCIL TAX BENEFIT IS PAYABLE IN RESPECT OF A DAY
- 13Paragraph 13
- 14Notice where no award of alternative maximum council tax benefit is made
- 15Notice where council tax benefit is awarded and section 131(9) of the Contributions and Benefits Act 1992 applies
- Part VII: NOTICE WHERE THERE IS RECOVERABLE EXCESS BENEFIT
- 16Paragraph 16
- Schedule 7: CONSTITUTION OF REVIEW BOARDS
- 1Paragraph 1
- 2Paragraph 2
- Explanatory note