Regulation 13 Calculation of income on a weekly basisI1

England, Wales and Scotland

Changes not yet applied. Later legislation changes this provision in ways not yet written into the text below:

reg. 13(1A)(a) sum substituted by Social Security Benefits Up-rating 2005 art. 21(4)(a)
reg. 13(1A)(b) sum substituted by Social Security Benefits Up-rating 2005 art. 21(4)(b)
reg. 13-36 substituted for reg. 13-37 by Housing Benefit and Council Tax Benefit (State Pension Credit) 2003 reg. 17
reg. 13(1ZA)(b) words substituted by Social Security (Working Tax Credit and Child Tax Credit) 2003 Sch. 3 Pt. 2 para. 1
reg. 13(1A)(a) word substituted by Housing Benefit and Council Tax Benefit (General) 2001 reg. 3(a)
reg. 13(1A)(b) word substituted by Housing Benefit and Council Tax Benefit (General) 2001 reg. 3(b)
reg. 13(1)(c) sum substituted by Social Security Benefits Up-rating 1996 art. 22(4)
reg. 13(1)(a) words omitted by Housing Benefit and Council Tax Benefit (Abolition of Benefit Periods) 2004 reg. 6
reg. 13(1A)(a) sum substituted by Social Security Benefits Up-rating 2004 art. 21(4)(a)
reg. 13(1A)(b) sum substituted by Social Security Benefits Up-rating 2004 art. 21(4)(b)
reg. 13(a) sum substituted by Housing Benefit and Council Tax Benefit(General) 1999 reg. 3(a)
reg. 13(b) sum substituted by Housing Benefit and Council Tax Benefit(General) 1999 reg. 3(b)
reg. 13(1)(c) words inserted by Housing Benefit and Council Tax Benefit (General) 2000 reg. 3(a)
reg. 13(1ZA) inserted by Housing Benefit and Council Tax Benefit (General) 2000 reg. 3(b)
reg. 13(1) word omitted by Income-related Benefits Schemes 1994 reg. 2(3)(a)
reg. 13(1)(c) and word inserted by Income-related Benefits Schemes 1994 reg. 2(3)(b)
reg. 13(1)(c) words substituted by Income-related Benefits 1997 reg. 2(2)(a)
reg. 13(1A) inserted by Income-related Benefits 1997 reg. 2(3)
reg. 13(1A)(a) sum confirmed by Social Security Benefits Up-rating 2006 art. 21(2)(a)
reg. 13(1A)(b) sum confirmed by Social Security Benefits Up-rating 2006 art. 21(2)(b)
reg.13(1)(c) amended by Social Security Benefits Up-rating 1996 art.22(4)

(1)

Subject to regulation 18 (disregard of changes in tax, contributions etc), for the purposes of section 131(5) of the Contributions and Benefits Act 1992 (conditions of entitlement to council tax benefit) the income of a claimant shall be calculated on a weekly basis—

(a)

by estimating the amount which is likely to be his average weekly income over the benefit period in accordance with this Chapter and Chapters III to V of this Part and Part V; and

(b)

by adding to that amount the weekly income calculated under regulation 37 (calculation of tariff income from capital).

(2)

For the purposes of paragraph (1) “income” includes capital treated as income under regulation 25 (capital treated as income) and income which a claimant is treated as possessing under regulation 26 (notional income).

Annotations

Commencement

I1: Reg. 13 in force at 1.4.1993, see reg. 1(b)