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The Council Tax Benefit Regulations 2006

S.I. 2006/215 · Made 2 February 2006

Up to date with all changes known to legislation.gov.uk, revised to 11 April 2018.

SOCIAL SECURITY

Made 2nd February 2006

Laid before Parliament 10th February 2006

Coming into force 6th March 2006

M1M2M3The Secretary of State for Work and Pensions makes the following Regulations in exercise of the powers conferred upon him by sections 123(1)(e), 131(3)(b), (5)(c)(ii), (7)(b) and (10), 132, 133(3) and (4), 134(1), 135(1), (2) and (6), 136, 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 .

M4These 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.C1C2

Annotations to the whole text

Marginal citations

M1

1992 c. 4; section 137(1) is an interpretation provision and is cited for the meaning of the words “family” and “prescribed”; sections 175(1) and (4) were amended by paragraph 29 of Schedule 3 to the Social Security Contributions (Transfer of Functions, etc.) Act 1999 (c. 2); and section 175(5) was amended by paragraph 36 of Schedule 1 to the Social Security (Incapacity for Work) Act 1994 (c. 18).

M2

1992 c. 5; section 7A was inserted by the Welfare Reform and Pensions Act 1999 (c. 30); section 122E was inserted by the Social Security Administration (Fraud) Act 1997 (c. 47), section 3; section 126A was inserted by section 11 of the Social Security Administration (Fraud) Act 1997 (c. 47); section 128A was inserted by section 28(2) of the Jobseekers Act 1995 (c. 18); section 136A(3) and (4) was inserted by the State Pension Credit Act 2002 (c. 16), Schedule 2, paragraph 3; section 189(1) was amended by paragraph 57 of Schedule 3 to the Social Security Contributions (Transfer of Functions, etc.) 1999, Schedule 8 and paragraph 109 of Schedule 7 to the Social Security Act 1998 (c. 14) and Schedule 6 to the Tax Credits Act 2002 (c. 21); section 134 was amended by the Housing Act 1996 (c. 52), Schedule 12, paragraph 1; section 189(4) and (5) was amended by Schedule 8 and paragraph 109 of Schedule 7 to the Social Security Act 1998; section 191 is cited for the meaning of the word “prescribe”.

M3

1998 c. 14; section 79(1) was amended by paragraphs 12 and 13 of Schedule 4 to the Tax Credits Act 2002; section 84 is cited for the meaning of the word “prescribe”.

M4

See section 172 of, and paragraph 10 of Part I of Schedule 7 to, the Social Security Administration Act 1992.

Modifications

C1

Instrument applied (5.10.2009) by The Flexible New Deal (Miscellaneous Provisions) Order 2009 (S.I. 2009/1562), reg. 2(1)(c), Sch.

C2

Instrument continued (with modifications) (19.2.2013) by The Welfare Reform Act 2012 (Commencement No.8 and Savings and Transitional Provisions) Order 2013 (S.I. 2013/358), arts. 9, 10(1)(a), Sch. 5 Pt. 1

Contents

  1. Part 1: General
  2. 1Citation and commencement
  3. 2Interpretation
  4. 3Definition of non-dependant
  5. 4Disapplication of section 1(1A) of the Administration Act
  6. 5Persons who have attained the qualifying age for state pension credit
  7. 6Remunerative work
  8. 7Persons from abroad
  9. 8Prescribed persons for the purposes of section 131(3)(b) of the Act
  10. Part 2: Membership of a family
  11. 9Persons of prescribed description for the definition of family in section 137(1) of the Act
  12. 10Circumstances in which a person is to be treated as responsible or not responsible for another
  13. 11Circumstances in which a person is to be treated as being or not being a member of the household
  14. Part 3: Applicable amounts
  15. 12Applicable amounts
  16. 13Polygamous marriages
  17. 14Patients Repealed
  18. Part 4: Income and capital
  19. General
  20. 15Calculation of income and capital of members of claimant's family and of a polygamous marriage
  21. 16Circumstances in which capital and income of non-dependant is to be treated as claimant's
  22. Income
  23. 17Calculation of income on a weekly basis
  24. 18Treatment of child care charges
  25. 19Average weekly earnings of employed earners
  26. 20Average weekly earnings of self-employed earners
  27. 21Average weekly income other than earnings
  28. 22Calculation of average weekly income from tax credits
  29. 23Calculation of weekly income
  30. 24Disregard of changes in tax, contributions etc
  31. Employed earners
  32. 25Earnings of employed earners
  33. 26Calculation of net earnings of employed earners
  34. Self-employed earners
  35. 27Earnings of self-employed earners
  36. 28Calculation of net profit of self-employed earners
  37. 29Deduction of tax and contributions of self-employed earners
  38. Other income
  39. 30Calculation of income other than earnings
  40. 31Capital treated as income
  41. 32Notional income
  42. Capital
  43. 33Capital limit
  44. 34Calculation of capital
  45. 35Disregard of capital of child and young person
  46. 36Income treated as capital
  47. 37Calculation of capital in the United Kingdom
  48. 38Calculation of capital outside the United Kingdom
  49. 39Notional capital
  50. 40Diminishing notional capital rule
  51. 41Capital jointly held
  52. 42Calculation of tariff income from capital
  53. Part 5: Students
  54. General
  55. 43Interpretation
  56. 44Treatment of students
  57. 45Students who are excluded from entitlement to council tax benefit
  58. Income
  59. 46Calculation of grant income
  60. 47Calculation of covenant income where a contribution is assessed
  61. 48Covenant income where no grant income or no contribution is assessed
  62. 49Relationship with amounts to be disregarded under Schedule 4
  63. 50Other amounts to be disregarded
  64. 51Treatment of student loans
  65. 51ATreatment of fee loans
  66. 52Treatment of payments from access funds
  67. 53Disregard of contribution
  68. 54Further disregard of student's income
  69. 55Income treated as capital
  70. 56Disregard of changes occurring during summer vacation
  71. Part 6: Amount of benefit
  72. 57Maximum council tax benefit
  73. 58Non-dependant deductions
  74. 59Council tax benefit taper
  75. 60Extended payments
  76. 60ADuration of extended payment period
  77. 60BAmount of extended payment
  78. 60CExtended payments – movers
  79. 60DRelationship between extended payment and entitlement to council tax benefit under the general conditions of entitlement
  80. 61Extended Payments (qualifying contributory benefits)
  81. 61ADuration of extended payment period (qualifying contributory benefits)
  82. 61BAmount of extended payment (qualifying contributory benefits)
  83. 61CExtended payments (qualifying contributory benefits) – movers
  84. 61DRelationship between extended payment (qualifying contributory benefits) and entitlement to council tax benefit under the general conditions of entitlement
  85. 62Alternative maximum council tax benefit
  86. 63Residents of a dwelling to whom section 131(6) of the Act does not apply
  87. Part 7: Changes of circumstances and increases for exceptional circumstances
  88. 64Date on which entitlement is to begin
  89. 65Date on which council tax benefit is to end Repealed
  90. 66Date on which council tax benefit is to end where entitlement to severe disablement allowance or incapacity benefit ceases Repealed
  91. 67Date on which change of circumstances is to take effect
  92. Part 8: Claims
  93. 68Who may claim
  94. 69Time and manner in which claims are to be made
  95. 69AElectronic claims for benefit
  96. 70Date of claim where claim sent or delivered to a gateway office Repealed
  97. 71Date of claim where claim sent or delivered to an office of a designated authority Repealed
  98. 72Evidence and information
  99. 73Amendment and withdrawal of claim
  100. 74Duty to notify changes of circumstances
  101. 74ZAAlternative means of notifying changes of circumstances
  102. 74ANotice of changes of circumstances given electronically
  103. Part 9: Decisions on questions
  104. 75Decisions by a relevant authority
  105. 76Notification of decision
  106. Part 10: Awards or payments of benefit
  107. 77Time and manner of granting council tax benefit
  108. 78Persons to whom benefit is to be paid
  109. 79Shortfall in benefit
  110. 80Payment on the death of the person entitled
  111. 81Offsetting
  112. Part 11: Excess benefit
  113. 82Meaning of excess benefit
  114. 83Recoverable excess benefit
  115. 84Authority by which recovery may be made
  116. 85Persons from whom recovery may be sought
  117. 86Methods of recovery
  118. 87Further provision as to recovery of excess benefit
  119. 88Diminution of capital
  120. 89Sums to be deducted in calculating recoverable excess benefit
  121. 90Recovery of excess benefit from prescribed benefits
  122. Part 12: Information
  123. Claims and information
  124. 91Interpretation
  125. 92Collection of information
  126. 92AVerifying information
  127. 93Recording and holding information
  128. 94Forwarding of information
  129. 95Request for information
  130. Information between authorities etc.
  131. 96Information to be supplied by an authority to another authority
  132. 97Supply of information – extended payments (qualifying contributory benefits)
  133. 98Supply of benefit administration information between authorities
  134. Signature
  135. Schedule 1: Applicable amounts
  136. Part 1: Personal Allowances
  137. 1Paragraph 1
  138. 1AParagraph 1A
  139. 2Paragraph 2
  140. Part 2: Family Premium
  141. 3Paragraph 3
  142. Part 3: Premiums
  143. 4Paragraph 4
  144. 5Paragraph 5
  145. 6Paragraph 6
  146. 7Paragraph 7
  147. 8Bereavement premium Repealed
  148. 9Pensioner Premium for persons under 75 Repealed
  149. 10Pensioner Premium for persons 75 and over Repealed
  150. 11Higher Pensioner Premium Repealed
  151. 12Disability Premium
  152. 13Additional Condition for the Disability Premium
  153. 14Severe Disability Premium
  154. 15Enhanced disability premium
  155. 16Disabled Child Premium
  156. 17Carer Premium
  157. 18Persons in receipt of concessionary payments
  158. 19Persons in receipt of benefit for another
  159. 4Amounts of premiums specified in Part 3
  160. Part 5: The components
  161. 21Paragraph 21
  162. 21AParagraph 21A
  163. 22Paragraph 22
  164. 23The work-related activity component
  165. 24The support component
  166. Part 6: Amount of components
  167. 25Paragraph 25
  168. 26Paragraph 26
  169. Part 7: Transitional Addition
  170. 27Paragraph 27
  171. 28Paragraph 28
  172. 29Paragraph 29
  173. Part 8: Amount of transitional addition
  174. 30Paragraph 30
  175. 31Paragraph 31
  176. Schedule 2: Amount of alternative maximum council tax benefit
  177. 1Paragraph 1
  178. 2Paragraph 2
  179. 3Paragraph 3
  180. Schedule 3: Sums to be disregarded in the calculation of earnings
  181. 1Paragraph 1
  182. 2Paragraph 2
  183. 2AParagraph 2A
  184. 3Paragraph 3
  185. 4Paragraph 4
  186. 5Paragraph 5
  187. 6Paragraph 6
  188. 7Paragraph 7
  189. 8Paragraph 8
  190. 9Paragraph 9
  191. 10Paragraph 10
  192. 10AParagraph 10A
  193. 11Paragraph 11
  194. 12Paragraph 12
  195. 13Paragraph 13
  196. 14Paragraph 14
  197. 15Paragraph 15
  198. 16Paragraph 16
  199. 17Paragraph 17
  200. Schedule 4: Sums to be disregarded in the calculation of income other than earnings
  201. 1Paragraph 1
  202. A2Paragraph A2
  203. A3Paragraph A3 Repealed
  204. A3Paragraph A3
  205. 2Paragraph 2
  206. 2AParagraph 2A
  207. 3Paragraph 3
  208. 4Paragraph 4
  209. 5Paragraph 5
  210. 6Paragraph 6
  211. 7Paragraph 7
  212. 8Paragraph 8
  213. 9Paragraph 9
  214. 10Paragraph 10
  215. 11Paragraph 11
  216. 12Paragraph 12
  217. 13Paragraph 13
  218. 14Paragraph 14
  219. 15Paragraph 15
  220. 16Paragraph 16
  221. 17Paragraph 17
  222. 18Paragraph 18
  223. 19Paragraph 19
  224. 20Paragraph 20
  225. 21Paragraph 21
  226. 22Paragraph 22
  227. 23Paragraph 23
  228. 24Paragraph 24
  229. 25Paragraph 25
  230. 26Paragraph 26
  231. 27Paragraph 27
  232. 28Paragraph 28
  233. 29Paragraph 29
  234. 29AParagraph 29A
  235. 30Paragraph 30
  236. 31Paragraph 31
  237. 32Paragraph 32
  238. 33Paragraph 33
  239. 34Paragraph 34
  240. 35Paragraph 35
  241. 36Paragraph 36
  242. 37Paragraph 37
  243. 38Paragraph 38
  244. 39Paragraph 39 Repealed
  245. 40Paragraph 40 Repealed
  246. 41Paragraph 41
  247. 42Paragraph 42 Repealed
  248. 43Paragraph 43
  249. 44Paragraph 44 Repealed
  250. 45Paragraph 45
  251. 46Paragraph 46
  252. 47Paragraph 47
  253. 48Paragraph 48
  254. 48AParagraph 48A
  255. 49Paragraph 49 Repealed
  256. 50Paragraph 50
  257. 51Paragraph 51
  258. 52Paragraph 52
  259. 53Paragraph 53
  260. 54Paragraph 54
  261. 55Paragraph 55
  262. 55AParagraph 55A
  263. 56Paragraph 56
  264. 57Paragraph 57
  265. 58Paragraph 58
  266. 59Paragraph 59
  267. 60Paragraph 60
  268. 61Paragraph 61
  269. 62Paragraph 62
  270. 63Paragraph 63
  271. 64Paragraph 64 Repealed
  272. 65Paragraph 65
  273. 66Paragraph 66
  274. Schedule 5: Capital to be disregarded
  275. 1Paragraph 1
  276. A2Paragraph A2
  277. A3Paragraph A3 Repealed
  278. A3Paragraph A3
  279. 2Paragraph 2
  280. 3Paragraph 3
  281. 4Paragraph 4
  282. 5Paragraph 5
  283. 6Paragraph 6
  284. 7Paragraph 7
  285. 8Paragraph 8
  286. 9Paragraph 9
  287. 10Paragraph 10
  288. 11Paragraph 11
  289. 12Paragraph 12
  290. 13Paragraph 13
  291. 14Paragraph 14
  292. 14AParagraph 14A
  293. 15Paragraph 15
  294. 16Paragraph 16
  295. 17Paragraph 17
  296. 18Paragraph 18
  297. 19Paragraph 19
  298. 19AParagraph 19A
  299. 20Paragraph 20
  300. 21Paragraph 21
  301. 22Paragraph 22
  302. 23Paragraph 23
  303. 24Paragraph 24
  304. 25Paragraph 25
  305. 26Paragraph 26
  306. 27Paragraph 27
  307. 28Paragraph 28
  308. 29Paragraph 29
  309. 30Paragraph 30 Repealed
  310. 31Paragraph 31
  311. 32Paragraph 32
  312. 33Paragraph 33
  313. 34Paragraph 34
  314. 35Paragraph 35
  315. 36Paragraph 36 Repealed
  316. 37Paragraph 37
  317. 38Paragraph 38
  318. 39Paragraph 39
  319. 40Paragraph 40
  320. 41Paragraph 41
  321. 41AParagraph 41A
  322. 42Paragraph 42
  323. 43Paragraph 43
  324. 44Paragraph 44 Repealed
  325. 45Paragraph 45
  326. 46Paragraph 46
  327. 47Paragraph 47
  328. 48Paragraph 48
  329. 49Paragraph 49
  330. 50Paragraph 50
  331. 51Paragraph 51
  332. 52Paragraph 52
  333. 53Paragraph 53
  334. 54Paragraph 54
  335. 55Paragraph 55
  336. 56Paragraph 56
  337. 57Paragraph 57
  338. 58Paragraph 58
  339. 59Paragraph 59
  340. 60Paragraph 60
  341. 61Paragraph 61
  342. 62Paragraph 62
  343. Schedule 6: Extended payments of council tax benefit Repealed
  344. Part 1: Conditions for an extended payment Repealed
  345. 1Paragraph 1 Repealed
  346. 2Paragraph 2 Repealed
  347. Part 2 Repealed
  348. 3Calculation and payment of an extended payment Repealed
  349. 4Movers Repealed
  350. 5Movers and extended payments Repealed
  351. Part 3 Repealed
  352. 6Adjustment of entitlement in respect of an extended payment Repealed
  353. Part 4 Repealed
  354. 7Interpretation Repealed
  355. Schedule 7: Extended payments (severe disablement allowance and incapacity benefit) of council tax benefit Repealed
  356. 1Condition for an extended payment (severe disablement allowance and incapacity benefit) Repealed
  357. 2Calculation and payment of an extended payment (severe disablement allowance and incapacity benefit) Repealed
  358. 3Movers Repealed
  359. 4Movers and extended payments Repealed
  360. 5Paragraph 5 Repealed
  361. 6Adjustment of entitlement in respect of an extended payment (severe disablement allowance and incapacity benefit) Repealed
  362. 7Interpretation Repealed
  363. Schedule 8: Matters to be included in decision notice
  364. Part 1: General
  365. 1Paragraph 1
  366. 2Paragraph 2
  367. 3Paragraph 3
  368. 4Paragraph 4
  369. 5Paragraph 5
  370. 6Paragraph 6
  371. 7Paragraph 7
  372. 8Paragraph 8
  373. Part 2: Awards where income support , an income-based jobseeker's allowance or an income-related employment and support allowance, an extended payment or an extended payment (qualifying contributory benefits) is payable
  374. 9Paragraph 9
  375. Part 3: Awards where no income support, an income-based jobseeker's allowance or an income-related employment and support allowance or an income-based jobseeker's allowance is payable
  376. 10Paragraph 10
  377. Part 4: Notice where income of non-dependant is treated as claimant's income
  378. 11Paragraph 11
  379. Part 5: Notice where no award is made
  380. 12Paragraph 12
  381. Part 6: Awards where alternative maximum council tax benefit is payable in respect of a day
  382. 13Paragraph 13
  383. 14Notice where no award of alternative maximum council tax benefit is made
  384. 15Notice where council tax benefit is awarded and section 131(9) of the Act applies
  385. Part 7: Notice where there is recoverable excess benefit
  386. 16Paragraph 16
  387. Schedule 9: Electronic Communication
  388. Part 1: Introduction
  389. 1Interpretation
  390. Part 2: Electronic Communication – General Provisions
  391. 2Conditions for the use of electronic communication
  392. 3Use of intermediaries
  393. Part 3: Electronic Communication – Evidential Provisions
  394. 4Effect of delivering information by means of electronic communication
  395. 5Proof of identity of sender or recipient of information
  396. 6Proof of delivery of information
  397. 7Proof of content of information
  398. Explanatory note