Regulation 4 Calculation of amount payableI1
England and Wales
In this regulation–
“alternative valuation band” means the valuation band which appears in the Table in section 5(2) of the Act or, as the case may be, section 5(3) of the Act immediately above the valuation band which is the relevant valuation band as regards the dwelling in question; and
“the appropriate percentage” shall be construed in accordance with section 11(3) of the Act.
Subject to paragraphs (4) and (6), the amount of council tax payable by an eligible person in respect of the dwelling in question and each day on which the condition referred to in regulation 3(1)(a) is satisfied shall be calculated in accordance with the formula set out in paragraph (3).
The formula is–
where–
F1A is the amount determined in accordance with paragraph (3A); and
B is the number of days in the financial year.
For the purposes of this regulation–
in respect of a dwelling in relation to which the relevant valuation band is any of valuation bands F3B to H B to I, A is the amount which, for the financial year in which the day falls and the alternative valuation band, has been set by the authority for its area or (as the case may be) the part of its area in which the dwelling is situated; and
in respect of a dwelling in relation to which the relevant valuation band is valuation band A, A is an amount equal to five ninths of the amount which, for the financial year in which the day falls and valuation band D, has been set by the authority for its area or (as the case may be) the part of its area in which the dwelling is situated.
References in paragraph (3A) to an amount set by an authority include a reference to an amount set in substitution for such an amount.
Where, but for these Regulations, the amount of council tax payable by an eligible person as regards the dwelling in question and any day would be subject to a discount in accordance with section 11 or 12 of the Act, paragraph (2) shall apply in his case as if the reference to the formula set out in paragraph (3) were a reference to the formula set out in paragraph (5).
The formula is–
where A and B have the same connotations as in paragraph (3) and C is the appropriate percentage or, as the circumstances require, twice the appropriate percentage applicable in the case of the eligible person concerned.
Where, as regards an eligible person, the dwelling in question and a day on which the condition referred to in regulation 3(1)(a) is satisfied–
regulations under section 13 of the Act (other than these Regulations) apply; or
the amount of any council tax benefit to which he is entitled takes the form of a reduction in the amount he is liable to pay as regards that day,
the amount payable shall be calculated in accordance with these Regulations as read with those regulations or, as the case may be, regulations relating to that reductionf1.
Annotations
Textual amendments
- F1
Words in reg. 4(3) substituted (1.4.2000) by The Council Tax (Reductions for Disabilities) (Amendment) Regulations 1999 (S.I. 1999/1004), regs. 1, 2(2)
- F2
Reg. 4(3A)(3B) inserted (1.4.2000) by The Council Tax (Reductions for Disabilities) (Amendment) Regulations 1999 (S.I. 1999/1004), regs. 1, 2(3)
- F3
Words in reg. 4(3A)(a) substituted (W.) (16.3.2005) by The Council Tax (Reductions for Disabilities and Transitional Arrangements) (Wales) (Amendment) Regulations 2005 (S.I. 2005/702), regs. 1(1), 3(2)
Modifications
- C1
Reg. 4(6)(a) modified (W.) (1.12.2004) by The Council Tax (Transitional Arrangements) (Wales) Regulations 2004 (S.I. 2004/3142), regs. 1, 6
Commencement
- I1
Reg. 4 in force at 31.3.1992, see reg. 1(1)
Footnotes
- f1
-
See section 138 of the Social Security Administration Act 1992 (c. 5), as amended by the Local Government Finance Act 1992, Schedule 9, paragraph 19.