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The Housing Benefit (Community Charge Rebates) (Scotland) Regulations 1988

S.I. 1988/1890 · Made 31 October 1988 · Extends to England, Wales and Scotland

Up to date with all changes known to legislation.gov.uk, revised to 31 January 1990.

SOCIAL SECURITY

Made 31st October 1988

Laid before Parliament 2nd November 1988

Coming into force

(a) for the purposes of regulations 1, 58 to 63 and 90 23rd November 1988

(b) for all other purposes 1st April 1989

The Secretary of State for Social Security in exercise of powers conferred by sections 20(1)(c), (11), (12)(c) to (f ), (k) and (l), 21(5), (6)(b) and (7), 22, 28(2A) and (6)(b), 29, 31(1) and (2), 51(1)(a) to (c), (g), (h), (k) to (n) and (q) to (s) and 84(1) of the Social Security Act 1986f1 and section 166(1) to (3A) of the Social Security Act 1975f2 and of all other powers enabling him in that behalf, after consultation with organisations appearing to him to be representative of the authorities concernedf3 and after agreement by the Social Security Advisory Committee that proposals to make these Regulations in so far as they are made under the powers in section 51(1) of the Social Security Act 1986 should not be referred to itf4, by this instrument, which is otherwise made before the end of a period of 12 months from the commencement of the enactments under which it is made, hereby makes the following Regulations:

Annotations to the whole text

Footnotes

f1

1986 c. 50; sections 20(11) and 22 were amended by the Local Government Finance Act 1988 (c. 41) Schedule 10 paragraphs 2(5) and 4 respectively; sections 20 and 28 were modified by the Housing Benefit (Social Security Act 1986 Modifications) (Scotland) Regulations 1988 (S.I. 1988/1483); and section 84(1) is cited because of the meaning assigned to the words “prescribed” and “regulations”.

f2

1975 c. 14; section 166(3A) was inserted by section 62 of the Social Security Act 1986 and section 166(1) to (3A) is applied by section 83(1) of that Act.

f3

See section 61(7) of the Social Security Act 1986.

f4

See section 10(2)(b) of the Social Security Act 1980 (c. 30). Section 10 was amended by paragraph 98 of Schedule 10 to the Social Security Act 1986.

Contents

  1. Part I: GENERAL
  2. 1Citation, commencement and application
  3. 2Interpretation
  4. 3Remunerative work
  5. Part II: MEMBERSHIP OF A FAMILY
  6. 4Persons of prescribed description
  7. 5Circumstances in which a person is to be treated as responsible or not responsible for another
  8. 6Circumstances in which a person is to be treated as being or not being a member of the household
  9. Part III: APPLICABLE AMOUNTS
  10. 7Applicable amounts
  11. 8Polygamous marriages
  12. 9Patients
  13. Part IV: INCOME AND CAPITAL
  14. general
  15. 10Calculation of income and capital of members of claimant’s family and of a polygamous marriage
  16. income
  17. 11Calculation of income on a weekly basis
  18. 12Average weekly earnings of employed earners
  19. 13Average weekly earnings of self-employed earners
  20. 14Average weekly income other than earnings
  21. 15Calculation of weekly income
  22. 16Disregard of changes in tax, contributions etc
  23. 17Treatment of charitable or voluntary payments Repealed
  24. employed earners
  25. 18Earnings of employed earners
  26. 19Calculation of net earnings of employed earners
  27. self-employed earners
  28. 20Earnings of self-employed earners
  29. 21Calculation of net profit of self-employed earners
  30. 22Deduction of tax and contributions for self-employed earners
  31. other income
  32. 23Calculation of income other than earnings
  33. 24Capital treated as income
  34. 25Notional income
  35. 26Modifications in respect of child and young person
  36. capital
  37. 27Capital limit
  38. 28Calculation of capital
  39. 29Disregard of capital of child or young person
  40. 30Income treated as capital
  41. 31Calculation of capital in the United Kingdom
  42. 32Calculation of capital outside the United Kingdom
  43. 33Notional Capital
  44. 34Capital jointly held
  45. 35Calculation of tariff income from capital
  46. Part V: STUDENTS
  47. general
  48. 36Interpretation
  49. 37Treatment of students
  50. income
  51. 38Calculation of grant income
  52. 39Calculation of covenant income where a contribution is assessed
  53. 40Covenant income where no grant income or no contribution is assessed
  54. 41Relationship with amounts to be disregarded under Schedule 3
  55. 42Other amounts to be disregarded
  56. 43Disregard of contribution and rent
  57. 44Income treated as capital
  58. 45Disregard of changes occurring during summer vacation
  59. Part VI: AMOUNT OF BENEFIT
  60. 46Maximum housing benefit
  61. 47Housing benefit taper
  62. 48Amount of housing benefit for members of a couple
  63. 49Amount of housing benefit for members of a polygamous marriage
  64. 50Amount of housing benefit for partners of registered students
  65. 51Minimum housing benefit
  66. Part VII: BENEFIT PERIODS, CHANGES OF CIRCUMSTANCES AND CALCULATION OF WEEKLY AMOUNTS
  67. 52Date on which entitlement is to begin
  68. 53Benefit period
  69. 54Date on which benefit period is to end
  70. 55Date on which change of circumstances is to take effect
  71. 56Calculation of weekly amounts
  72. 57Increases of weekly amounts for exceptional circumstances
  73. Part VIII: CLAIMS
  74. 58Who may claim
  75. 59Time and manner in which claims are to be made
  76. 60Circumstances in which claims need not be made
  77. 61Evidence and information
  78. 62Amendment and withdrawal of claim
  79. 63Duty to notify changes of circumstances
  80. Part IX: DETERMINATION OF QUESTIONS
  81. 64Who is to make a determination
  82. 65Notification of determinations
  83. 66Time and manner of making notifications, requests or representations
  84. 67Review of determinations
  85. 68Requests for statement of reasons
  86. 69Further review of determinations
  87. 70Procedure on further review
  88. 71Decisions upon further review
  89. 72Effect of revising a decision
  90. 73Correction of accidental errors in determinations and decisions
  91. 74Setting aside of determinations and decisions on certain grounds
  92. 75Provisions common to regulations 73 and 74
  93. Part X: PAYMENTS
  94. 76Time and manner of payment of housing benefit in respect of personal community charges
  95. 77Time and manner of payment of housing benefit in respect of collective community charge contributions
  96. 78Person to whom benefit is to be paid
  97. 79Withholding of benefit
  98. 80Payment on death of the person entitled
  99. 81Offsetting
  100. Part XI: OVERPAYMENTS
  101. 82Meaning of overpayment
  102. 83Recoverable overpayments
  103. 84Person by whom recovery may be made
  104. 85Person from whom recovery may be sought
  105. 86Methods of recovery
  106. 87Diminution of capital
  107. 88Sums to be deducted in calculating recoverable overpayments
  108. 89Recovery of overpayments from prescribed benefits
  109. Part XII: INFORMATION
  110. 90Exchange of information
  111. Signature
  112. Schedule 1: APPLICABLE AMOUNTS
  113. Part I: PERSONAL ALLOWANCES
  114. 1Paragraph 1
  115. 2Paragraph 2
  116. Part II: FAMILY PREMIUM
  117. 3Paragraph 3
  118. Part III: PREMIUMS
  119. 4Paragraph 4
  120. 5Paragraph 5
  121. 6Paragraph 6
  122. 7Paragraph 7
  123. 8Lone Parent Premium
  124. 9Pensioner premium for persons under 75
  125. 9APensioner premium for persons 75 and over
  126. 10Higher Pensioner Premium
  127. 11Disability Premium
  128. 12Additional Condition for the Higher Pensioner and Disability Premiums
  129. 13Severe Disability Premium
  130. 14Disabled Child Premium
  131. 15Persons in receipt of concessionary payments
  132. IVAMOUNTS OF PREMIUMS SPECIFIED IN PART III
  133. Schedule 2: SUMS TO BE DISREGARDED IN THE CALCULATION OF EARNINGS
  134. 1Paragraph 1
  135. 2Paragraph 2
  136. 3Paragraph 3
  137. 4Paragraph 4
  138. 5Paragraph 5
  139. 6Paragraph 6
  140. 7Paragraph 7
  141. 8Paragraph 8
  142. 9Paragraph 9
  143. 10Paragraph 10
  144. 11Paragraph 11
  145. 12Paragraph 12
  146. 13Paragraph 13
  147. 14Paragraph 14
  148. 15Paragraph 15
  149. Schedule 3: SUMS TO BE DISREGARDED IN THE CALCULATION OF INCOME OTHER THAN EARNINGS
  150. 1Paragraph 1
  151. 2Paragraph 2
  152. 3Paragraph 3
  153. 4Paragraph 4
  154. 5Paragraph 5
  155. 6Paragraph 6
  156. 7Paragraph 7
  157. 8Paragraph 8
  158. 9Paragraph 9
  159. 10Paragraph 10
  160. 11Paragraph 11
  161. 12Paragraph 12
  162. 13Paragraph 13
  163. 14Paragraph 14
  164. 15Paragraph 15
  165. 16Paragraph 16
  166. 17Paragraph 17
  167. 18Paragraph 18
  168. 19Paragraph 19
  169. 20Paragraph 20
  170. 21Paragraph 21
  171. 22Paragraph 22
  172. 23Paragraph 23
  173. 24Paragraph 24
  174. 25Paragraph 25
  175. 26Paragraph 26
  176. 27Paragraph 27
  177. 28Paragraph 28
  178. 29Paragraph 29
  179. 30Paragraph 30
  180. 31Paragraph 31
  181. 32Paragraph 32
  182. 33Paragraph 33
  183. 34Paragraph 34
  184. 35Paragraph 35
  185. 36Paragraph 36
  186. 37Paragraph 37
  187. 38Paragraph 38
  188. 39Paragraph 39
  189. Schedule 4: CAPITAL TO BE DISREGARDED
  190. 1Paragraph 1
  191. 2Paragraph 2
  192. 3Paragraph 3
  193. 4Paragraph 4
  194. 5Paragraph 5
  195. 6Paragraph 6
  196. 7Paragraph 7
  197. 8Paragraph 8
  198. 9Paragraph 9
  199. 10Paragraph 10
  200. 11Paragraph 11
  201. 12Paragraph 12
  202. 13Paragraph 13
  203. 14Paragraph 14
  204. 15Paragraph 15
  205. 16Paragraph 16
  206. 17Paragraph 17
  207. 18Paragraph 18
  208. 19Paragraph 19
  209. 20Paragraph 20
  210. 21Paragraph 21
  211. 22Paragraph 22
  212. 23Paragraph 23
  213. 24Paragraph 24
  214. 25Paragraph 25
  215. 26Paragraph 26
  216. 27Paragraph 27
  217. 28Paragraph 28
  218. 29Paragraph 29
  219. 30Paragraph 30
  220. 31Paragraph 31
  221. 32Paragraph 32
  222. 33Paragraph 33
  223. 34Paragraph 34
  224. Schedule 5: MATTERS TO BE INCLUDED IN THE NOTICE OF DETERMINATION
  225. Part I: general
  226. 1Paragraph 1
  227. 2Paragraph 2
  228. 3Paragraph 3
  229. 4Paragraph 4
  230. 5Paragraph 5
  231. 6Paragraph 6
  232. 7Paragraph 7
  233. 8Paragraph 8
  234. Part II: awards where income support is payable
  235. 9Paragraph 9
  236. Part III: awards where no income support is payable
  237. 10Paragraph 10
  238. Part IV: notice where no award is made
  239. 11Paragraph 11
  240. Part V: notice where recoverable overpayment
  241. 12Paragraph 12
  242. Schedule 6: CONSTITUTION OF REVIEW BOARDS
  243. 1Paragraph 1
  244. 2Paragraph 2
  245. Explanatory note