# The Income-related Benefits Schemes (Miscellaneous Amendments) Regulations 1993, Paragraph 16: Amendment of regulation 38


(1) Regulation 38 (diminishing notional capital rule) shall be amended in accordance with the following provisions of this paragraph.
(2) In paragraph (3)—
(a) in sub-paragraph (c)(ii) for the word “entitled.” there shall be substituted the words “entitled; and”;
(b) after sub-paragraph (c) there shall be added the following sub-paragraph—
“(d) if the claimant would, but for regulation 34(1) of the Council Tax Benefit (General) Regulations 1992 (notional capital), have been entitled to council tax benefit or to an additional amount of council tax benefit in respect of the benefit week in which the date of the last claim for disability working allowance falls, the amount (if any) which is equal to—
(i) in a case where no council tax benefit is payable, the amount to which he would have been entitled, or
(ii) in any other case, the amount equal to the additional amount of council tax benefit to which he would have been entitled.”.
(3) In paragraph (4)—
(a) in sub-paragraph (c)(ii) for the word “entitled.” there shall be substituted the words “entitled; and”;
(b) after sub-paragraph (c) there shall be added the following sub-paragraph—
“(d) if the claimant would, but for regulation 34(1) of the Council Tax Benefit (General) Regulations 1992 (notional capital), have been entitled to council tax benefit or to an additional amount of council tax benefit in respect of the benefit week in which the first day of the relevant week falls, the amount (if any) which is equal to—
(i) in a case where no council tax benefit is payable, the amount to which he would have been entitled, or
(ii) in any other case, the amount equal to the additional amount of council tax benefit to which he would have been entitled.”.
(4) In paragraph (8)(a)—
(a) for the words “(3)(b) and (c) and (4)(b) and (c)” there shall be substituted the words “(3)(b), (c) and (d) and (4)(b), (c) and (d)”;
(b) for the words “1987 (interpretation) or” there shall be substituted the words “1987 (interpretation),”;
(c) after the words “1989 (interpretation)” there shall be inserted the words “or regulation 2(1) of the Council Tax Benefit (General) Regulations 1992 (interpretation)”.

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Source: https://www.legislation.gov.uk/uksi/1993/315/schedule/paragraph/16 (the official version)
Page: https://openlegislation.uk/income-related-benefits-schemes-miscellaneous-amendments-regulations-1993/schedule/paragraph-16
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.