{
  "url": "https://openlegislation.uk/social-security-miscellaneous-amendments-no-2-regulations-2005/regulation-4",
  "json_url": "https://openlegislation.uk/social-security-miscellaneous-amendments-no-2-regulations-2005/regulation-4.json",
  "legislation": "uksi/2005/2465",
  "legislation_title": "The Social Security (Miscellaneous Amendments) (No. 2) Regulations 2005",
  "legislation_url": "https://openlegislation.uk/social-security-miscellaneous-amendments-no-2-regulations-2005",
  "path": "regulation/4",
  "kind": "regulation",
  "number": "4",
  "heading": "Amendment of the Council Tax Benefit Regulations",
  "text": "(1) The Council Tax Benefit Regulations are amended as follows .\n(2) In regulation 26(2)(c) (notional income), after “personal pension scheme” insert “ , occupational pension scheme ” .\n(3) In regulation 34(2)(d) (notional capital) , after “personal pension scheme” insert “ , occupational pension scheme ” .\n(4) For regulation 37(1) (calculation of tariff income from capital) substitute—\n“(1) Where the claimant's capital calculated in accordance with this Part exceeds £6,000, it shall be treated as equivalent to a weekly income of £1 for each complete £250 in excess of £6,000 but not exceeding £16,000.”.\n(5) In Schedule 4 (sums to be disregarded in the calculation of income other than earnings)—\n(a) the existing provisions of paragraph 22 shall become sub-paragraph (1) of that paragraph;\n(b) after that sub-paragraph insert—\n“(2) The reference in sub-paragraph (1) to “ income in kind ” does not include a payment to a third party made in respect of the claimant which is used by the third party to provide benefits in kind to the claimant. ”;\n(c) in paragraph 24(1)(a) , for “in accordance with regulations made pursuant to section 57A of the Adoption Act 1976 (permitted allowances) or paragraph 3 of Schedule 4 to the Adoption and Children Act 2002 or” substitute “ pursuant to regulations under section 2(6)(b), 3 or 4 of the Adoption and Children Act 2002 or in accordance ” ;\n(d) for paragraph 24(1A) substitute—\n“(1A) Any payment, other than a payment to which sub-paragraph (1)(a) applies, made to the claimant pursuant to regulations under section 2(6)(b), 3 or 4 of the Adoption and Children Act 2002.”.\n(6) In Schedule 5 (capital to be disregarded), for paragraph 70 substitute—\n“\n70 Any payment made to the claimant pursuant to regulations under section 2(6)(b), 3 or 4 of the Adoption and Children Act 2002.”.",
  "extent": null,
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "F",
      "label": "F1",
      "text": "Reg. 4(2)-(4) revoked (6.3.2006) by The Housing Benefit and Council Tax Benefit (Consequential Provisions) Regulations 2006 (S.I. 2006/217) , reg. 1(1) , Sch. 2 para. 28(2) (with regs. 2 , 3 , Sch. 3 , 4 )"
    },
    {
      "type": "F",
      "label": "F2",
      "text": "Reg. 4(5) (6) revoked (6.3.2006) by The Housing Benefit and Council Tax Benefit (Consequential Provisions) Regulations 2006 (S.I. 2006/217) , reg. 1(1) , Sch. 1 (with regs. 2 , 3 , Sch. 3 , 4 )"
    },
    {
      "type": "M",
      "label": "M1",
      "text": "Regulations 13 to 37 of the Council Tax Benefit Regulations are modified in relation to any person who has attained the qualifying age for state pension credit: see S.I. 2003/325, regs. 12(1) and 17. However the amendments made by these Regulations are to regs. 26, 34 and 37 of the Council Tax Benefit Regulations as not so modified."
    },
    {
      "type": "M",
      "label": "M2",
      "text": "Paragraph 2(d) was inserted by S.I. 1995/2303 , reg. 2(6) ."
    },
    {
      "type": "M",
      "label": "M3",
      "text": "Regulation 37(1) was amended by S.I. 2000/2545 , reg. 2(3) ."
    },
    {
      "type": "M",
      "label": "M4",
      "text": "Paragraph 24(1)(a) was amended, and paragraph (1A) inserted, by S.I. 2003/2279 , reg. 5(4)(a) ."
    },
    {
      "type": "M",
      "label": "M5",
      "text": "2002 c. 38 ."
    }
  ],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/uksi/2005/2465/regulation/4",
    "retrieved_at": "2026-10-29T04:52:59.925015+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}