# The Social Security (Miscellaneous Amendments) (No. 2) Regulations 2005, Regulation 4: Amendment of the Council Tax Benefit Regulations


(1) The Council Tax Benefit Regulations are amended as follows .
(2) In regulation 26(2)(c) (notional income), after “personal pension scheme” insert “ , occupational pension scheme ” .
(3) In regulation 34(2)(d) (notional capital) , after “personal pension scheme” insert “ , occupational pension scheme ” .
(4) For regulation 37(1) (calculation of tariff income from capital) substitute—
“(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.”.
(5) In Schedule 4 (sums to be disregarded in the calculation of income other than earnings)—
(a) the existing provisions of paragraph 22 shall become sub-paragraph (1) of that paragraph;
(b) after that sub-paragraph insert—
“(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. ”;
(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 ” ;
(d) for paragraph 24(1A) substitute—
“(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.”.
(6) In Schedule 5 (capital to be disregarded), for paragraph 70 substitute—
“
70 Any payment made to the claimant pursuant to regulations under section 2(6)(b), 3 or 4 of the Adoption and Children Act 2002.”.

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Source: https://www.legislation.gov.uk/uksi/2005/2465/regulation/4 (the official version)
Page: https://openlegislation.uk/social-security-miscellaneous-amendments-no-2-regulations-2005/regulation-4
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.