The Social Security (Non-Dependant Deductions) Regulations 1996

Statutory Instruments

1996 No. 2518

SOCIAL SECURITY

The Social Security (Non-Dependant Deductions) Regulations 1996

Made

2nd October 1996

Laid before Parliament

7th October 1996

Coming into force in accordance with regulation 1(1)

The Secretary of State for Social Security, in exercise of the powers conferred on him by sections 130(4), 131(10), 135(1), 137(1) and 175(1) and (3) of the Social Security Contributions and Benefits Act 1992(1) and sections 4(5), 35(1) and 36(1) and (2) of the Jobseekers Act 1995(2) and of all other powers enabling him in that behalf, after consultation, in respect of provisions in these Regulations relating to housing benefit and council tax benefit, with organisations appearing to him to be representative of the authorities concerned(3) and after agreement by the Social Security Advisory Committee that proposals in respect of these Regulations should not be referred to it(4), hereby makes the following Regulations:

Citation and commencement

1.—(1) These Regulations may be cited as the Social Security (Non-Dependant Deductions) Regulations 1996 and shall come into force —

(a) for the purposes of this regulation and regulation 2, on 1st April 1997;

(b) for the purposes of regulation 3 —

(i) in any case where rent is payable at intervals of one month or any other interval which is not a week or a multiple thereof, on 1st April 1997; and

(ii) in any other case, on 7th April 1997;

(c) for the purposes of regulation 4, on 6th April 1998.

(2) Regulation 4 of these Regulations shall have effect in relation to any particular claimant for either of the benefits mentioned in that regulation, from the beginning of the first benefit week to commence for that claimant on or after 6th April 1998 and for the purpose of this paragraph, “benefit week”shall have the same meaning as in regulation 2(1) of the Income Support (General) Regulations 1987(5) or, where appropriate, in regulation 1(3) of the Jobseeker’s Allowance Regulations 1996(6).

Council Tax Benefit: changes in thresholds for, and amounts of, non-dependant deductions

2.  In regulation 52 of the Council Tax Benefit (General) Regulations(7) (non-dependant deductions) —

(a) in paragraph (1)(a), for the sum “£2.60”there shall be substituted the sum “£4.00”;

(b) in paragraph (2), for the words from “less than”to the end of the paragraph, there shall be substituted the following words —

• “(a)

  less than £114.00, the deduction to be made under this regulation shall be that specified in paragraph (1)(b);

  (b)

  not less than £114.00 but less than £200.00, the deduction to be made under this regulation shall be £2.60;

  (c)

  not less than £200.00 but less than £250.00, the deduction to be made under this regulation shall be £3.50.”.

Housing Benefit: changes in thresholds for, and amounts of, non-dependant deductions

3.  In regulation 63 of the Housing Benefit (General) Regulations(8) (non-dependant deductions) —

(a) in paragraph (1)(a), for the sum “£32.00”there shall be substituted the sum “£39.00”;

(b) after paragraph (2)(c), there shall be added the following sub-paragraphs —

“(d) not less than £150.00 but less than £200.00, the deduction to be made under this regulation shall be £32.00;

(e) not less than £200.00 but less than £250.00, the deduction to be made under this regulation shall be £36.00”.

Income Support and Jobseeker’s Allowance: changes in thresholds for, and amounts of, non-dependant deductions relating to housing costs

4.  In both paragraph 18 of Schedule 3 to the Income Support (General) Regulations 1987(9) and paragraph 17 of Schedule 2 to the Jobseeker’s Allowance Regulations 1996(10) (thresholds for, and amounts of, non-dependant deductions relating to housing costs) —

(a) in sub-paragraph (1), for head (a) there shall be substituted the following head —

“(a) in respect of a non-dependant aged 18 or over who is engaged in any remunerative work, £39.00;”;

(b) in sub-paragraph (2), after head (c) there shall be added the following heads —

“(d) not less than £150.00 but less than £200.00, the deduction to be made under this paragraph shall be £32.00;

(e) not less than £200.00 but less than £250.00, the deduction to be made under this paragraph shall be £36.00”.

Signed by authority of the Secretary of State for Social Security.

Roger Evans

Parliamentary Under-Secretary of State,

Department of Social Security

2nd October 1996

Explanatory Note

(This note is not part of the Regulations)

These Regulations amend the Council Tax Benefit (General) Regulations 1992 (S.I. 1992/1814), the Housing Benefit (General) Regulations 1987 (S.I. 1987/1971), the Income Support (General) Regulations 1987 (S.I. 1987/1967) and the Jobseeker’s Allowance Regulations 1996 (S.I. 1996/207).

In particular, these Regulations insert new thresholds for non-dependant deductions and amend the maximum amount of such deductions, relating to council tax benefit (regulation 2) and housing benefit (regulation 3). Similar provisions are inserted relating to the appropriate applicable amounts for the purposes of income support and jobseeker’s allowance (regulation 4).

These Regulations do not impose a charge on business.

(1)

1992 c. 4; section 131 was substituted for the purposes of council tax benefit by Schedule 9 to the Local Government Finance Act 1992 (c. 14); section 137(1) is an interpretation provision and is cited because of the meaning ascribed to the word “prescribed”.

(2)

1995 c. 18; section 35(1) is an interpretation provision and is cited because of the meaning ascribed to the word “regulations”.

(3)

See section 176(1) of the Social Security Administration Act 1992 (c. 5).

(4)

See section 173(1)(b) of the Social Security Administration Act 1992 (c. 5).

(5)

S.I. 1987/1967; the relevant amending instrument is S.I. 1988/1445.

(6)

S.I. 1996/207; the relevant amending instruments are S.I. 1996/1516 and 1517.

(7)

S.I. 1992/1814; relevant amending instruments are S.I. 1994/542 and 1996/599.

(8)

S.I. 1987/1971; relevant amending instruments are S.I. 1990/546 and 1996/599.

(9)

S.I. 1987/1967; relevant amending instruments are S.I. 1995/1613 and 2927.

(10)

S.I. 1996/207; the relevant amending instrument is S.I. 1996/1517.