The Council Tax Benefit (General) Regulations 1992

1. Introductory Text

2. PART I General

   1. 1. Citation and commencement

   2. 2. Interpretation

   3. 3. Definition of non-dependant

   4. 4. Remunerative work

3. PART II Membership of a family

   1. 5. Persons of prescribed description for the definition of family in section 137(1) of the Contributions and Benefits Act 1992

   2. 6. Circumstances in which a person is to be treated as responsible or not responsible for another

   3. 7. Circumstances in which a person is to be treated as being or not being a member of the household

4. PART III Applicable amounts

   1. 8. Applicable amounts

   2. 9. Polygamous marriages

   3. 10. Patients

5. PART IV Income and Capital

   1. CHAPTER I

      General

      1. 11. Calculation of income and capital of members of claimant’s family and of a polygamous marriage

      2. 12. Circumstances in which income of non-dependant is to be treated as claimant's

   2. CHAPTER II

      Income

      1. 13. Calculation of income on a weekly basis

      2. 14. Average weekly earnings of employed earners

      3. 15. Average weekly earnings of self-employed earners

      4. 16. Average weekly income other than earnings

      5. 17. Calculation of weekly income

      6. 18. Disregard of changes in tax, contributions etc

   3. CHAPTER III

      Employed Earners

      1. 19. Earnings of employed earners

      2. 20. Calculation of net earnings of employed earners

   4. CHAPTER IV

      Self-employed Earners

      1. 21. Earnings of self-employed earners

      2. 22. Calculation of net profit of self-employed earners

      3. 23. Deduction of tax and contributions for self-employed earners

   5. CHAPTER V

      Other Income

      1. 24. Calculation of income other than earnings

      2. 25. Capital treated as income

      3. 26. Notional income

      4. 27. Modifications in respect of child and young person

   6. CHAPTER VI

      Capital

      1. 28. Capital limit

      2. 29. Calculation of capital

      3. 30. Disregard of capital of child or young person

      4. 31. Income treated as capital

      5. 32. Calculation of capital in the United Kingdom

      6. 33. Calculation of capital outside the United Kingdom

      7. 34. Notional capital

      8. 35. Diminishing notional capital rule

      9. 36. Capital jointly held

      10. 37. Calculation of tariff income from capital

6. PART V Students

   1. CHAPTER I

      General

      1. 38. Interpretation

      2. 39. Treatment of students

      3. 40. Students who are excluded from entitlement to council tax benefit

      4. 41. Further provision with respect to students entering the United Kingdom from abroad

   2. CHAPTER II

      Income

      1. 42. Calculation of grant income

      2. 43. Calculation of covenant income where a contribution is assessed

      3. 44. Covenant income where no grant income or no contribution is assessed

      4. 45. Relationship with amounts to be disregarded under Schedule 4

      5. 46. Other amounts to be disregarded

      6. 47. Treatment of student loans

      7. 48. Disregard of contribution

      8. 49. Income treated as capital

      9. 50. Disregard of changes occurring during summer vacation

7. PART VI Amount of Benefit

   1. 51. Maximum council tax benefit

   2. 52. Non-dependant deductions

   3. 53. Council tax benefit taper

   4. 54. Alternative maximum council tax benefit

   5. 55. Residents of a dwelling to whom section 131(6) of the Contributions and Benefits Act 1992 does not apply

8. PART VII Benefit periods and changes of circumstances and increases for exceptional circumstances

   1. 56. Date on which entitlement is to begin

   2. 57. Benefit period

   3. 58. Date on which benefit period is to end

   4. 59. Date on which change of circumstance is to take effect

   5. 60. Increases of weekly amounts for exceptional circumstances

9. PART VIII Claims

   1. 61. Who may claim

   2. 62. Time and manner in which claims are to be made

   3. 63. Evidence and information

   4. 64. Amendment and withdrawal of claim

   5. 65. Duty to notify changes of circumstances

10. PART IX Determination of questions

    1. 66. Who is to make a determination

    2. 67. Notification of determinations

    3. 68. Time and manner of making notifications, requests or representations

    4. 69. Review of determinations

    5. 70. Further review of determinations

    6. 71. Procedure on further review

    7. 72. Decisions upon further review

    8. 73. Effect of revising a determination

    9. 74. Correction of accidental errors in determinations and decisions

    10. 75. Setting aside of determinations and decisions on certain grounds

    11. 76. Provisions common to regulations 74 and 75

11. PART X Awards or payments of benefit

    1. 77. Time and manner of granting council tax benefit

    2. 78. Person to whom benefit is to be paid

    3. 79. Shortfall in benefit

    4. 80. Withholding of benefit

    5. 81. Payment on death of the person entitled

    6. 82. Offsetting

12. PART XI Excess benefit

    1. 83. Meaning of excess benefit

    2. 84. Recoverable excess benefit

    3. 85. Authority by which recovery may be made

    4. 86. Person from whom recovery may be sought

    5. 87. Methods of recovery

    6. 88. Further provision as to recovery of excess benefit

    7. 89. Diminution of capital

    8. 90. Sums to be deducted in calculating recoverable excess benefit

    9. 91. Recovery of excess benefit from prescribed benefits

13. PART XII Information

    1. 92. Information to be supplied by the Secretary of State to an appropriate authority

    2. 93. Information to be supplied by an appropriate authority to the Secretary of State

14. Signature

15. SCHEDULES

    1. Schedule 1

       Applicable amounts

    2. Schedule 2

       Amount of alternative maximum council tax benefit

    3. Schedule 3

       Sums to be disregarded in the calculation of earnings

    4. Schedule 4

       Sums to be disregarded in the calculation of income other than earnings

    5. Schedule 5

       Capital to be disregarded

    6. Schedule 6

       Matters to be included in the notice of determination

    7. Schedule 7

       Constitution of review boards

16. Explanatory Note