The Housing Benefit, Council Tax Benefit and Supply of Information (Jobseeker’s Allowance) (Consequential Amendments) Regulations 1996

Amendment of regulation 35 of the Council Tax Benefit Regulations

32.—(1) Regulation 35 of the Council Tax Benefit Regulations (diminishing notional capital rule)(1) shall be amended in accordance with the following provisions of this regulation.

(2) In paragraph (3)—

(a) at the end of sub-paragraph (d) the word “and” shall be omitted; and

(b) at the end of the paragraph the word “and” shall be inserted and the following new sub-paragraph shall be added—

“(f) where the claimant has also claimed a jobseeker’s allowance, the amount of an income-based jobseeker’s allowance to which he would have been entitled in respect of the whole or part of the benefit week to which paragraph (2) refers but for the application of regulation 113 of the Jobseeker’s Allowance Regulations 1996 (notional capital)(2).”.

(3) In paragraph (4)—

(a) at the end of sub-paragraph (d) the word “and” shall be omitted; and

(b) at the end of the paragraph the word “and” shall be inserted and the following new sub-paragraph shall be added—

“(f) if the claimant would, but for regulation 113 of the Jobseeker’s Allowance Regulations 1996, have been entitled to an income-based jobseeker’s allowance in respect of the benefit week, within the meaning of regulation 1(3) of those Regulations (interpretation), which includes the last day of the relevant week, the amount to which he would have been entitled and, for the purposes of this sub-paragraph, if the amount is in respect of a part-week, that amount shall be determined by dividing the amount of the income-based jobseeker’s allowance to which he would have been so entitled by the number equal to the number of days in the part-week and multiplying the quotient so obtained by 7.”.

(4) In paragraph (8)(b)—

(a) for the words “paragraph (4)(d)” there shall be substituted the words “paragraph (4)(d) and (f)”;

(b) after the words “income support” there shall be inserted the words “, or, as the case may be, an income-based jobseeker’s allowance,”.

(1)

Relevant amending instrument is S.I. 1993/688.

(2)

S.I. 1996/207.