The Income-related Benefits Schemes and Social Fund (Miscellaneous Amendments) Regulations 1996

Diminishing notional capital

4.—(1) Regulation 35 of the Council Tax Benefits Regulations and regulation 43A of the Housing Benefit Regulations (diminishing notional capital rule)(1) shall be amended in accordance with the following sub-paragraphs.

(2) In paragraph (3) of regulation 35 after sub-paragraph (e) the word “and” shall be omitted and after sub-paragraph (f)(2) the word “and” and the following sub-paragraph shall be added—

“(g) where the claimant has also applied for earnings top-up, the amount of any earnings top-up or any additional amount of earnings top-up 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 rule 40(1) of the Earnings Top-up Scheme (notional capital).”.

(3) In paragraph (3) of regulation 43A after sub-paragraph (e) the word “and” shall be omitted and after sub-paragraph (f)(3) the word “and” and the following sub-paragraph shall be added—

“(g) where the claimant has also applied for earnings top-up, the amount of any earnings top-up or any additional amount of earnings top-up to which he would have been entitled in respect of the benefit week to which paragraph (2) refers but for the application of rule 40(1) of the Earnings Top-up Scheme (notional capital).”.

(4) In paragraph (4) of each regulation after sub-paragraph (e) the word “and” shall be omitted and after sub-paragraph (f)(4) the word “and” and the following sub-paragraph shall be added—

“(g) if the claimant would, but for rule 40(1) of the Earnings Top-up Scheme, have been entitled to earnings top-up or to an additional amount of earnings top-up in respect of the earnings top-up week which includes the last day of the relevant week, the amount which is equal to—

(i) in a case where no earnings top-up is payable, the amount to which he would have been entitled, or

(ii) in any other case, the additional amount of earnings top-up to which he would have been entitled.”.

(1)

Regulation 43A was inserted in the Housing Benefit Regulations by S.I. 1990/1775; relevant amending instruments S.I. 1991/235, 1599, 1992/2148, 1993/317 and 1996/1510.

(2)

Sub-paragraph (f) was inserted in regulation 35(3) of the Council Tax Benefit Regulations by S.I. 1996/1510 regulation 32(2).

(3)

Sub-paragraph (f) was inserted in regulation 43A(3) of the Housing Benefit Regulations by S.I. 1996/1510 regulation 8(2).

(4)

Sub-paragraph (f) was inserted in regulation 35(4) of the Council Tax Benefit Regulations by S.I. 1996/1510 regulation 32(3) and in regulation 43A(3) of the Housing Benefit Regulations by S.I. 1996/1510 regulation 8(3).