The Social Security (Welfare to Work) Regulations 1998

Amendment of the Council Tax Benefit (General) Amendment Regulations 1997

9.  In regulation 3 of the Council Tax Benefit (General) Amendment Regulations 1997(1) (saving)–

(a) in paragraph (1) for the words “paragraph (2)” there shall be substituted the words “paragraphs (2) to (8)”;

(b) in paragraph (2)(a) at the end there shall be added the year “1998”;

(c) after paragraph (3) the following paragraphs shall be added–

“(4) Subject to paragraphs (5) to (7) below, where a person to whom paragraph (1) applies (“the claimant”) becomes, or whose partner becomes, a welfare to work beneficiary and

(a) the claimant ceases to be entitled to council tax benefit in respect of his residence in the relevant dwelling but subsequently becomes re-entitled to council tax benefit in respect of the same residence; and

(b) the first day of that entitlement is within 52 weeks of the claimant or his partner becoming a welfare to work beneficiary,

paragraphs (1) to (3) above shall again have effect in his case as if his entitlement to council tax benefit had been continuous.

(5) Where the claimant ceases to be entitled to council tax benefit within the last 12 weeks of the 52 weeks following the date he or his partner becomes a welfare to work beneficiary, the period of 52 weeks to which paragraph (4)(b) refers shall be extended by an additional period of weeks equal to the difference between 12 weeks and the number of weeks remaining in the 52 week period when he ceased to be entitled to council tax benefit.

(6) Paragraphs (1) to (3) above shall continue to have effect in the case of a claimant who–

(a) has ceased to be a welfare to work beneficiary or whose partner has ceased to be such a beneficiary; and

(b) is entitled to council tax benefit at the end of the 52 week period to which paragraph (4)(b) refers.

(7) Where–

(a) a claimant dies or ceases to reside in the relevant dwelling within 52 weeks of becoming a welfare to work beneficiary;

(b) more than 12 weeks have elapsed since the claimant’s entitlement to benefit ended;

(c) the claimant’s partner was resident in the dwelling concerned on 31st March 1998;

(d) the partner has remained continuously resident in that dwelling since that date; and

(e) the partner claims council tax benefit within 12 weeks of the date the claimant died or ceased to reside in the relevant dwelling,

paragraph (1) above shall apply to the partner as if it was the partner whose entitlement to council tax benefit has been continuous.

(8) For the purposes of this regulation “welfare to work beneficiary” means a person to whom regulation 13A(1) of the Social Security (Incapacity for Work) (General) Regulations 1995 applies.”.

(1)

S.I. 1997/1841; regulation 3 was inserted by S.I. 1998/911.