The Housing Benefit and Council Tax Benefit(General) Amendment Regulations 1999

Increase in earnings disregards: amendment of the Council Tax Benefit Regulations

6.—(1) At the end of Schedule 3 to the Council Tax Benefit Regulations there shall be added the following paragraph—

“16.— (1) In a case where the claimant is a person who satisfies the conditions set out in either sub-paragraph (2) or (3), and his net earnings equal or exceed the total of the amounts set out in sub-paragraph (4), the amount of his earnings that falls to be disregarded under paragraphs 3 to 8 of this Schedule shall be increased by a sum equal to either—

(a) the credit referred to in regulation 46(1)(aa) of the Family Credit Regulations if he satisfies the conditions of sub-paragraph (2); or

(b) the allowance referred to in regulation 51(1)(bb) of the Disability Working Allowance Regulations if he satisfies the conditions of sub-paragraph (3),

and in a case where the claimant satisfies the conditions of both sub-paragraphs (2) and (3), his disregarded earnings shall be increased by the higher of the two sums, or if they are the same, by the amount of the credit referred to in sub-paragraph (a) above.

(2) The conditions of this sub-paragraph are that—

(a) the claimant, or if he is a member of a couple either the claimant or his partner, is a person to whom regulation 46(1)(aa) of the Family Credit Regulations applies; or

(b) (i) the claimant, or if he is a member of a couple one member of that couple is or both members are, engaged in remunerative work for on average not less than 30 hours a week; and

(ii) the claimant’s applicable amount includes a family premium under paragraph 3 of Schedule 1.

(3) The conditions of this sub-paragraph are that—

(a) the claimant, or if he is a member of a couple either the claimant or his partner, is a person to whom regulation 51(1)(bb) of the Disability Working Allowance Regulations applies; or

(b) (i) the claimant, or if he is a member of a couple one member of that couple is or both members are, engaged in remunerative work for on average not less than 30 hours per week;

(ii) the claimant’s applicable amount includes a disability premium or a higher pensioner premium under paragraph 11 or 12 of Schedule 1 respectively; and

(iii) where he is a member of a couple, at least one member of that couple satisfies the qualifying conditions for the disability premium or higher pensioner premium referred to in sub-head (ii) above and is engaged in remunerative work for on average not less than 16 hours per week.

(4) The following are the amounts referred to in sub-paragraph (1) above—

(a) the amount calculated as disregardable from the claimant’s earnings under paragraphs 3 to 8 of this Schedule;

(b) the amount of child care charges calculated as deductible under regulation 13(1)(c); and

(c) (i) in the case of a claimant who satisfies the conditions of sub-paragraph (2), the amount of the credit referred to in regulation 46(1)(aa) of the Family Credit Regulations; or

(ii) in the case of a claimant who satisfies the conditions of sub-paragraph (3), the amount of the allowance referred to in regulation 51(1)(bb) of the Disability Working Allowance Regulations;

and in a case where the claimant satisfies the conditions of both sub-paragraphs (2) and (3) the higher of the two amounts shall be taken into account, or if they are the same, the amount of the credit referred to in sub-head (i) above shall be used.

(5) The provisions of regulation 4 shall apply in determining whether or not a person works for not less than 30 hours per week, but as if the reference of 16 hours in paragraph (1) of that regulation was a reference to 30 hours.

(6) In this paragraph—

“the Family Credit Regulations” means the Family Credit (General) Regulations 1987(1); and

“the Disability Working Allowance Regulations” means the Disability Working Allowance (General) Regulations 1991(2).”.

(2) In paragraphs 56 and 57 of Schedule 4 to the Council Tax Benefit Regulations(3) at the beginning of each there shall be inserted the words—

“Except in a case which falls under paragraph 16 of Schedule 3,”.

(1)

S.I. 1987/1973; regulation 46(1)(aa) was inserted by S.I. 1995/1339.

(2)

S.I. 1991/2887; regulation 56(1)(bb) was inserted by S.I. 1995/1339.

(3)

Paragraphs 56 and 57 were substituted by regulation 4 of S.I. 1996/462.