The Housing Benefit and Council Tax Benefit (Miscellaneous Amendments) (No.3) Regulations 2005

Amendment of Council Tax Benefit Regulations

3.—(1) The Council Tax Benefit Regulations shall be amended in accordance with the following provisions of this regulation.

(2) The amendments made by paragraphs (3), (6) and (13) are to the Council Tax Benefit Regulations as modified in their application to persons to whom regulation 12(1) of the State Pension Credit Regulations applies.

(3) In regulation 8(1) (applicable amounts)—

(a) omit paragraphs (2), (3) and (4) shall be omitted;

(b) for paragraph (5) there shall be substituted—

“(5) In Schedule 1A(2)—

“additional spouse” means a spouse by the party to the marriage who is additional to the party to the marriage;

“patient” means a person (other than a person who is serving a sentence of imprisonment or detention in a youth custody institution) who is regarded as receiving free in-patient treatment within the meaning of the Social Security (Hospital In-Patients) Regulations 1975.”;

(c) paragraphs (6) and (7) shall be omitted.

(4) Regulation 10(3) (patients) shall be omitted.

(5) In regulation 13A(4)(c)(4) (treatment of child care charges) for the words “within the meaning of regulation 10(2) (patients)” there shall be substituted “, which in this regulation shall mean a person (other than a person who is serving a sentence of imprisonment or detention in a youth custody institution) who is regarded as receiving free in-patient treatment within the meaning of the Social Security (Hospital In-Patients) Regulations 1975.”.

(6) In regulation 20(12) (calculation of weekly income)—

(a) for “section” there shall be substituted “Part”;

(b) the words “war widow’s or” shall be omitted.

(7) In regulation 52(7)(d)(5) for heads (i) and (ii) there shall be substituted—

“(i) “patient” has the meaning given in paragraph (6) of regulation 4C(6), and

(ii) where a person has been a patient for two or more distinct periods separated by one or more intervals each not exceeding 28 days, he shall be treated as having been a patient continuously for a period equal in duration to the total of those distinct periods.”.

(8) In regulation 59 (date on which change of circumstances is to take effect) paragraph (1A)(7) shall be omitted.

(9) In regulation 65(7)(8) (duty to notify changes of circumstances), sub-paragraph (b) shall be omitted.

(10) In regulation 79(1)(9) (short-fall in benefit)—

(a) the words “of a review board” shall be omitted;

(b) in sub-paragraph (b), for the words “decision on review” there shall be substituted “revision of the decision”.

(11) In Schedule 1(applicable amounts)—

(a) in paragraph 13(1)(a)(iii)(10)—

(i) the words from “except” to “applies” shall be omitted, and

(ii) for “regulation 10(2) (patients)” there shall be substituted “regulation 13A(4)(c) (treatment of child care charges)”;

(b) in paragraph 14A(2)(11)—

(i) in sub-paragraph (b)(ii) for “regulation 10(2)” there shall be substituted “regulation 13A(4)(c)”, and

(ii) in sub-paragraph (c) for “regulation 10(2)” there shall be substituted “regulation 13A(4)(c)”.

(12) In Schedule 2(12) (amount of alternative maximum council tax benefit), in the table in paragraph 1, after sub-paragraph (b) there shall be inserted—

“(c) Where the dwelling would be wholly occupied by one or more persons to whom regulation 40(2) applies but for the presence of one or more second adults who are in receipt of income support, state pension credit or are persons on an income-based jobseekers' allowance

(c) 100 per cent”.

(13) In paragraph 8(1)(g) of Schedule 5(13) (capital to be disregarded) omit from “where” to “circumstances” shall be omitted.

(14) In paragraph 21(2) of Schedule 5ZA, after sub-paragraph (l) there shall be inserted—

“(m) any discretionary housing payment paid pursuant to regulation 2(1) of the Discretionary Financial Assistance Regulations 2001; or

(n) working tax credit.”

(15) In paragraph 9(2)(b) of Schedule 6(14) (matters to be included in the decision notice) omit from “and” to “benefit” shall be omitted.

(1)

Relevant amending instruments are S.I. 2003/1195 and 2275.

(2)

Schedule 1A was inserted by S.I. 2003/325.

(3)

Relevant amending instruments are S.I. 1993/688, 1996/2432, 2003/1195 and 2005/522.

(4)

Regulation 13A was inserted by S.I. 1994/1924.

(5)

The relevant amending instrument is S.I. 2003/1195.

(6)

Regulation 4C was inserted by S.I.1995/625 and amended by S.I.2005/573.

(7)

Paragraph (1A) of regulation 59 was inserted by S.I. 2003/308.

(8)

The relevant amending instrument is S.I. 2003/2275.

(9)

The relevant amending instruments are S.I. 2001/1264 and 1605.

(10)

The relevant amending instrument is S.I. 1995/560. There are others but none are relevant.

(11)

Paragraph 14A of Schedule 1 was inserted by S.I. 2000/2629 and amended by S.I. 2003/1195 and 2005/573.

(12)

Relevant amending instruments are S.I. 1993/688, 963 and 1249, 1996/1510, 2003/325, 2004/154 and 2005/522.

(13)

Sub-paragraph (1)(g) of paragraph (8) was inserted by S.I. 2002/2402.

(14)

Sub-paragraph (2) of paragraph 9 was inserted by S.I. 2003/325 and amended by S.I. 2003/2275.