2005 No. 2894
The Housing Benefit and Council Tax Benefit (Miscellaneous Amendments) (No.4) Regulations 2005
Made
Laid before Parliament
Coming into force
The Secretary of State for Work and Pensions, makes the following Regulations in exercise of the powers conferred upon him by sections 130(2), 135(5) and (6), 136(4), (5)(a) and (b), 136A(3), 137(c) and (d), 175(1), (3) and (4) of the Social Security Contributions and Benefits Act 19921, sections 5(1)(a), (b), (hh), (i) and (k), 6(1)(a), (b), (hh) and (l), 7A(1)(a) and (2)(b), 189(1) and (4) and 191 of the Social Security Administration Act 19922, section 79(1) and (8) of the Social Security Act 19983 and paragraphs 1, 13, 14, 15, 20 and 23 of Schedule 7 to the Child Support, Pensions and Social Security Act 20004.
In accordance with section 176(1)(b) of that Social Security Administration Act 1992 he has consulted with organisations appearing to him to be representative of the authorities concerned. In accordance with section 173(1)(b) of that Act he has sought the agreement of the Social Security Advisory Committee that proposals in respect of these Regulations should not be referred to it.
Citation, commencement and interpretation1
1
These Regulations may be cited as the Housing Benefit and Council Tax Benefit (Miscellaneous Amendments) (No.4) Regulations 2005 and shall come into force on 10th November 2005.
2
In these Regulations—
“the Council Tax Benefit Regulations” means the Council Tax Benefit (General) Regulations 19925;
“the Housing Benefit Regulations” means the Housing Benefit (General) Regulations 19876;
“the Housing Benefit and Council Tax Benefit (Decisions and Appeals) Regulations” means the Housing Benefit and Council Tax Benefit (Decisions and Appeals) Regulations 20017.
Amendment of the Housing Benefit Regulations2
1
Subject to paragraph (2), the Housing Benefit Regulations shall be amended in accordance with the following paragraphs.
2
The amendments made by paragraphs (5), (7), (9) and (13) are to the Housing Benefit Regulations as modified in their application to persons to whom regulation 2(1) of the Housing Benefit and Council Tax Benefit (State Pension Credit) Regulations 20038 applies.
3
In regulation 29 (interpretation) in the definition of “appropriate DWP office” after “Pensions” insert “dealing with state pension credit or an office”.
4
In regulation 21A10 (treatment of childcare charges)—
a
in paragraph (6) for “(2)” substitute “(2ZA) and (2ZC)(b)”; and
b
in paragraph (6)(c) for “28 weeks immediately preceding the date of claim” substitute “the period beginning 28 weeks before the first Monday in September following that person’s fifteenth birthday and ending on the day preceding the first Monday in September following that person’s sixteenth birthday.”.
5
In regulation 27(10)(c) (treatment of childcare charges) for “28 weeks immediately preceding the date of claim” substitute “the period beginning 28 weeks before the first Monday in September following that person’s fifteenth birthday and ending on the day preceding the first Monday in September following that person’s sixteenth birthday.”.
6
In regulation 29(4)(a)11 (calculation of net earnings of employed earners), for “in the year of assessment in which the claim was made”, substitute “applicable to the assessment period”.
7
In regulation 31(5)(a)12 (calculation of net earnings of employed earners), for “in the year of assessment in which the claim was made”, substitute “applicable to the assessment period”.
8
In regulation 3213 (deduction of tax and contributions of self-employed earners)—
a
in paragraph (1) for “in the year of assessment in which the claim was made” substitute “applicable to the assessment period”;
b
in both sub-paragraphs (a) and (b) of paragraph (2)—
i
for “at the date of claim”, substitute “to the assessment period”; and
ii
for “in which the date of claim falls”, substitute “applicable to the assessment period”.
9
In regulation 3514 (deduction of tax and contributions of self-employed earners)—
a
in paragraph (1) for “in the year of assessment in which the claim was made” substitute “applicable to the assessment period”;
b
in both sub-paragraphs (a) and (b) of paragraph (2)—
i
for “at the date of claim”, substitute “to the assessment period”; and
ii
for “in which the date of claim falls”, substitute “applicable to the assessment period”.
10
In regulation 34(1)15 (capital treated as income) for “review” substitute “revision or supersession”.
11
In regulation 35(7)(a)16 (notional income), for “in the year of assessment in which the claim was made” substitute “applicable to the assessment period”.
12
In regulation 41(b)(i) (calculation of capital in the United Kingdom) for “review” substitute “revision or supersession”.
13
In regulation 40(b)(i) (calculation of capital in the United Kingdom) for “review” substitute “revision or supersession”.
14
In regulation 5917 (income treated as capital)—
a
in paragraph (3), for “paragraph 13(2) of Schedule 4” substitute “paragraph (4)”; and
b
after paragraph (3), insert—
4
In sub-paragraph (3)—
a
“rent” means eligible rent less any deductions in respect of non-dependants which fall to be made under regulation 63 (non-dependant deductions);
b
the expression “ordinary clothing or footwear” means clothing or footwear for normal daily use, but does not include school uniforms, or clothing or footwear used solely for sporting activities.
15
In Part X (claims), except regulation 71, for “four weeks” each time it appears substitute “one month”.
16
In regulation 7218 (time and manner in which claims are to be made)—
a
in paragraph (4)—
i
in sub-paragraph (a) after “incapacity benefit” insert “, state pension credit”; and
ii
in sub-paragraph (f) omit the words from “an office” to the end and substitute “an authorised office.”;
b
in paragraph (5)—
i
omit sub-paragraphs (aa), (aaa), (b) and (c); and
ii
immediately before sub-paragraph (d) insert—
cc
in a case where the claimant is the former partner of a person who was, at the date of his death or their separation, entitled to housing benefit and the claimant makes a claim within one month of the date of the death or the separation, that date;
ccc
except where sub-paragraph (a), (bb) or (cc) is satisfied, in a case where a properly completed claim is received in a designated office, an authorised office or an appropriate DWP office within one month, or such longer period as the relevant authority considers reasonable, of the date on which the claim form was issued following the claimant first notifying, by whatever means, a designated office, an authorised office or an appropriate DWP office of his intention of making a claim, the date of first notification; and
iii
in sub-paragraph (d) after “designated office” add “, authorised office or appropriate DWP office”;
c
in paragraph (8)(a)—
i
after “requested to complete it” insert “or the evidence”; and
ii
after “the request” omit the words “to complete”; and
d
after paragraph (17) add—
18
In this regulation “authorised office” means an office which is nominated by the Secretary of State and authorised by the relevant authority for receiving claims for decision by the relevant authority.
17
In regulation 91(1)19 (payment on account of a rent allowance) after “requested” insert “or which has been requested by the Secretary of State”.
18
In regulation 94(1A)20 (circumstances in which payment may be made to a landlord) after “on a claim” insert “, or a supersession under paragraph 4 of Schedule 7 to the Child Support, Pensions and Social Security Act 2000”.
19
In Schedule 2A paragraph 6(2)(a) 21 (applicable amounts for persons who have attained or whose partner has attained the qualifying age for state pension credit), after “single claimant” insert “, lone parent”.
20
In Schedule 422 (sums to be disregarded in the calculation of income other than earnings)—
a
in paragraph 13—
i
omit sub-paragraphs (1) and (2);
ii
for sub-paragraph (2A), substitute—
2A
Subject to sub-paragraph (3), any of the following payments—
a
a charitable payment;
b
a voluntary payment;
c
a payment (not falling within sub-paragraph (a) or (b) above) from a trust whose funds are derived from a payment made in consequence of any personal injury to the claimant;
d
a payment under an annuity purchased—
i
pursuant to any agreement or court order to make payments to the claimant; or
ii
from funds derived from a payment made,
in consequence of any personal injury to the claimant; or
e
a payment (not falling within sub-paragraphs (a) to (d)) received by virtue of any agreement or court order to make payments to the claimant in consequence of any personal injury to the claimant.
iii
in sub-paragraph (3), for “sub-paragraphs (1) to (2A)”, substitute “sub-paragraph (2A)”; and
iv
omit sub-paragraphs (4), (5) and (6); and
b
in paragraph 33, omit “paragraph 13(1)”.
Amendment of the Council Tax Benefit Regulations3
1
Subject to paragraph (2), the Council Tax Benefit Regulations shall be amended in accordance with the following paragraphs.
2
The amendments made by paragraphs (5), (7), (9) and (13) are to the Council Tax Benefit Regulations as modified in their application to persons to whom regulation 12(1) of the Housing Benefit and Council Tax Benefit (State Pension Credit) Regulations 200323 applies.
3
In regulation 224 (interpretation) in the definition of “appropriate social security office” after “Pensions” insert “dealing with state pension credit or an office”.
4
In regulation 13A25 (treatment of childcare charges)—
a
in paragraph (6) for “(2)” substitute “(2ZA) and (2ZC)(b)”; and
b
in paragraph (6)(c) for “28 weeks immediately preceding the date of claim” substitute “the period beginning 28 weeks before the first Monday in September following that person’s fifteenth birthday and ending on the day preceding the first Monday in September following that person’s sixteenth birthday.”.
5
In regulation 19(10)(c) (treatment of childcare charges) in paragraph (6)(c) for “28 weeks immediately preceding the date of claim” substitute “the period beginning 28 weeks before the first Monday in September following that person’s fifteenth birthday and ending on the day preceding the first Monday in September following that person’s sixteenth birthday.”.
6
In regulation 20(4)(a)26 (calculation of net earnings of employed earners), for “in the year of assessment in which the claim was made”, substitute “applicable to the assessment period”.
7
In regulation 23(5)(a)27 (calculation of net earnings of employed earners), for “in the year of assessment in which the claim was made”, substitute “applicable to the assessment period”.
8
In regulation 23(1)28 (deduction of tax and contributions of self-employed earners)—
a
in paragraph (1) for “in the year of assessment in which the claim was made” substitute “applicable to the assessment period”;
b
in both sub-paragraphs (a) and (b) of paragraph (2)—
i
for “at the date of claim”, substitute “to the assessment period”; and
ii
for “in which the date of claim falls”, substitute “applicable to the assessment period”.
9
In regulation 27(1)29(deduction of tax and contributions of self-employed earners)—
a
in paragraph (1) for “in the year of assessment in which the claim was made” substitute “applicable to the assessment period”;
b
in both sub-paragraphs (a) and (b) of paragraph (2)—
i
for “at the date of claim”, substitute “to the assessment period”; and
ii
for “in which the date of claim falls”, substitute “applicable to the assessment period”.
10
In regulation 25(1) of the Council Tax Benefit regulations (capital treated as income) for “review” substitute “revision or supersession”.
11
In regulation 26(7)(a)30 (notional income), for “in the year of assessment in which the claim was made” substitute “applicable to the assessment period”.
12
In regulation 32(b)(i) (calculation of capital in the United Kingdom) for “review” substitute “revision or supersession”.
13
In regulation 32(b)(i) (calculation of capital in the United Kingdom) for “review” substitute “revision or supersession”.
14
In regulation 4931 (income treated as capital)—
a
in paragraph (3), for “paragraph 13(2) of Schedule 4” substitute “paragraph (4)”; and
b
after paragraph (3), insert—
4
In sub-paragraph (3)—
a
“rent” means eligible rent less any deductions in respect of non-dependants which fall to be made under regulation 63 (non-dependant deductions);
b
the expression “ordinary clothing or footwear” means clothing or footwear for normal daily use, but does not include school uniforms, or clothing or footwear used solely for sporting activities.
15
In Part VIII (claims), except regulation 61, for “four weeks” each time it appears substitute “one month”.
16
In regulation 6232 (time and manner in which claims are to be made)—
a
in paragraph (4)—
i
in sub-paragraph (a) after “incapacity benefit” insert “, state pension credit”; and
ii
in sub-paragraph (f) omit the words from “an office” to the end and substitute “authorised office.”;
b
in paragraph (5)—
i
omit sub-paragraphs (aa), (aaa), (b) and (d); and
ii
immediately before sub-paragraph (e) insert—
dd
in a case where the claimant is the former partner of a person who was, at the date of his death or their separation, entitled to council tax benefit and where the claimant makes a claim for council tax benefit within one month of the date of the death or the separation, that date;
ddd
except where sub-paragraph (a), (c) or (dd) is satisfied, in a case where a properly completed claim is received in a designated office, an authorised office or an appropriate social security office within one month of the date on which a claim form was issued following the claimant first notifying, by whatever means, a designated office, an authorised office or an appropriate social security office of his intention of making a claim, the date of first notification; and
iii
in sub-paragraph (e) after “designated office” insert “, authorised office or appropriate social security office”;
c
in paragraph (8)(a)—
i
after “requested to complete it” insert “or the evidence”; and
ii
after “of the request” omit “to complete”; and
d
after paragraph (16) add—
17
In this regulation “authorised office” means an office which is nominated by the Secretary of State and authorised by the relevant authority for receiving claims for decision by the relevant authority.
17
In Schedule 1A paragraph 6(2)(a)33 (applicable amounts for those who have attained or whose partner has attained the qualifying age for state pension credit), after “single claimant” insert “, lone parent”.
18
In Schedule 434 (sums to be disregarded in the calculation of income other than earnings)—
a
in paragraph 13—
i
omit sub-paragraphs (1) and (2);
ii
for sub-paragraph (2A), substitute—
2A
Subject to sub-paragraph (3), any of the following payments—
a
a charitable payment;
b
a voluntary payment;
c
a payment (not falling within sub-paragraph (a) or (b) above) from a trust whose funds are derived from a payment made in consequence of any personal injury to the claimant;
d
a payment under an annuity purchased—
i
pursuant to any agreement or court order to make payments to the claimant; or
ii
from funds derived from a payment made,
in consequence of any personal injury to the claimant; or
e
a payment (not falling within sub-paragraphs (a) to (d) received by virtue of any agreement or court order to make payments to the claimant in consequence of any personal injury to the claimant.
iii
in sub-paragraph (3), for “sub-paragraphs (1) to (2A)”, substitute “sub-paragraph (2A)”;
iv
omit sub-paragraphs (4), (5) and (6); and
b
in paragraph 34, omit “paragraph 13(1)”.
19
In Schedule 6 paragraph 13(f)35 (matters to be included in the decision notice), after “income support”, insert “state pension credit”.
Amendment of the Housing Benefit and Council Tax Benefit (Decisions and Appeals) Regulations 20014
In regulation 14(2) of the Housing Benefit and Council Tax Benefit (Decisions and Appeals) Regulations (termination in case of a failure to furnish information) for sub-paragraph (a) substitute—
a
subject to sub-paragraph (b), before the end of the period under regulation 13(4) for the provision of information;
Signed by authority of the Secretary of State for Work and Pensions.
(This note is not part of the Regulations)