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The Council Tax Benefit Regulations 2006

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  1. Introductory Text

  2. PART 1 General

    1. 1.Citation and commencement

    2. 2.Interpretation

    3. 3.Definition of non-dependant

    4. 4.Disapplication of section 1(1A) of the Administration Act

    5. 5.Persons who have attained the qualifying age for state pension credit

    6. 6.Remunerative work

    7. 7.Persons from abroad

    8. 8.Prescribed persons for the purposes of section 131(3)(b) of the Act

  3. PART 2 Membership of a family

    1. 9.Persons of prescribed description for the definition of family in section 137(1) of the Act

    2. 10.Circumstances in which a person is to be treated as responsible or not responsible for another

    3. 11.Circumstances in which a person is to be treated as being or not being a member of the household

  4. PART 3 Applicable amounts

    1. 12.Applicable amounts

    2. 13.Polygamous marriages

    3. 14.Patients

  5. PART 4 Income and capital

    1. SECTION 1

      General

      1. 15.Calculation of income and capital of members of claimant’s family and of a polygamous marriage

      2. 16.Circumstances in which capital and income of non-dependant is to be treated as claimant's

    2. SECTION 2

      Income

      1. 17.Calculation of income on a weekly basis

      2. 18.Treatment of child care charges

      3. 19.Average weekly earnings of employed earners

      4. 20.Average weekly earnings of self-employed earners

      5. 21.Average weekly income other than earnings

      6. 22.Calculation of average weekly income from tax credits

      7. 23.Calculation of weekly income

      8. 24.Disregard of changes in tax, contributions etc

    3. SECTION 3

      Employed earners

      1. 25.Earnings of employed earners

      2. 26.Calculation of net earnings of employed earners

    4. SECTION 4

      Self-employed earners

      1. 27.Earnings of self-employed earners

      2. 28.Calculation of net profit of self-employed earners

      3. 29.Deduction of tax and contributions of self-employed earners

    5. SECTION 5

      Other income

      1. 30.Calculation of income other than earnings

      2. 31.Capital treated as income

      3. 32.Notional income

    6. SECTION 6

      Capital

      1. 33.Capital limit

      2. 34.Calculation of capital

      3. 35.Disregard of capital of child and young person

      4. 36.Income treated as capital

      5. 37.Calculation of capital in the United Kingdom

      6. 38.Calculation of capital outside the United Kingdom

      7. 39.Notional capital

      8. 40.Diminishing notional capital rule

      9. 41.Capital jointly held

      10. 42.Calculation of tariff income from capital

  6. PART 5 Students

    1. SECTION 1

      General

      1. 43.Interpretation

      2. 44.Treatment of students

      3. 45.Students who are excluded from entitlement to council tax benefit

    2. SECTION 2

      Income

      1. 46.Calculation of grant income

      2. 47.Calculation of covenant income where a contribution is assessed

      3. 48.Covenant income where no grant income or no contribution is assessed

      4. 49.Relationship with amounts to be disregarded under Schedule 4

      5. 50.Other amounts to be disregarded

      6. 51.Treatment of student loans

      7. 52.Treatment of payments from access funds

      8. 53.Disregard of contribution

      9. 54.Further disregard of student’s income

      10. 55.Income treated as capital

      11. 56.Disregard of changes occurring during summer vacation

  7. PART 6 Amount of benefit

    1. 57.Maximum council tax benefit

    2. 58.Non-dependant deductions

    3. 59.Council tax benefit taper

    4. 60.Extended payments

    5. 61.Extended payments (severe disablement allowance and incapacity benefit)

    6. 62.Alternative maximum council tax benefit

    7. 63.Residents of a dwelling to whom section 131(6) of the Act does not apply

  8. PART 7 Changes of circumstances and increases for exceptional circumstances

    1. 64.Date on which entitlement is to begin

    2. 65.Date on which council tax benefit is to end

    3. 66.Date on which council tax benefit is to end where entitlement to severe disablement allowance or incapacity benefit ceases

    4. 67.Date on which change of circumstances is to take effect

  9. PART 8 Claims

    1. 68.Who may claim

    2. 69.Time and manner in which claims are to be made

    3. 70.Date of claim where claim sent or delivered to a gateway office

    4. 71.Date of claim where claim sent or delivered to an office of a designated authority

    5. 72.Evidence and information

    6. 73.Amendment and withdrawal of claim

    7. 74.Duty to notify changes of circumstances

  10. PART 9 Decisions on questions

    1. 75.Decisions by a relevant authority

    2. 76.Notification of decision

  11. PART 10 Awards or payments of benefit

    1. 77.Time and manner of granting council tax benefit

    2. 78.Persons to whom benefit is to be paid

    3. 79.Shortfall in benefit

    4. 80.Payment on the death of the person entitled

    5. 81.Offsetting

  12. PART 11 Excess benefit

    1. 82.Meaning of excess benefit

    2. 83.Recoverable excess benefit

    3. 84.Authority by which recovery may be made

    4. 85.Persons from whom recovery may be sought

    5. 86.Methods of recovery

    6. 87.Further provision as to recovery of excess benefit

    7. 88.Diminution of capital

    8. 89.Sums to be deducted in calculating recoverable excess benefit

    9. 90.Recovery of excess benefit from prescribed benefits

  13. PART 12 Information

    1. SECTION 1

      Claims and information

      1. 91.Interpretation

      2. 92.Collection of information

      3. 93.Recording and holding information

      4. 94.Forwarding of information

      5. 95.Request for information

    2. SECTION 2

      Information between authorities etc.

      1. 96.Information to be supplied by an authority to another authority

      2. 97.Supply of information: extended payments (severe disablement allowance and incapacity benefit)

  14. Signature

    1. SCHEDULE 1

      Applicable amounts

    2. SCHEDULE 2

      Amount of alternative maximum council tax benefit

    3. SCHEDULE 3

      Sums to be disregarded in the calculation of earnings

    4. SCHEDULE 4

      Sums to be disregarded in the calculation of income other than earnings

    5. SCHEDULE 5

      Capital to be disregarded

    6. SCHEDULE 6

      Extended payments of council tax benefit

    7. SCHEDULE 7

      Extended payments (severe disablement allowance and incapacity benefit) of council tax benefit

    8. SCHEDULE 8

      Matters to be included in decision notice

  15. Explanatory Note

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