The Council Tax Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 2006

1. Introductory Text

2. PART 1 General

   1. 1. Citation and commencement

   2. 2. Interpretation

   3. 3. Definition of non-dependant

   4. 4. Section 1(1A) of the Administration Act disapplied

   5. 5. Application of Regulations

   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

5. PART 4 Income and capital

   1. SECTION 1

      General

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

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

   2. SECTION 2

      Income and capital

      1. 15. Calculation of income and capital

      2. 16. Claimant in receipt of guarantee credit

      3. 17. Calculation of claimant’s income in savings credit only cases

      4. 18. Calculation of income and capital where state pension credit is not payable

      5. 19. Meaning of “income”

      6. 20. Calculation of income on a weekly basis

      7. 21. Treatment of child care charges

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

      9. 23. Calculation of weekly income

      10. 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. Calculation of earnings of self-employed earners

      2. 28. Earnings of self-employed earners

      3. 29. Calculation of net profit of self-employed earners

      4. 30. Deduction of tax and contributions for self-employed earners

   5. SECTION 5

      Other income

      1. 31. Notional income

      2. 32. Income paid to third parties

   6. SECTION 6

      Capital

      1. 33. Capital limit

      2. 34. Calculation of capital

      3. 35. Calculation of capital in the United Kingdom

      4. 36. Calculation of capital outside the United Kingdom

      5. 37. Notional capital

      6. 38. Diminishing notional capital rule

      7. 39. Capital jointly held

6. PART 5 Amount of benefit

   1. 40. Maximum council tax benefit

   2. 41. Reduction where amount payable under regulation 60 of the Council Tax Regulations 2006

   3. 42. Non-dependant deductions

   4. 43. Council tax benefit taper

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

   6. 45. Continuing payments where state pension credit claimed

   7. 46. Alternative maximum council tax benefit

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

7. PART 6 Period of entitlement, changes of circumstances and increases for exceptional circumstances

   1. 48. Date on which entitlement is to begin

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

   3. 50. Date on which change of circumstances is to take effect

   4. 51. Change of circumstances where state pension credit in payment

8. PART 7 Claims

   1. 52. Who may claim

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

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

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

   5. 56. Time for claiming council tax benefit

   6. 57. Evidence and information

   7. 58. Amendment and withdrawal of claim

   8. 59. Duty to notify changes of circumstances

9. PART 8 Decisions on questions

   1. 60. Decisions by a relevant authority

   2. 61. Notification of decision

10. PART 9 Awards or payments of benefit

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

    2. 63. Person to whom benefit is to be paid

    3. 64. Shortfall in benefit

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

    5. 66. Offsetting

11. PART 10 Excess benefit

    1. 67. Meaning of excess benefit

    2. 68. Recoverable excess benefit

    3. 69. Authority by which recovery may be made

    4. 70. Persons from whom recovery may be sought

    5. 71. Methods of recovery

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

    7. 73. Diminution of capital

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

    9. 75. Recovery of excess benefit from prescribed benefits

12. PART 11 Information

    1. SECTION 1

       Claims and information

       1. 76. Interpretation

       2. 77. Collection of information

       3. 78. Recording and holding information

       4. 79. Forwarding of information

       5. 80. Request for information

    2. SECTION 2

       Information between authorities etc.

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

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

13. Signature

14. 1. SCHEDULE 1

       Applicable amounts

    2. SCHEDULE 2

       Sums disregarded from claimant’s earnings

    3. SCHEDULE 3

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

    4. SCHEDULE 4

       Capital disregards

    5. SCHEDULE 5

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

    6. SCHEDULE 6

       Amount of alternative maximum council tax benefit

    7. SCHEDULE 7

       Matters to be included in the decision notice

15. Explanatory Note