2013 No. 458

Social Security

The Council Tax Benefit Abolition (Consequential Provision) Regulations 2013

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 by section 32 of the Welfare Reform Act 20121.

Citation and commencement1

These Regulations may be cited as the Council Tax Benefit Abolition (Consequential Provision) Regulations 2013 and come into force on 1st April 2013.

Extent and application2

1

Subject to paragraph (2), each of the revocations and amendments made by these Regulations has the same extent and application as the provision revoked or amended.

2

The revocations in Schedule 1 in respect of the following Regulations apply in relation to England only—

a

the National Assistance (Assessment of Resources) Regulations 19922;

b

the Housing Renewal Grants Regulations 19963.

Revocations3

The provisions specified in column 1 of Schedule 1 to these Regulations are revoked to the extent specified in column 3 of that Schedule.

Consequential amendments4

The amendments specified in Schedule 2 to these Regulations have effect.

Signed by authority of the Secretary of State for Work and Pensions.

FreudParliamentary Under-Secretary of State,Department for Work and Pensions

SCHEDULE 1Revocations

Regulation 3

Statutory Instrument

Statutory Instrument Number

Extent of Revocation

The Income Support (General) Regulations 1987

1987/1967

In Schedule 9, paragraph 524.

The Social Security (Claims and Payments) Regulations 1987

1987/1968

In regulations 4(6B)(b)(i) and (iv)5, 4B(2)(a) and (b)6, 4D(4)(a) and (d)7, 4H(3)(a), (b) and (c)8 and 32B(2)(a) and (d)9, the words “or council tax benefit”.

In regulation 32ZZA(2)10, the words “and the Council Tax Benefit Regulations 2006”.

The Child Support (Maintenance Assessments and Special Cases) Regulations 1992

1992/1815

In regulation 1(2), the definition of “council tax benefit”.

In regulation 11(1)(j)(i)11, the words “, less any applicable council tax benefit”.

In regulation 11(1)(j)(ii), the words—

  1. a

    “, less any council tax benefit applicable to that share”;

  2. b

    “, less any council tax benefit applicable to such amount”.

In Schedule 2 paragraph 7, the words “or council tax benefit”.

The National Assistance (Assessment of Resources) Regulations 1992

1992/2977

In regulation 2(1), the definition of “council tax benefit”.

In Schedule 3, paragraph 28.

The Jobseeker’s Allowance Regulations 1996

1996/207

In regulation 24A(2)12, the words “and the Council Tax Benefit Regulations 2006”.

In Schedule 7, paragraph 51.

The Social Security Benefit (Computation of Earnings) Regulations 1996

1996/2745

In Schedule 2, paragraph 8(a)13

  1. a

    the words, “either council tax benefit or”;

  2. b

    paragraph (ii)(aa);

  3. c

    the words, “either regulation 18(1)(c) of the Council Tax Benefit Regulations 2006 (treatment of child care charges) or, as the case may be,”.

The Housing Renewal Grants Regulations 1996

1996/2890

In regulation 2(1), the definition of “council tax benefit”.

Regulation 10(3)(a)(i)14.

In Schedule 2 paragraph 12, the words “council tax benefit,”.

In Schedule 3—

  1. a

    in paragraph 4(a)15, the words “council tax benefit,”;

  2. b

    paragraph 4916.

In Schedule 4—

  1. a

    in paragraph 6(a), the words “council tax benefit,”;

  2. b

    paragraph 45.

The Social Security (Child Maintenance Bonus) Regulations 1996

1996/3195

Regulation 14(b).

The Social Security (Immigration and Asylum) Consequential Amendments Regulations 2000

2000/636

In regulation 2—

  1. a

    in paragraphs (1) and (4)(a), the words “or council tax benefit”;

  2. b

    in paragraph (6), the words “, council tax benefit”.

The Discretionary Financial Assistance Regulations 2001

2001/1167

In regulation 2—

  1. a

    in paragraph (1)(a) the words, “council tax benefit or to both”;

  2. b

    in paragraph (1)(b), the words “or benefits”;

  3. c

    paragraph (3)(a).

In regulation 3—

  1. a

    in sub-paragraph (c), the words “in a case where the person is entitled to housing benefit but not council tax benefit”;

  2. b

    sub-paragraphs (d)17 and (e).

In regulation 4—

  1. a

    in sub-paragraph (a)18 the words, “, other than payments in respect of council tax,”;

  2. b

    sub-paragraph (b).

In regulation 5(2), the words

“council tax benefit or to both”.

In regulation 6—

  1. a

    in paragraph (1)(b)(i), the words “, as the case may be, council tax benefit”;

  2. b

    in paragraph (2), the words “or council tax benefit.”

The State Pension Credit Regulations 2002

2002/1792

Regulation 15(1)(m).

In Schedule 5, in paragraph 20A(4)19 in paragraph (a) of the definition of “official error”, the words “or council tax benefit.”

The Housing Benefit Regulations 2006

2006/213

In regulation 109(3)20, the words “or council tax benefit”.

In Schedule 5, paragraph 5121.

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

2006/214

Regulation 29(1)(j)(xii).

In regulation 90(3)22 and in paragraph 5(2) and (3) of Schedule 4, the words “or council tax benefit”.

In Schedule 6, in paragraph 22(4) in paragraph (a) of the definition of “official error”, the words “or council tax benefit”.

The Housing Benefit and Council Tax Benefit (Electronic Communications) Order 2006

2006/2968

Articles 4 and 5.

The Independent Living Fund (2006) Order 2007

2007/2538

Articles 10 and 11.

The Employment and Support Allowance Regulations 2008

2008/794

In Schedule 8, paragraph 65.

The Social Security (National Insurance Number Information: Exemption) Regulations 2009

2009/471

Regulations 11 and 12.

The Welfare Reform Act 2009 (Section 26) (Consequential Amendments) Regulations 2010

2010/424

Regulations 10 and 11.

The Housing and Regeneration Act 2008 (Consequential Provisions) (No. 2) Order 2010

2010/671

In Schedule 1, paragraphs 62 and 63.

The Local Education Authorities and Children’s Services Authorities (Integration of Functions) (Local and Subordinate Legislation) Order 2010

2010/1172

In Schedule 3, paragraph 65.

The Health and Social Care Act 2008 (Miscellaneous Consequential Amendments) Order 2010

2010/1881

Articles 22 and 23.

The Apprenticeships, Skills, Children and Learning Act 2009 (Consequential Amendments to Subordinate Legislation) (England) Order 2010

2010/1941

Articles 16 and 17.

The Adoption and Children (Scotland) Act 2007 (Consequential Modifications) Order 2011

2011/1740

In Schedule 1, paragraphs 41 and 42.

The Public Services Reform (Scotland) Act 2010 (Consequential Modifications of Enactments) Order 2011

2011/2581

In Schedule 2, paragraphs 53 and 54.

The Social Security (Electronic Communications) (No 2) Order 2011

2011/2943

Articles 4 and 5.

The Young People’s Learning Agency Abolition (Consequential Amendments to Subordinate Legislation) (England) Order 2012

2012/956

Articles 13 and 14.

The Social Security (Information-sharing in relation to Welfare Services etc.) Regulations 2012

2012/1483

Regulation 6(1)(k).

The Treaty of Lisbon (Changes in Terminology or Numbering) Order 2012

2012/1809

In Part 2 of the Schedule in the table, the lines beginning—

  1. a

    “Council Tax Benefit Regulations 2006”;

  2. b

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

SCHEDULE 2Consequential amendments

Regulation 4

The Income Support (General) Regulations 19871

In regulation 51A(3)(d) (diminishing notional capital rule) of the Income Support (General) Regulations 198723 for “has the same meaning as in regulation 2(1) of the Council Tax Benefit Regulations 2006 (interpretation)” substitute “means a period of 7 consecutive days beginning on a Monday and ending on a Sunday”.

The Social Security (Claims and Payments) Regulations 19872

For regulation 33(1A) (persons unable to act) of the Social Security (Claims and Payments) Regulations 198724 substitute—

1A

Where a person has been appointed under regulation 82(3) of the Housing Benefit Regulations 2006 or regulation 63(3) of the Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 2006 by a relevant authority within the meaning of those Regulations to act on behalf of another in relation to a benefit claim or award, the Secretary of State may, if the person agrees, treat him as if he had appointed him under paragraph (1).

The Jobseeker’s Allowance Regulations 19963

In regulation 114(3)(c) (diminishing notional capital rule) of the Jobseeker’s Allowance Regulations 199625 for “has the same meaning as in regulation 2(1) of the Council Tax Benefit (General) Regulations 1992 (interpretation)” substitute “means a period of 7 consecutive days beginning on a Monday and ending on a Sunday”.

The Child Support Departure Direction and Consequential Amendments Regulations 19964

In regulation 12 (meaning of “benefit” for the purposes of section 28E of the Act) of the Child Support Departure Direction and Consequential Amendments Regulations 199626 for “, housing benefit, and council tax benefit” substitute “and housing benefit”.

The Child Support (Variations) Regulations 20005

In regulation 32 (meaning of “benefit” for the purposes of section 28E of the Act) of the Child Support (Variations) Regulations 200027 for “, housing benefit and council tax benefit” substitute “and housing benefit”.

The State Pension Credit Regulations 20026

In regulation 22(3)(c) (diminishing notional capital rule) of the State Pension Credit Regulations 200228 for “has the same meaning as in regulation 2(1) of the Council Tax Benefit (General) Regulations 1992 (interpretation)” substitute “means a period of 7 consecutive days beginning on a Monday and ending on a Sunday”.

The National Health Service (Travel Expenses and Remission of Charges) Regulations 20037

In regulation 17(1) (calculation of requirements) of the National Health Service (Travel Expenses and Remission of Charges) Regulations 200329 for sub-paragraph (b) substitute—

b

the amount which represents the weekly amount of any housing benefit to which the claimant or any member of his family is entitled under the provisions of Part 7 of the Social Security Contributions and Benefits Act 1992.

The Employment and Support Allowance Regulations 20088

In regulation 116(3)(c) (diminishing notional capital rule) of the Employment and Support Allowance Regulations 200830 for “has the same meaning as in regulation 2(1) of the Council Tax Benefit Regulations 2006 (interpretation)” substitute “means a period of 7 consecutive days beginning on a Monday and ending on a Sunday”.

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations make revocations and amendments consequential upon the abolition of council tax benefit.

Regulation 3 and Schedule 1 make provision for revocations.

Regulation 4 and Schedule 2 make consequential amendments.

A full impact assessment has not been produced for this instrument as it has no impact on the private sector or civil society organisations.