C1 Part VII Income-Related Benefits
General
134F15 Exclusions from benefit.
C41
No person shall be entitled to an income-related benefit if his capital or a prescribed part of it exceeds the prescribed amount.
C42
Except in prescribed circumstances the entitlement of one member of a family to any one income-related benefit excludes entitlement to that benefit for any other member for the same period.
F13
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
4
Where the amount of any income-related benefit would be less than a prescribed amount, it shall not be payable except in prescribed circumstances.
135F15The applicable amount.
C3C5C71
The applicable amount, in relation to any income-related benefit, shall be such amount or the aggregate of such amounts as may be prescribed in relation to that benefit.
C52
The power to prescribe applicable amounts conferred by subsection (1) above includes power to prescribe nil as an applicable amount.
F83
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F84
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
5
F9... the applicable amount for a severely disabled person shall include an amount in respect of his being a severely disabled person.
6
Regulations may specify circumstances in which persons are to be treated as being or as not being severely disabled.
C6136F15 Income and capital.
1
Where a person claiming an income-related benefit is a member of a family, the income and capital of any member of that family shall, except in prescribed circumstances, be treated as the income and capital of that person.
2
Regulations may provide that capital not exceeding the amount prescribed under section 134(1) above but exceeding a prescribed lower amount shall be treated, to a prescribed extent, as if it were income of a prescribed amount.
3
Income and capital shall be calculated or estimated in such manner as may be prescribed.
4
A person’s income in respect of a week shall be calculated in accordance with prescribed rules; and the rules may provide for the calculation to be made by reference to an average over a period (which need not include the week concerned).
5
Circumstances may be prescribed in which—
a
a person is treated as possessing capital or income which he does not possess;
b
capital or income which a person does possess is to be disregarded;
c
income is to be treated as capital;
d
capital is to be treated as income.
136AF15F10Effect of attaining qualifying age for state pension credit
1
Subsections (2) and (3) below apply in relation to housing benefit and council tax benefit in the case of any person who has attained the qualifying age for state pension credit.
2
Regulations may make provision for section 134(1) or any provision of section 136 above not to have effect in relation to those benefits in the case of any such person.
3
In relation to those benefits, regulations may make provision for the determination of the income and capital of any such person; and any such regulations may include provision applying (with such modifications as the Secretary of State thinks fit)—
a
section 5 of the State Pension Credit Act 2002 (provision for treating income of spouse as income of claimant, etc), and
b
section 15 of that Act (determination of income and capital for purposes of state pension credit).
4
Regulations under subsection (3) above may also include provision—
a
authorising or requiring the use of any calculation or estimate of a person’s income or capital made by the Secretary of State for the purposes of the State Pension Credit Act 2002; or
b
requiring that, if and so long as an assessed income period is in force under section 6 of that Act in respect of a person falling within subsection (1) above,—
i
the assessed amount of any element of his retirement provision shall be treated as the amount of that element for the purposes of housing benefit or council tax benefit; and
ii
his income shall be taken for those purposes not to include any element of retirement provision which it is taken not to include for the purposes of state pension credit by virtue of a determination under subsection (5) of section 7 of that Act.
5
In subsection (4) above “assessed amount”, “element” and “retirement provision” have the same meaning as in the State Pension Credit Act 2002.
6
The Secretary of State may by regulations make provision for the preceding provisions of this section to apply with modifications in cases to which section 12 of the State Pension Credit Act 2002 (polygamous marriages) applies.
7
The provision that may be made by regulations under subsection (6) above includes any provision that may be made by regulations under section 133 above.
137 Interpretation of Part VII and supplementary provisions.
F151
In this Part of this Act, unless the context otherwise requires—
F2“billing authority” has the same meaning as in Part I of the Local Government Finance Act 1992;“child” means a person under the age of 16;F16“couple” means—- a
two people who are married to, or civil partners of, each other and are members of the same household; or - b
two people who are not married to, or civil partners of, each other but are living together as a married couple otherwise than in prescribed circumstances;
- a
F3
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .F3
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .“dwelling” means any residential accommodation, whether or not consisting of the whole or part of a building and whether or not comprising separate and self-contained premises;“family” means—- a
aF12couple; - b
aF12coupleand a member of the same household for whom one of them is or both are responsible and who is a child or a person of a prescribed description; - c
except in prescribed circumstances, a person who is not a member of aF12coupleand a member of the same household for whom that person is responsible and who is a child or a person of a prescribed description;
- a
F5“income-based jobseeker’s allowance” has the same meaning as in the Jobseekers Act 1995;“industrial injuries scheme” means a scheme made under Schedule 8 to this Act or section 159 of the 1975 Act or under the Old Cases Act;F7
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .F14“local authority” in relation to Scotland means a council constituted under section 2 of the Local Governmentetc.(Scotland) Act 1994;F13
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .F3
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .F3
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .F11“pensionable age” has the meaning given by the rules in paragraph 1 of Schedule 4 to the Pensions Act 1995 (c. 26);“prescribed”means specified in or determined in accordance with regulations;F11“the qualifying age for state pension credit” is (in accordance with section 1(2)(b) and (6) of the State Pension Credit Act 2002)—- (a)
in the case of a woman, pensionable age; or - (b)
in the case of a man, the age which is pensionable age in the case of a woman born on the same day as the man;
- (a)
F11“state pension credit” means state pension credit under the State Pension Credit Act 2002;F13
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .“war pension scheme” means a scheme under which war pensions (as defined in section 25 of theM1Social Security Act 1989) are provided;“week”, in relation toF4council tax benefit, means a period of 7 days beginning with a Monday.
F171A
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
2
Regulations may make provision for the purposes of this Part of this Act—
a
as to circumstances in which a person is to be treated as being or not being in Great Britain;
b
continuing a person’s entitlement to benefit during periods of temporary absence from Great Britain;
c
as to what is or is not to be treated as remunerative work or as employment;
F6d
as to circumstances in which a person is or is not to be treated as engaged or normally engaged in remunerative work;
e
as to what is or is not to be treated as relevant education;
f
as to circumstances in which a person is or is not to be treated as receiving relevant education;
g
specifying the descriptions of pension increases under war pension schemes or industrial injuries schemes that are analogous to the benefits mentioned in section 129(2)(b)(i) to (iii) above;
h
as to circumstances in which a person is or is not to be treated as occupying a dwelling as his home;
i
for treating any person who is liable to make payments in respect of a dwelling as if he were not so liable;
j
for treating any person who is not liable to make payments in respect of a dwelling as if he were so liable;
k
for treating as included in a dwelling any land used for the purposes of the dwelling;
l
as to circumstances in which persons are to be treated as being or not being members of the same household;
m
as to circumstances in which one person is to be treated as responsible or not responsible for another.
Pt. 7: power to modify conferred (1.7.1992) by Social Security Administration Act 1992 (c. 5), ss. 150(7), 151, 192(4).