1988 No. 1483 (S. 145)
The Housing Benefit (Social Security Act 1986 Modifications) (Scotland) Regulations 1988
Made
Laid before Parliament
Coming into force
The Secretary of State for Social Security, in exercise of the powers conferred by section 24 of the Abolition of Domestic Rates Etc (Scotland) Act 19871 and of all other powers enabling him in that behalf, hereby makes the following Regulations:
Citation, commencement and interpretation1
1
These Regulations may be cited as the Housing Benefit (Social Security Act 1986 Modifications) (Scotland) Regulations 1988 and shall come into force on 21st September 1988.
2
In these Regulations—
“the Act” means the Social Security Act 19862;
“the 1987 Act” means the Abolition of Domestic Rates Etc (Scotland) Act 1987.
Modifications of provisions relating to housing benefit in the Act2
The provisions relating to housing benefit in the Act shall, in their application to Scotland, be modified in accordance with the following regulations.
Modification of section 20 of the Act3
In section 20 of the Act3 (income related benefits)—
a
in paragraph (a) of subsection (7) the words “and also if, in respect of a particular day falling after 31st March 1989 but before 1st April 1990, the condition in subsection (7A) below is satisfied;” shall be added at the end;
b
after subsection (7) there shall be inserted—
7A
The condition to which subsection (7)(a) above refers is that—
a
in respect of the day the person concerned is shown in a community charges register as being liable to pay the personal community charge and is not there shown as undertaking a full time course of education or nursing education on the day; or
b
the day consists of or falls within a contribution period in respect of which the person concerned is liable to pay a collective community charge contribution under section 11(11) of the 1987 Act.
c
after subsection (9) there shall be inserted—
9ZA
Subsection (9) above does not prevent different members of the same family becoming entitled to different housing benefits in respect of personal community charges or collective community charge contributions by virtue of their fulfilling the conditions in respect of different charges or of different contribution periods.
d
in subsection (11)—
i
after the definition of “child” there shall be inserted—
“community charge rebate” shall be construed in accordance with section 28 below;
ii
after the definition of “married couple” there shall be inserted—
“personal community charge” means payments to which section 8 of the 1987 Act refers;
Modification of section 28 of the Act4
Section 28 of the Act (arrangements for housing benefits) shall be modified as follows—
a
in subsection (1) after paragraph (a) there shall be inserted—
aa
is to be in the form of a community charge rebate funded and administered by the appropriate levying authority, if it is in respect of payments by way of personal community charges or collective community charge contributions;
b
after subsection (2) there shall be inserted—
2A
Regulations as to housing benefit in the form of a community charge rebate may make in respect of such benefit as regards any case where a person is a member of a married or unmarried couple, or a party to a polygamous marriage, throughout a particular day provision corresponding, with or without modifications, to that which might be made in respect of a community charge benefit by virtue of section 22A or 22B5 above.
c
after subsection (3) there shall be inserted—
3A
For the purposes of this section as it applies to community charge rebates the appropriate levying authority—
a
in relation to a payment by way of personal community charge is the levying authority to which that payment is made; and
b
in relation to a payment by way of collective community charge contributions is the levying authority in whose area are situated the premises in respect of residence in which for a contribution period that payment is made.
d
after subsection (10) there shall be inserted—
11
In this section a polygamous marriage means any marriage during the subsistence of which a party to it is married to more than one person and the ceremony of marriage took place under the law of a country which permits polygamy.
Modification of section 30 of the Act5
Section 30 (housing benefit finance) shall be modified as follows—
a
in subsection (1) at the beginning there shall be inserted the words “Subject to subsection (1A) below,”;
b
after subsection (1) there shall be inserted
1A
For the financial year 1989—90, the Secretary of State shall pay a subsidy to be known as “community charge rebate subsidy” to each levying authority.
c
in subsections (2) and (3) after the words “subsection (1)” in the three places in which they occur there shall be inserted the words “or (1A)”.
Modification of section 85 of the Act6
In section 85(1) (financial provision) after sub-paragraph (a)(v) there shall be added
vi
community charge rebate subsidy;
Signed by authority of the Secretary of State for Social Security.
(This note is not part of the Regulations)