The Income-related Benefits Schemes (Miscellaneous Amendments) (No. 2) Regulations 1993

Amendment of the Council Tax Benefit Regulations

5.—(1) The Council Tax Benefit Regulations shall be amended in accordance with the provisions of this regulation.

(2) In regulation 69 (review of determinations)—

(a) in paragraph (1) at the beginning there shall be inserted the words “Subject to paragraph (1A),”;

(b) after paragraph (1) there shall be inserted the following paragraph—

“(1A) In paragraph (1)(c) the expression “a mistake as to the law” shall not include any question as to whether, in making any provision in a regulation or Order, the Secretary of State went beyond the powers exercisable by him.”;

(c) in paragraph (2) after the words “Notwithstanding paragraph (1),” there shall be inserted the words “except in the case of a question to which paragraph (1A) refers,”.

(3) In Schedule 1 paragraph 14 (severe disability premium)—

(a) in sub-paragraph (2)(a) for the words “or lone parent” there shall be substituted the words “, a lone parent or a claimant who is treated as having no partner in consequence of sub-paragraph (2A)”;

(b) after sub-paragraph (2) there shall be inserted the following sub-paragraph

“(2A) Where a claimant has a partner who does not satisfy the condition in sub-paragraph (2)(b)(ii), and that partner is blind or is treated as blind within the meaning of paragraph 13(1)(a)(v) and (2), that partner shall be treated for the purposes of sub-paragraph (2)(b)(ii) as if he were not a partner of the claimant.”;

(c) in sub-paragraph (3) the word “either” shall be omitted and after head (b) the word “or” and the following head shall be added—

“(c) a person who is blind or is treated as blind within the meaning of paragraph 13(1)(a)(v) and (2).”.