The Housing Benefit (Community Charge Rebates) (Scotland) Regulations 1988

Regulations 7 and 8

SCHEDULE 1 APPLICABLE AMOUNTS

Regulations 7(a) and 8(a) and (b)

PART I PERSONAL ALLOWANCES

1.  The amounts specified in column (2) below in respect of each person or couple specified in column (1) shall be the amounts specified for the purposes of regulations 7(a) and 8(a) and (b)–

(1)	(2)
Person or Couple	Amount
(1) Single claimant aged–
(a) not less than 18 but less than 25;	(1) (a) £26.05
(b) not less than 25.	(b) £33.40
(2) Lone parent	(2) £33.40
(3) Couple	(3) £51.45

2.  The amounts specified in column (2) below in respect of each person specified in column (1) shall be the amounts specified for the purposes of regulations 7(b) and 8(c)–

(1)	(2)
Child or Young Person	Amount
Person aged–
(a) less than 11;	(a) £10.75
(b) not less than 11 but less than 16;	(b) £16.10
(c) not less than 16 but less than 18;	(c) £19.40
(d) not less than 18.	(d) £26.05

Regulations 7(c) and 8(d)

PART II FAMILY PREMIUM

3.  The amount for the purposes of regulations 7(c) and 8(d) in respect of a family of which at least one member is a child or young person shall be £6.15.

Regulations 7(d) and 8(e)

PART III PREMIUMS

4.  Except as provided in paragraph 5, the premiums specified in Part IV of this Schedule shall, for the purposes of regulations 7(d) and 8(e), be applicable to a claimant who satisfies the condition specified in paragraphs 8 to 14 in respect of that premium.

5.  Subject to paragraph 6, where a claimant satisfies the conditions in respect of more than one premium in this Part of this Schedule, only one premium shall be applicable to him and, if they are different amounts, the higher or highest amount shall apply.

6.—(1) The severe disability premium to which paragraph 13 applies may be applicable in addition to either the higher pensioner premium to which paragraph 10 applies or the disability premium to which paragraph 11 applies.

(2) The disabled child premium to which paragraph 14 applies may be applicable in addition to any other premium which may apply under this Schedule.

7.  For the purposes of this Part of this Schedule, once a premium is applicable to a claimant under this Part, a person shall be treated as being in receipt of any benefit for–

(a) in the case of a benefit to which the Social Security (Overlapping Benefits) Regulations 1979(1) applies, any period during which, apart from the provisions of those Regulations, he would be in receipt of that benefit; and

(b) any period spent by a person in undertaking a course of training or instruction provided or approved under section 2 of the Employment and Training Act 1973(2).

Lone Parent Premium

8.  The condition is that the claimant is a member of a family but has no partner.

Pensioner Premium

9.  The condition is that the claimant–

(a) is a single claimant or lone parent aged not less than 60 but less than 80; or

(b) has a partner and is, or his partner is, aged not less than 60 but less than 80.

Higher Pensioner Premium

10.—(1) Where the claimant is a single claimant or a lone parent, the condition is that–

(a) he is aged not less than 80; or

(b) he is aged less than 80 but not less than 60, and

(i) the additional condition specified in paragraph 12(1)(a) is satisfied, or

(ii) the claimant was in receipt of housing benefit and the disability premium was applicable to him in respect of a benefit week within 8 weeks of his 60th birthday and he has, subject to sub-paragraph (3), remained continuously in receipt of housing benefit since attaining that age.

(2) Where the claimant has a partner, the condition is that–

(a) he or his partner is aged not less than 80; or

(b) he or his partner is aged less than 80 but not less than 60 and either–

(i) the additional condition specified in paragraph 12(1)(a) is satisfied, or

(ii) the claimant was in receipt of housing benefit and the disability premium was applicable to him in respect of a benefit week within 8 weeks of his 60th birthday and he has, subject to sub-paragraph (3), remained continuously in receipt of housing benefit since attaining that age.

(3) For the purposes of this paragraph and paragraph 12–

(a) once the higher pensioner premium is applicable to a claimant, if he then ceases, for a period of 8 weeks or less, to be entitled to housing benefit, he shall, on becoming re-entitled to housing benefit, thereafter be treated as having been continuously entitled to that benefit;

(b) where sub-paragraphs (1)(b)(ii) and (2)(b)(ii) apply, if a claimant ceases to be entitled to housing benefit for a period not exceeding 8 weeks which includes his 60th birthday, he shall, on becoming re-entitled to housing benefit, thereafter be treated as having been continuously entitled to that benefit.

Disability Premium

11.  The condition is that–

(a) where the claimant is a single claimant or lone parent, he is aged less than 60 and the additional condition specified in paragraph 12 is satisfied; or

(b) where the claimant has a partner, either–

(i) the claimant is aged less than 60 and the additional condition specified in paragraph 12(1)(a) or (b) is satisfied by him, or

(ii) his partner is aged less than 60 and the additional condition specified in paragraph 12(1)(a) is satisfied by his partner.

Additional Condition for the Higher Pensioner and Disability Premiums

12.—(1) Subject to sub-paragraph (2) and paragraph 7, the additional condition referred to in paragraphs 10 and 11 is that either–

(a) the claimant or, as the case may be, his partner–

(i) is in receipt of one or more of the following benefits: attendance allowance, mobility allowance, mobility supplement, an invalidity pension under section 15 of the Social Security Act(3) or severe disablement allowance under section 36 of that Act(4) but, in the case of invalidity pension or severe disablement allowance, only where it is paid in respect of him, or

(ii) was in receipt of either mobility allowance or invalidity pension under section 15 of the Social Security Act when entitlement to that benefit ceased solely on account of the maximum age for its payment being reached and the claimant has since remained continuously entitled to housing benefit and, if the mobility allowance or invalidity pension was payable to his partner, the partner is still a member of the family, or

(iii) was in receipt of attendance allowance which is no longer in payment solely on account of the claimant or, as the case may be, his partner having been or having been treated as undergoing treatment for a period of more than 4 weeks by virtue of regulation 5 of the Social Security (Attendance Allowance) (No. 2) Regulations 1975(5), or

(iv) is provided by the Secretary of State with an invalid carriage or other vehicle under section 5(2) of the National Health Service Act 1977(6) (other services) or, in Scotland, under section 46 of the National Health Service (Scotland) Act 1978(7) (provision of services) or receives payments by way of grant from the Secretary of State under paragraph 2 of Schedule 2 to that 1977 Act (additional provisions as to vehicles) or under that section 46, or

(v) is blind and in consequence registered in a register compiled by a local authority under section 29 of the National Assistance Act 1948(8) (welfare services) or has been certified as blind and in consequence he is registered in a register maintained by or on behalf of a regional or islands council; or

(b) the claimant is and has, in respect of a continuous period of not less than 28 weeks, been treated as having been incapable of work for the purposes of one or more of the provisions of the Social Security Act or Part I of the Social Security and Housing Benefits Act 1982(9) or, if he was in Northern Ireland for the whole or part of that period, was treated as having been incapable of work for the purposes of one or more of the comparable Northern Irish provisions.

(2) For the purposes of sub-paragraph (1)(a)(v), a person who has ceased to be registered as blind on regaining his eyesight shall nevertheless be treated as blind and as satisfying the additional condition set out in that sub-paragraph for a period of 28 weeks following the date on which he ceased to be so registered.

(3) For the purposes of sub-paragraph (1)(b), once the higher pensioner premium or the disability premium is applicable to a claimant by virtue of his satisfying the additional condition specified in that provision, if he then ceases, for a period of 8 weeks or less, to be treated as incapable of work for the purposes of the provisions specified in that provision he shall, on again becoming so incapable of work, immediately thereafter be treated as satisfying the condition in sub-paragraph (1)(b).

(4) For the purposes of sub-paragraph (1)(a)(ii) and (iii), once the higher pensioner premium is applicable to the claimant by virtue of his satisfying the condition specified in that provision, if he then ceases, for a period of 8 weeks or less, to be entitled to housing benefit, he shall on again becoming so entitled to housing benefit, immediately thereafter be treated as satisfying the condition in sub-paragraph (1)(a)(ii) and (iii).

Severe Disability Premium

13.—(1) The condition is that the claimant is a severely disabled person.

(2) For the purposes of sub-paragraph (1), a claimant shall be treated as being a severely disabled person if, and only if–

(a) in the case of a single claimant or lone parent–

(i) he is in receipt of attendance allowance, and

(ii) subject to sub-paragraph (3), he has no non-dependants aged 18 or over residing with him, and

(iii) no-one is in receipt of an invalid care allowance under section 37 of the Social Security Act(10) in respect of caring for him;

(b) in the case of a claimant who has a partner–

(i) the claimant is in receipt of attendance allowance, and

(ii) his partner is also in receipt of such an allowance or, if he is a member of a polygamous marriage, all the partners of that marriage are in receipt of such an allowance, and

(iii) subject to sub-paragraph (3), the claimant has no non-dependants aged 18 or over residing with him

and either there is someone in receipt of an invalid care allowance in respect of caring for only one of a couple or, in the case of a polygamous marriage for one or more but not all the partners of the marriage, or else there is no-one in receipt of such an allowance in respect of caring for either member of a couple or any partner of a polygamous marriage.

(3) For the purposes of sub-paragraph (2)(a)(ii) and (2)(b)(iii) no account shall be taken of either–

(a) a person receiving attendance allowance; or

(b) a boarder.

Disabled Child Premium

14.  The condition is that a child or young person for whom the claimant or a partner of his is responsible and who is a member of the claimant’s household–

(a) has no capital or capital which, if calculated in accordance with Part IV in like manner as for the claimant except where otherwise provided, would not exceed £3000; and

(b) is in receipt of attendance allowance or mobility allowance or both or is no longer in receipt of such allowance because he is a patient, provided that the child or young person continues to be a member of the family; or

(c) is blind or treated as blind within the meaning of paragraph 12.

Persons in receipt of concessionary payments

15.  For the purpose of determining whether a premium is applicable to a person under paragraphs 12 to 14, any concessionary payment made to compensate that person for the non-payment of any benefit mentioned in those paragraphs shall be treated as if it were a payment of that benefit.

PART IV AMOUNTS OF PREMIUMS SPECIFIED IN PART III

Premium	Amount
16.  — (1) Lone Parent Premium	1.  £8.60
(2) Pensioner Premium–	2.
(a) where the claimant satisfies the condition in paragraph 9(a);	(a) £10.65
(b) where the claimant satisfies the condition in paragraph 9(b).	(b) £16.25
(3) Higher Pensioner Premium–	3.
(a) where the claimant satisfies the condition in paragraph 10(1)(a) or (b);	(a) £13.05
(b) where the claimant satisfies the condition in paragraph 10(2)(a) or (b).	(b) £18.60
(4) Disability Premium–	4.
(a) where the claimant satisfies the condition in paragraph 11(a);	(a) £13.05
(b) where the claimant satisfies the condition in paragraph 11(b).	(b) £18.60
(5) Severe Disability Premium–	5.
(a) where the claimant satisfies the condition in paragraph 13(2)(a);	(a) £24.75
(b)  where the claimant satisfies the condition in paragraph 13(2)(b)–
(i) in a case where there is someone in receipt of an invalid care allowance;	(b) (i) £24.75
(ii) in a case where there is no-one in receipt of such an allowance.	(ii) £49.50
(6) Disabled Child Premium	6.  £6.15 in respect of each child or young person in respect of whom the condition specified in paragraph 14 of Part III of this Schedule is satisfied.

Regulations 19(2), 21(2) and 26(3).

SCHEDULE 2 SUMS TO BE DISREGARDED IN THE CALCULATION OF EARNINGS

1.  In the case of a claimant who has been engaged in remunerative work as an employed earner or, had the employment been in Great Britain, would have been so engaged–

(a) any earnings paid or due to be paid in respect of that employment which has been terminated–

(i) by way of retirement but only if on retirement he is entitled to a retirement pension under the Social Security Act, or would be so entitled if he satisfied the contribution conditions,

(ii) otherwise than by retirement except earnings to which regulation 18(1)(b) to (e) and (g) to (i) applies (earnings of employed earners);

(b) any earnings paid or due to be paid in respect of that employment which has been interrupted except earnings to which regulation 18(1)(d) and (e) applies.

2.  In the case of a claimant who has been engaged in part-time employment as an employed earner or, had the employment been in Great Britain, would have been so engaged before he made a claim for housing benefit, any earnings paid or due to be paid in respect of that employment which has been terminated or interrupted before the claim is made except earnings to which regulation 18(1)(e) applies.

3.—(1) If the calculation of the claimant’s applicable amount includes an amount by way of–

(a) a disability premium or severe disability premium under Schedule 1, or

(b) (i) a higher pensioner premium under Schedule 1, and

(ii) he or his partner has attained the age of 60 and immediately before attaining that age either was engaged in employment and the claimant was entitled under sub-paragraph (a) to a disregard of £15, and

(iii) either he or his partner has continued in employment,

£15; but, notwithstanding regulation 10 (calculation of income and capital of members of claimant’s family and of a polygamous marriage), if this paragraph applies to a claimant it shall not apply to his partner except where, and to the extent that, the earnings of the claimant which are to be disregarded under this paragraph are less than £15.

(2) For the purposes of sub-paragraph (1)(b)(iii) no account shall be taken of any period not exceeding 8 consecutive weeks occurring on or after the date on which the claimant attained the age of 60 during which he ceased to be engaged in employment or to be entitled to housing benefit.

4.  If an amount by way of a lone parent premium under Schedule 1 is included in the calculation of the claimant’s applicable amount, £15.

5.  In a case where paragraph 3 does not apply to the claimant and he is one of a couple and a member of that couple is in employment, £10; but, notwithstanding regulation 10 (calculation of income and capital of members of claimant’s family and of a polygamous marriage), if this paragraph applies to a claimant it shall not apply to his partner except where, and to the extent that, the earnings of the claimant which are to be disregarded under this paragraph are less than £10.

6.—(1) In a case to which neither paragraph 3 nor 4 applies to the claimant, £15 of earnings derived from one or more employments as–

(a) a part-time fireman in a fire brigade maintained in pursuance of the Fire Services Acts 1947 to 1959(11);

(b) an auxiliary coastguard in respect of coast rescue activities;

(c) a person engaged part-time in the manning or launching of a life boat;

(d) a member of any territorial or reserve force prescribed in Part I of Schedule 3 to the Social Security (Contributions) Regulations 1979(12);

but, notwithstanding regulation 10 (calculation of income and capital of members of claimant’s family and of a polygamous marriage), if this paragraph applies to a claimant it shall not apply to his partner except to the extent specified in sub-paragraph (2).

(2) If the claimant’s partner is engaged in employment–

(a) specified in sub-paragraph (1), so much of his earnings as would not in aggregate with the amount of the claimant’s earnings disregarded under this paragraph exceed £15;

(b) other than one specified in sub-paragraph (1), so much of his earnings from that employment up to £10 as would not in aggregate with the claimant’s earnings disregarded under this paragraph exceed £15.

7.  Where the claimant is engaged in one or more employments specified in paragraph 6(1), but his earnings derived from such employments are less than £15 in any week and he is also engaged in any other employment so much of his earnings from that other employment, up to £5 if he is a single claimant, or up to £10 if he has a partner, as would not in aggregate with the amount of his earnings disregarded under paragraph 6 exceed £15.

8.  In a case to which none of the paragraphs 3 to 7 applies, £5.

9.  Any amount or the balance of any amount which would fall to be disregarded under paragraph 17, 18 or 27 of Schedule 3 had the claimant’s income which does not consist of earnings been sufficient to entitle him to the full disregard thereunder.

10.  Where a claimant is on income support, his earnings.

11.  Any earnings derived from employment which are payable in a country outside the United Kingdom for such period during which there is a prohibition against the transfer to the United Kingdom of those earnings.

12.  Where a payment of earnings is made in a currency other than sterling, any banking charge or commission payable in converting that payment into sterling.

13.  Any earnings of a child or young person except earnings to which paragraph 14 applies.

14.  In the case of earnings of a young person who has ceased full-time education for the purposes of section 2 of the Child Benefit Act 1975 (meaning of child)(13) and who is engaged in remunerative work–

(a) if an amount by way of a disabled child premium under Schedule 1 is included in the calculation of his applicable amount, £15;

(b) in any other case, £5.

15.  In this Schedule “part-time employment” means employment in which the person is engaged on average for less than 24 hours a week.

Regulation 23(2)

SCHEDULE 3 SUMS TO BE DISREGARDED IN THE CALCULATION OF INCOME OTHER THAN EARNINGS

1.  Any amount paid by way of tax on income which is to be taken into account under regulation 23 (calculation of income other than earnings).

2.  Any payment in respect of any expenses incurred by a claimant who is–

(a) engaged by a charitable or voluntary body, or

(b) a volunteer,

if he otherwise derives no remuneration or profit from the employment and is not to be treated as possessing any earnings under regulation 25(5) (notional income).

3.  In the case of employment as an employed earner, any payment in respect of expenses wholly, exclusively and necessarily incurred in the performance of the duties of the employment.

4.  Where a claimant is on income support, the whole of his income.

5.  Any mobility allowance under section 37A of the Social Security Act(14).

6.  Any concessionary payment made to compensate for the non-payment of–

(a) any payment specified in paragraph 5 or 8;

(b) income support.

7.  Any mobility supplement under article 26A of the Naval, Military and Air Forces etc (Disablement and Death) Service Pensions Order 1983(15) (including such a supplement by virtue of any other scheme or order) or under article 25A of the Personal Injuries (Civilians) Scheme 1983(16) or any payment intended to compensate for the non-payment of such a supplement.

8.  Any attendance allowance.

9.  Any payment to the claimant as holder of the Victoria Cross or of the George Cross or any analogous payment.

10.  Any sum in respect of a course of study attended by a child or young person payable by virtue of Regulations made under section 81 of the Education Act 1944(17) (assistance by means of scholarships or otherwise), or by virtue of section 2(1) of the Education Act 1962(18) (awards for courses of further education), or section 49 of the Education (Scotland) Act 1980(19) (power to assist persons to take advantage of educational facilities).

11.  In the case of a claimant participating in arrangements for training made under section 2 of the Employment and Training Act 1973(20) or attending at an employment rehabilitation centre established under that section–

(a) any travelling expenses reimbursed to the claimant;

(b) if he receives an allowance under section 2(2)(d) of that Act, such amount, if any, of that allowance expressed to be a living away from home allowance;

(c) any training premium,

but this paragraph, except in so far as it relates to a payment under sub-paragraph (a), (b) or (c), does not apply to any part of any allowance under section 2(2)(d) of that Act.

12.  Any Job Start Allowance payable under section 2(1) of the Employment and Training Act 1973.

13.  Subject to paragraph 33, £5 of any charitable payment or of any voluntary payment made or due to be made (whether or not so made) at regular intervals other than a payment which is made by a person for the maintenance of any member of his family or his former partner or of his children or a payment to which paragraph 34 applies; and, for the purposes of this paragraph, where a number of such charitable or voluntary payments fall to be taken into account in any one week they shall be treated as though they were one such payment.

14.  Subject to paragraph 33, £5 of any of the following, namely–

(a) war disablement pension or war widow’s pension or a payment made to compensate for the non-payment of such a pension;

(b) a pension paid under the social security scheme of a country outside Great Britain and which either–

(i) is analogous to a war disablement pension, or

(ii) is paid to a war widow in respect of a person’s death but is otherwise analogous to such a pension;

(c) a pension paid under any special provision made by the law of the Federal Republic of Germany or any part of it, or of the Republic of Austria, to victims of National Socialist persecution.

15.—(1) Any income derived from capital to which the claimant is or is treated under regulation 34 (capital jointly held) as beneficially entitled but, subject to sub-paragraph (2), not income derived from capital disregarded under paragraphs 1, 2, 4, 7, 13 or 25 to 28 of Schedule 4.

(2) Income derived from capital disregarded under paragraph 2, 4 or 25 to 28 of Schedule 4 but only to the extent of–

(a) any mortgage payments made in respect of the dwelling and premises; or

(b) any standard community charge or community water charge which the claimant is liable to pay under the 1987 Act in respect of the dwelling or premises,

in the period during which that income accrued.

16.  Where a claimant receives income under an annuity purchased with a loan which satisfies the following conditions–

(a) that the loan was made as part of a scheme under which not less than 90% of the proceeds of the loan were applied to the purchase by the person to whom it was made of an annuity ending with his life or with the life of the survivor of two or more persons (in this paragraph referred to as “the annuitants”) who include the person to whom the loan was made;

(b) that the interest on the loan is payable by the person to whom it was made or by one of the annuitants;

(c) that at the time the loan was made the person to whom it was made or each of the annuitants had attained the age of 65;

(d) that the loan was secured on a dwelling in Great Britain and the person to whom the loan was made or one of the annuitants owns an estate or interest in that dwelling; and

(e) that the person to whom the loan was made or one of the annuitants occupies the dwelling on which it was secured as his home at the time the interest is paid,

the amount, calculated on a weekly basis, equal to–

(i) where, or insofar, as, section 369 of the Income and Corporation Taxes Act 1988(21) (mortgage interest payable under deduction of tax) applies to the payments of interest on loan, the interest which is payable after deduction of a sum equal to income tax on such payments at the basic rate for the year of assessment in which the payment of interest becomes due,

(ii) in any other case the interest which is payable on the loan without deduction of such a sum.

17.  Where the claimant makes a parental contribution in respect of a student attending a course at an establishment in the United Kingdom or undergoing education in the United Kingdom, which contribution has been assessed for the purposes of calculating–

(a) under regulations made in exercise of the powers conferred by section 1 of the Education Act 1962(22), that student’s award under that section;

(b) that student’s award under section 2 of that Act; or

(c) under regulations made in exercise of the powers conferred by section 49 of the Education (Scotland) Act 1980(23), that student’s bursary, scholarship, or other allowance under that section or under regulations made in exercise of the powers conferred by section 73 of that Act of 1980, any payment to that student under that section,

an amount equal to the weekly amount of that parental contribution, but only in respect of the period for which that contribution is assessed as being payable.

18.—(1) Where the claimant is the parent of a student aged under 25 in advanced education who either–

(a) is not in receipt of any award or grant in respect of that education; or

(b) is in receipt of an award under section 2 of the Education Act 1962 (discretionary awards) or a bursary, scholarship or other allowance under section 49(1) of the Education (Scotland) Act 1980, or a payment under section 73 of that Act of 1980,

and the claimant makes payments by way of a contribution towards the student’s maintenance, other than a parental contribution falling within paragraph 17, an amount specified in sub-paragraph (2) in respect of each week during the student’s term.

(2) For the purposes of sub-paragraph (1), the amount shall be equal to–

(a) the weekly amount of the payments; or

(b) the amount by way of a personal allowance for a single claimant under 25 less the weekly amount of any award, bursary, scholarship, allowance or payment referred to in sub-paragraph (1)(b),

whichever is less.

19.  Any payment made to the claimant by a child or young person or a non-dependant.

20.  Where the claimant occupies a dwelling as his home which is also occupied by a person other than one to whom paragraph 19 refers and that person is contractually liable to make payments in respect of his occupation of the dwelling to the claimant–

(a) £4 of any payment made by that person; and

(b) a further £6.70 where that payment is inclusive of an amount for heating.

21.  Any income in kind.

22.  Any income which is payable in a country outside the United Kingdom for such period during which there is a probibition against the transfer to the United Kingdom of that income.

23.—(1) Any payment made to the claimant in respect of a person who is a member of his family–

(a) in accordance with a scheme approved by the Secretary of State under section 50(4) of the Adoption Act 1958(24) or, as the case may be, section 51 of the Adoption (Scotland) Act 1978(25) (schemes for payments of allowances to adopters);

(b) which is payment made by a local authority, in pursuance of section 34(6) or, as the case may be, section 50 of the Children Act 1975(26) (contributions to a custodian towards the cost of the accommodations and maintenance of a child),

to the extent specified in sub-paragraph (2).

(2) In the case of a child or young person–

(a) to whom regulation 26(2) applies (capital in excess of £3000), the whole payment;

(b) to whom that regulation does not apply, so much of the weekly amount of the payment as exceeds the amount included under Schedule 1 in the calculation of the claimant’s applicable amount for that child or young person by way of the personal allowance and disabled child premium, if any.

24.  Any payment made by a local authority to the claimant with whom a person is boarded out by virtue of arrangements made under section 21(1)(a) of the Child Care Act 1980(27) or, as the case may be, section 21 of the Social Work (Scotland) Act 1968(28) or by a voluntary organisation under section 61 of the 1980 Act or by a care authority under regulation 9 of the Boarding Out and Fostering of Children (Scotland) Regulations 1985(29) (provision of accommodation and maintenance for children in care).

25.  Any payment made by a health authority, local authority or voluntary organisation to the claimant in respect of a person who is not normally a member of the claimant’s household but is temporarily in his care.

26.  Any payment made under section 1 of the Child Care Act 1980 or, as the case may be, section 12 of the Social Work (Scotland) Act 1968 (duty of local authorities to promote welfare of children).

27.  An amount equal to any maintenance payment made by the claimant to his former partner or in respect of his children other than children who are members of his household.

28.  Any payment received under an insurance policy taken out to insure against the risk of being unable to maintain repayments on a loan for the purchase of the dwelling which the claimant occupies as his home and secured on that dwelling to the extent that it does not exceed the amount calculated, on a weekly basis, of that repayment.

29.  Any payment of income which by virtue of regulation 30 (income treated as capital) is to be treated as capital.

30.  Any social fund payment.

31.  Any payment under paragraph 2 of Schedule 6 to the Act (pensioners' Christmas bonus).

32.  Where a payment of income is made in a currency other than sterling, any banking charge or commission payable in converting that payment into sterling.

33.  The total of claimant’s income or, if he is a member of a family, the family’s income and the income of any person which he is treated as possessing under regulation 10(3) (calculation of income and capital of members of claimant’s family and of a polygamous marriage) to be disregarded under regulation 39(2)(b) and regulation 40(1)(e) (calculation of covenant income where a contribution assessed, covenant income where no grant income or no contribution is assessed) and paragraphs 13 and 14 shall in no case exceed £5 per week.

34.  Any payment made under the Macfarlane Trust or the Independent Living Fund.

35.  Any housing benefit on account of a person’s liability to make payments in respect of a dwelling.

36.  Any payment made by the Secretary of State to compensate for the loss (in whole or in part) of entitlement to housing benefit on account of a person’s liability to make payments in respect of a dwelling.

37.  Any resettlement benefit which is paid to the claimant by virtue of regulation 3 of the Social Security (Hospital In-Patients) Amendment (No. 2) Regulations 1987(30).

38.  Any payment by the Secretary of State to compensate for the loss of housing benefit supplement under regulation 19 of the Supplementary Benefit (Requirements) Regulations 1983(31).

Regulation 28(2)

SCHEDULE 4 CAPITAL TO BE DISREGARDED

1.  The dwelling together with any garage, garden and outbuildings, normally occupied by the claimant as his home including any premises not so occupied which it is impracticable or unreasonable to sell separately, in particular any croft land on which the dwelling is situated; but, notwithstanding regulation 10 (calculation of income and capital of members of claimant’s family and of a polygamous marriage), only one dwelling shall be disregarded under this paragraph.

2.  Any premises acquired for occupation by the claimant which he intends to occupy as his home within 26 weeks of the date of acquisition or such longer period as is reasonable in the circumstances to enable the claimant to obtain possession and commence occupation of the premises.

3.  Any sum directly attributable to the proceeds of sale of any premises formerly occupied by the claimant as his home which is to be used for the purchase of other premises intended for such occupation within 26 weeks of the date of sale or such longer period as is reasonable in the circumstances to enable the claimant to complete the purchase.

4.  Any premises owned by the claimant occupied in whole or in part by a partner or relative of any member of the family where that person is either aged 60 or over or incapacitated.

5.  Where a claimant is on income support, the whole of his capital.

6.  Any reversionary interest.

7.  The assets of any business owned in whole or in part by the claimant and for the purposes of which he is engaged as a self-employed earner, or if he has ceased to be so engaged, for such period as may be reasonable in the circumstances to allow for disposal of any such asset.

8.  Any arrears of, or any concessionary payment made to compensate for arrears due to the non-payment of,–

(a) any payment specified in paragraph 5, 7 or 8 of Schedule 3;

(b) an income-related benefit or supplementary benefit, family income supplement under the Family Income Supplements Act 1970(32) or housing benefit under Part II of the Social Security and Housing Benefits Act 1982,

but only for a period of 52 weeks from the date of the receipt of arrears or of the concessionary payment.

9.  Any sum–

(a) paid to the claimant in consequence of damage to, or loss of the home or any personal possession and intended for its repair or replacement; or

(b) acquired by the claimant (whether as a loan or otherwise) on the express condition that it is to be used for effecting essential repairs or improvement to the home,

which is to be used for the intended purpose, for a period of 26 weeks from the date on which it was so paid or acquired or such longer period as is reasonable in the circumstances to effect the repairs, replacement or improvement.

10.  Any sum–

(a) deposited with a housing association as defined in section 1(1) of the Housing Associations Act 1985(33) as a condition of occupying the home;

(b) which was so deposited and which is to be used for the purchase of another home, for the period of 26 weeks or such longer period as may be reasonable in the circumstances to enable the claimant to complete the purchase.

11.  Any personal possessions except those which have been acquired by the claimant with the intention of reducing his capital in order to secure entitlement to housing benefit or to increase the amount of that benefit.

12.  The value of the right to receive any income under an annuity or the surrender value (if any) of such an annuity.

13.  Where the funds of a trust are derived from a payment made in consequence of any personal injury to the claimant the value of the trust fund and the value of the right to receive any payment under that trust, for a period of 2 years, or such longer period as is reasonable in the circumstances, beginning–

(a) if, at the date of the payment, the claimant or his partner is in receipt of an income-related benefit, on that date;

(b) in any other case, on the date on which an income-related benefit is first payable to the claimant or his partner after the date of the payment,

but, for the purposes of regulations 7, 8, and 26(2) (applicable amounts, polygamous marriages and modifications in respect of children and young persons), in calculating the capital of a child or young person there shall be no limit as to the period of disregard under this paragraph.

14.  The value of the right to receive any income under a life interest or from a liferent.

15.  The value of the right to receive any income which is disregarded under paragraph 9 of Schedule 2 or paragraph 22 of Schedule 3.

16.  The surrender value of any policy of life insurance.

17.  Where any payment of capital falls to be made by instalments, the value of the right to receive any outstanding instalments.

18.  Any payment made under section 1 of the Child Care Act 1980 or, as the case may be, section 12 of the Social Work (Scotland) Act 1968 (duty of local authorities to promote welfare of children).

19.  Any social fund payment.

20.  Any refund of tax which falls to be deducted under section 369 of the Income and Corporation Taxes Act 1988(34) (mortgage interest payable under deduction of tax) on a payment of relevant loan interest for the purpose of acquiring an interest in the home or carrying out repairs or improvements to the home.

21.  Any capital which by virtue of regulation 24 (capital treated as income) is to be treated as income.

22.  Where any payment of capital is made in a currency other than sterling, any banking charge or commission payable in converting that payment into sterling.

23.  Any payment made under the Macfarlane Trust or the Independent Living Fund and any sum derived from such a payment.

24.—(1) Where a claimant has ceased to occupy what was formerly the dwelling occupied as the home following his estrangement or divorce from his former partner, that dwelling for a period of 26 weeks from the date on which he left that dwelling.

(2) In this paragraph “dwelling” includes any garage, garden and outbuildings, which were formerly occupied by the claimant as his home and any premises not so occupied which it is impracticable or unreasonable to sell separately, in particular any croft land on which the dwelling is situated.

25.  Any premises where the claimant is taking reasonable steps to dispose of those premises, for a period of 26 weeks from the date on which he first took such steps, or such longer period as is reasonable in the circumstances to enable him to dispose of those premises.

26.  Any premises where the claimant has commenced legal proceedings to obtain possession of those premises in order to occupy them as his home for a period of 26 weeks from the date on which he commenced such proceedings or such longer period as is reasonable in the circumstances to enable him to obtain possession and commence occupation of those premises.

27.  Any premises which the claimant intends to occupy as his home to which essential repairs or alterations are required in order to render them fit for such occupation, for a period as is necessary to enable those repairs or alterations to be carried out.

28.  Any payment made by the Secretary of State to compensate for the loss (in whole or in part) of entitlement to housing benefit on account of a person’s liability to make payments in respect of a dwelling.

29.  The value of the right to receive an occupational pension.

30.  The value of the right to receive rent.

31.  Any payment in kind made by a charity.

32.  Any payment not exceeding £200 made under section 2 of the Employment and Training Act 1973(35) (functions of the Secretary of State) as a training bonus to a person participating in arrangements for training made under that section, but only for a period of 52 weeks from the date of the payment of the bonus.

33.  Any payment made by the Secretary of State to compensate for the loss of housing benefit supplement under regulation 19 of the Supplementary Benefit (Requirements) Regulations 1983.

Regulations 65 and 67

SCHEDULE 5 MATTERS TO BE INCLUDED IN THE NOTICE OF DETERMINATION

PART I general

1.  The statement of matters to be included in any notice of determination issued by an appropriate authority to a person, and referred to in regulation 65 (notification of determinations) and 67 (review of determinations) are those matters set out in the following provisions of this Schedule.

2.  Every notice of determination shall include a statement as to the right of any person affected by that determination to request a written statement under regulation 68 (requests for statement of reasons) and the manner and time in which to do so.

3.  Every notice of determination shall include a statement as to the right of any person affected by that determination to make written representations in accordance with regulation 67(2) and the manner and time in which to do so.

4.  Every notice of determination following written representations in accordance with regulation 67(2) (review of determinations) shall include a statement as to whether the original determination in respect of which the person made his representations has been confirmed or revised and where the appropriate authority has not revised the determination the reasons why not.

5.  Every notice of determination following written representations in accordance with regulation 67(2) (review of determinations) shall include a statement as to the right of any person affected by that determination to request a further review in accordance with regulation 69 (further review of determinations) and of the manner and time in which to do so.

6.  An authority may include in the notice of determination any other matters not prescribed by this Schedule which it sees fit, whether expressly or by reference to some other document available without charge to the person.

7.  Parts II, III and IV of this Schedule shall apply only to the notice of determination given on a claim.

8.  Where a notice of determination is given following a review of an earlier determination–

(a) made of the authority’s own motion which results in a revision of that earlier determination; or

(b) made following written representations in accordance with regulation 67(2) (review of determinations), whether or not resulting in a revision of that earlier determination,

that notice shall, subject to paragraph 6, contain a statement only as to all the matters reviewed.

PART II awards where income support is payable

9.  Where a person on income support is awarded housing benefit, the notice of determination shall include a statement as to–

(a) the weekly amount of personal community charge or collective community charge contributions;

(b) the normal weekly amount of the housing benefit;

(c) the first day of entitlement to the housing benefit;

(d) the date on which his benefit period will end if it is not terminated earlier; and

(e) his duty to notify any change of circumstances which might affect his entitlement to, or the amount of housing benefit and (without prejudice to the extent of the duty owed under regulation 63 (duty to notify changes of circumstances)) the kind of change of circumstances which is to be notified, either upon the notice or by reference to some other document available to him on application without charge.

PART III awards where no income support is payable

10.  Where a person is not on income support but is awarded housing benefit, the notice of determination shall include a statement as to–

(a) the matters set out in paragraph 9;

(b) his applicable amount and how it is calculated;

(c) his weekly earnings; and

(d) his weekly income other than earnings.

PART IV notice where no award is made

11.  Where a person is not awarded housing benefit–

(a) either on grounds of income or because the amount of any housing benefit is less than the minimum housing benefit prescribed by regulation 51, the notice of determination shall include a statement as to–

(i) the matters set out in paragraph 9 where the person is not on income support, and

(ii) where the amount of entitlement is less than the minimum amount of housing benefit prescribed, that fact and that such entitlement is not payable;

(b) for any reason other than one mentioned in sub-paragraph (a), the notice of determination shall include a statement as to the reason why no award has been made.

PART V notice where recoverable overpayment

12.  Where the appropriate authority makes a determination that there is a recoverable overpayment within the meaning of regulation 83 (recoverable overpayments), the notice of determination shall include a statement as to–

(a) the fact that there is a recoverable overpayment;

(b) the reason why there is a recoverable overpayment;

(c) the amount of the recoverable overpayment;

(d) how the amount of the recoverable overpayment was calculated;

(e) the benefit weeks to which the recoverable overpayment relates in each benefit period or, where the recoverable overpayment relates to a past period of entitlement as a result of backdating a claim under regulation 59(17) (time and manner in which claims are to be made), in that past period; and

(f) where recovery of the recoverable overpayment is to be made by deduction from housing benefit that fact and the amount of the deduction.

Regulation 68(3)

SCHEDULE 6 CONSTITUTION OF REVIEW BOARDS

1.  A Review Board appointed by an authority listed in column (1) of the Table below shall consist of not less than three of the persons specified in relation to that authority in column (2) of that Table.

Table

(1)	(2)
Authority	Composition of Board
1.  A levying authority.	1.  Councillors of that authority.
2.  A New Town Corporation.	2.  Members of that development corporation established under the New Towns (Scotland) Act 1968(36).
3.  The Scottish Special Housing Association.	3.  Members of the Association.

2.  The members of a Review Board shall appoint one of their number to be the Chairman.

(1)

S.I. 1979/597.

(2)

1973 c. 50; section 2 was substituted by section 25 of the Employment Act 1988 (c. 19).

(3)

Section 15 was amended by the Social Security Pensions Act 1975 (c. 60), Schedule 4 paragraph 40, the Social Security Act 1979 (c. 18) Schedule 1 paragraph 1 and Schedule 3 paragraph 7 and the Social Security and Housing Benefits Act 1982 (c. 24) Schedule 4 Part I paragraph 10 and the Social Security Act 1986 (c. 50) section 86 and Schedule 10 Part V paragraph 83.

(4)

Section 36 was substituted by the Health and Social Security Act 1984 (c. 48), section 11, and subsection (4A) of that section inserted by the Social Security Act 1985 (c. 53) Schedule 4 paragraph 3.

(5)

S.I. 1975/598; the relevant amending instrument is S.I. 1983/1015.

(6)

1977 c. 49; section 5(2) was amended and subsection (2A) added by the Public Health Laboratory Services Act 1979 (c. 23) section 1, and subsection (2B) added by section 9 of the Health and Social Security Act 1984 (c. 48).

(7)

1978 c. 29.

(8)

1948 c. 29; section 29 was amended by the National Assistance (Amendment) Act 1959 (c. 30) section 1(2); the Mental Health (Scotland) Act 1960 (c. 61) sections 113 and 114 and Schedule 4; the Local Government Act 1972 (c. 70) Schedule 23 paragraph 2; the Employment and Training Act 1973 (c. 50) Schedule 3 paragraph 3; the National Health Service Act 1977 (c. 49) Schedule 15 paragraph 6 and the Health and Social Services and Social Security Adjudications Act 1983 (c. 41) Schedule 10 Part I.

(9)

1982 c. 24.

(10)

Section 37 was amended by the Social Security (Miscellaneous Provisions) Act 1977 (c. 5), section 22(2) and the Social Security Act 1986 (c. 50) sections 37 and 86 and Schedule 11.

(11)

1947 c. 41, 1951 c. 27, 1959 c. 44.

(12)

S.I. 1979/591; Part I of Schedule 3 substituted by S.I. 1980/1975.

(13)

1975 c. 61; section 2 was amended by sections 4, 8 and 21 and Schedule 5 Part I of the Social Security Act 1980 (c. 30) and section 70 of the Social Security Act 1986 (c. 50).

(14)

Section 37A was inserted by section 22(1) of the Social Security Pensions Act 1975 (c. 60) and amended by the National Health Service Act 1977 (c. 49) Schedule 15 paragraph 64, the Social Security Act 1979 (c. 18) section 3 and the Social Security Act 1986 (c. 50) section 71 and 86 and Schedule 11.

(15)

S.I. 1983/883; article 26A was added by S.I. 1983/1116 and amended by S.I. 1983/1521 and 1986/592.

(16)

S.I. 1983/686, amended by S.I. 1983/1164 and 1540 and 1986/628.

(17)

1944 c. 31, amended by S.I. 1964/490.

(18)

1962 c. 12; section 2(1) was substituted by section 19 of and Schedule 5 to the Education Act 1980 (c. 20).

(19)

1980 c. 44.

(20)

1973 c. 50; section 2 was substituted by section 25 of the Employment Act 1988 (c. 19).

(21)

1988 c. 1.

(22)

1962 c. 12; sections 1 and 2 were substituted by section 19 and Schedule 5 of the Education Act 1980 (c. 20) and section 1(3) amended by section 4 of the Education (Grants and Awards) Act 1984 (c. 11) and see the Education (Mandatory Awards) Regulations 1988 (S.I. 1988/1360).

(23)

1980 c. 44 and see Education Authority Bursaries (Scotland) Regulations 1986 (S.I. 1986/1227).

(24)

1958 c. 5 (7 & 8 Eliz. 2); subsection (4) of section 50 was added by section 32 of the Children Act 1975 (c. 72).

(25)

1978 c. 28.

(26)

1975 c. 72, as amended by section 64 of the Domestic Proceedings and Magistrates' Courts Act 1978 (c. 22).

(27)

1980 c. 5, as amended by section 9 and Schedule 2 paragraph 49 of the Health and Social Services and Social Security Adjudications Act 1983 (c. 41).

(28)

1968 c. 49.

(29)

S.I. 1985/1799.

(30)

S.I. 1987/1683.

(31)

S.I. 1983/1399; relevant amending instruments are S.I. 1984/282 and 1986/1293.

(32)

1970 c. 55.

(33)

1985 c. 69.

(34)

1988 c. 1.

(35)

1973 c. 50; section 2 was substituted by the Employment Act 1988 (c. 19), section 25.

(36)

1968 c. 16.