The Council Tax Benefit Regulations 2006

Persons of prescribed description for the definition of family in section 137(1) of the Act

9.—(1) Subject to paragraph (2), a person of a prescribed description for the purposes of section 137(1) of the Act (definition of family) as it applies to council tax benefit is a person aged 16 or over but under 19 who is treated as a child for the purposes of section 142 of the Act (meaning of child), and in these Regulations such a person is referred to as a “young person”.

(2) Paragraph (1) shall not apply to a person who is—

(a) on income support or an income-based jobseeker’s allowance;

(b) receiving advanced education within the meaning of regulation 12(2) of the Income Support Regulations(1) (relevant education); or

(c) a person to whom section 6 of the Children (Leaving Care) Act 2000(2) (exclusion from benefits) applies.

(3) A person of a prescribed description for the purposes of section 137(1) of the Act as it applies to council tax benefit (definition of the family) includes a child or young person in respect of whom section 145A of the Act(3) applies for the purposes of entitlement to child benefit but only for the period prescribed under section 145A(1) of the Act.

(1)

S.I. 1987/1961.

(2)

2000 c. 35.

(3)

Section 145A was inserted by section 55 of the Tax Credits Act 2002 (c. 21).