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9.—(1) Regulation 34A (diminishing notional capital rule)(1) shall be amended in accordance with the following provisions of this paragraph.
(2) In paragraph (3)—
(a)in sub-paragraph (c)(ii) for the word “entitled.” there shall be substituted the words “entitled; and”;
(b)after sub-paragraph (c) there shall be added the following sub-paragraph—
“(d)if the claimant would, but for regulation 34(1) of the Council Tax Benefit (General) Regulations 1992(2) (notional capital), have been entitled to council tax benefit or to an additional amount of council tax benefit in respect of the benefit week in which the date of the last claim for family credit falls, the amount (if any) which is equal to—
(i)in a case where no council tax benefit is payable, the amount to which he would have been entitled, or
(ii)in any other case, the amount equal to the additional amount of council tax benefit to which he would have been entitled.”.
(3) In paragraph (4)—
(a)in sub-paragraph (c)(ii) for the word “entitled.” there shall be substituted the words “entitled; and”;
(b)after sub-paragraph (c) there shall be added the following sub-paragraph—
“(d)if the claimant would, but for regulation 34(1) of the Council Tax Benefit (General) Regulations 1992 (notional capital), have been entitled to council tax benefit or to an additional amount of council tax benefit in respect of the benefit week in which the first day of the relevant week falls, the amount (if any) which is equal to—
(i)in a case where no council tax benefit is payable, the amount to which he would have been entitled, or
(ii)in any other case, the amount equal to the additional amount of council tax benefit to which he would have been entitled.”.
(4) In paragraph (8)(a)—
(a)for the words “(3)(b) and (c) and (4)(b) and (c)” there shall be substituted the words “(3)(b), (c) and (d) and (4)(b), (c) and (d)”;
(b)for the words “1987 (interpretation) or” there shall be substituted the words “1987 (interpretation),”;
(c)after the words “1989 (interpretation)” there shall be inserted the words “or regulation 2(1) of the Council Tax Benefit (General) Regulations 1992(3) (interpretation)”.
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