Amendment of the Council Tax Benefit Regulations
[5.—(1) The Council Tax Benefit Regulations shall be amended in accordance with the following paragraphs of this regulation.
(2) In Schedule 1 (applicable amounts)—
(a)in paragraph 4 , for the words “paragraphs 9" there shall be substituted the words “ paragraphs 8A ”;
(b)after paragraph 7 there shall be inserted the following paragraph—
“ Bereavement Premium
8A.—(1) Subject to sub-paragraphs (2) and (3), the condition is that the claimant—
(a)had, as at 9th April 2001, attained the age of 55 but not the age of 60;
(b)was in receipt of, but is no longer entitled to, a bereavement allowance under section 39B of the Contributions and Benefits Act 1992 in respect of the death of a spouse who died on or after 9th April 2001; and
(c)is claiming council tax benefit as a single claimant.
(2) A premium under sub-paragraph (1) shall, except in a case to which sub-paragraph (4) applies, not be applicable in respect of a claimant who claims council tax benefit more than 8 weeks after the last day on which he was entitled to a bereavement allowance.
(3) Where a claimant to whom a premium under sub-paragraph (1) is applicable, ceases to be entitled to council tax benefit or to be a single claimant, a premium under sub-paragraph (1) shall only again be applicable to that claimant where he claims council tax benefit as a single claimant no more than 8 weeks after the date on which he ceased to be entitled to council tax benefit or, as the case may be, to be a single claimant.
(4) Where a premium under sub-paragraph (1) becomes applicable to a claimant, it shall again be applicable to that claimant where he claims council tax benefit as a single claimant at the end of the benefit period in which it first became applicable and at the end of each subsequent benefit period provided, where he ceases to be a single claimant during the course of any benefit period, he does not cease to be a single claimant for more than 8 weeks.
(5) For the purposes of this paragraph, where the claimant—
(a)was entitled to housing benefit at any time in the period of 8 weeks before becoming entitled or re-entitled to council tax benefit; and
(b)satisfied the conditions in respect of a bereavement premium under paragraph 8A of Schedule 2 to the Housing Benefit (General) Regulations 1987,
for the purpose of establishing entitlement or re-entitlement for council tax benefit, he shall be treated as satisfying the equivalent conditions for a bereavement premium under this paragraph.”;
(c)immediately before sub-paragraph (2) in the table in paragraph 19 there shall be inserted the following sub-paragraph respectively in each column—
“(1A)Bereavement Premium.
| (1A)£15.30.”.
|
(3) In Schedule 4 (sums to be disregarded in the calculation of income other than earnings)—
(a)after paragraph 14, there shall be inserted the following paragraph—
“14A. Subject to paragraph 34, £15 of any—
(a)widowed mother’s allowance paid pursuant to section 37 of the Contributions and Benefits Act 1992;
(b)widowed parent’s allowance paid pursuant to section 39A of the Contributions and Benefits Act 1992.”;
(b)in paragraph 34, for the words “and 14" there shall be substituted the words “ , 14 and 14A ”.]
Textual Amendments
Marginal Citations