Amendment of the Council Tax Benefit Regulations
This section has no associated Explanatory Memorandum
4.—(1) The Council Tax Benefit Regulations are amended as follows .
[(2) In regulation 26(2)(c) (notional income), after “personal pension scheme” insert “ , occupational pension scheme ” .
(3) In regulation 34(2)(d) (notional capital) , after “personal pension scheme” insert “ , occupational pension scheme ” .
(4) For regulation 37(1) (calculation of tariff income from capital) substitute—
“(1) Where the claimant's capital calculated in accordance with this Part exceeds £6,000, it shall be treated as equivalent to a weekly income of £1 for each complete £250 in excess of £6,000 but not exceeding £16,000.”].
(5) [In Schedule 4 (sums to be disregarded in the calculation of income other than earnings)—
(a)the existing provisions of paragraph 22 shall become sub-paragraph (1) of that paragraph;
(b)after that sub-paragraph insert—
“(2) The reference in sub-paragraph (1) to “ income in kind ” does not include a payment to a third party made in respect of the claimant which is used by the third party to provide benefits in kind to the claimant. ”;
(c) in paragraph 24(1)(a) , for “in accordance with regulations made pursuant to section 57A of the Adoption Act 1976 (permitted allowances) or paragraph 3 of Schedule 4 to the Adoption and Children Act 2002 or” substitute “ pursuant to regulations under section 2(6)(b), 3 or 4 of the Adoption and Children Act 2002 or in accordance ” ;
(d)for paragraph 24(1A) substitute—
“(1A) Any payment, other than a payment to which sub-paragraph (1)(a) applies, made to the claimant pursuant to regulations under section 2(6)(b), 3 or 4 of the Adoption and Children Act 2002.”].
(6) [In Schedule 5 (capital to be disregarded), for paragraph 70 substitute—
“70. Any payment made to the claimant pursuant to regulations under section 2(6)(b), 3 or 4 of the Adoption and Children Act 2002.”.]
Textual Amendments
Marginal Citations