The Social Security (Miscellaneous Amendments) (No. 2) Regulations 2005

Amendment of the Council Tax Benefit Regulations

4.—(1)  The Council Tax Benefit Regulations are amended as follows M1 .

[F1 (2)  In regulation 26(2)(c) (notional income), after “personal pension scheme” insert “ , occupational pension scheme ” .

(3)  In regulation 34(2)(d) (notional capital) M2 , after “personal pension scheme” insert “ , occupational pension scheme ” .

(4)  For regulation 37(1) (calculation of tariff income from capital) M3 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) [F2 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) M4 , 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 M5 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) [F2 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

F1 Reg. 4(2)-(4) revoked (6.3.2006) by The Housing Benefit and Council Tax Benefit (Consequential Provisions) Regulations 2006 (S.I. 2006/217) , reg. 1(1) , Sch. 2 para. 28(2) (with regs. 2 , 3 , Sch. 3 , 4 )

F2 Reg. 4(5) (6) revoked (6.3.2006) by The Housing Benefit and Council Tax Benefit (Consequential Provisions) Regulations 2006 (S.I. 2006/217) , reg. 1(1) , Sch. 1 (with regs. 2 , 3 , Sch. 3 , 4 )

Marginal Citations

M1 Regulations 13 to 37 of the Council Tax Benefit Regulations are modified in relation to any person who has attained the qualifying age for state pension credit: see S.I. 2003/325, regs. 12(1) and 17. However the amendments made by these Regulations are to regs. 26, 34 and 37 of the Council Tax Benefit Regulations as not so modified.

M2 Paragraph 2(d) was inserted by S.I. 1995/2303 , reg. 2(6) .

M3 Regulation 37(1) was amended by S.I. 2000/2545 , reg. 2(3) .

M4 Paragraph 24(1)(a) was amended, and paragraph (1A) inserted, by S.I. 2003/2279 , reg. 5(4)(a) .

M5 2002 c. 38 .