The Housing Benefit and Council Tax Benefit (Extended Payments) Amendment Regulations 2008

Extended payments – consequential amendments to the Council Tax Benefit Regulations

9.—(1) The Council Tax Benefit Regulations shall be amended as follows.

(2) In regulation 2(1) (interpretation)—

(a) for the definition of “extended payment” substitute—

““extended payment” means a payment of council tax benefit payable pursuant to regulation 60;

“extended payment period” means the period for which an extended payment is payable in accordance with regulation 60A or 61A;”;

(b) for the definition of “extended payment (severe disablement allowance and incapacity benefit)” substitute—

““extended payment (qualifying contributory benefits)” means a payment of council tax benefit payable pursuant to regulation 61;”;

(c) after the definition of “mobility supplement” insert—

““mover” means a claimant who changes the dwelling in which the claimant is resident and in respect of which the claimant liable to pay council tax from a dwelling in the area of the appropriate authority to a dwelling in the area of the second authority;”;

(d) after the definition of “the New Deal options” insert—

““new dwelling” means, for the purposes of the definition of “second authority” and regulations 60C, 61C, 96 and 97, the dwelling to which a claimant has moved, or is about to move, in which the claimant is or will be resident;”;

(e) after the definition of “qualifying age for state pension credit” insert—

““qualifying contributory benefit” means—

(a)

severe disablement allowance;

(b)

incapacity benefit;

“qualifying income-related benefit” means—

(a)

income support;

(b)

income-based jobseeker’s allowance;”; and

(f) after the definition of “second adult” insert—

““second authority” means the authority to which a mover is liable to make payments for the new dwelling;”.

(3) In regulation 5 (persons who have attained the qualifying age for state pension credit)—

(a) omit paragraph (2); and

(b) in paragraph (3) for “paragraphs (1)(b) and (2)” substitute “paragraph (1)(b)”.

(4) In regulation 57 (maximum council tax benefit)—

(a) in paragraph (1) for “paragraphs (2) to (5)” substitute “paragraphs (2) to (4)”; and

(b) omit paragraph (5).

(5) Omit—

(a) regulation 65 (date on which council tax benefit is to end);

(b) regulation 66 (date on which council tax benefit is to end where entitlement to severe disablement allowance or incapacity benefit ceases);

(c) regulation 75(3) (priority to extended payment claims);

(d) Schedule 6 (extended payments of council tax benefit); and

(e) Schedule 7 (extended payments (severe disablement allowance and incapacity benefit) of council tax benefit).

(6) In Part 2 of Schedule 8 (awards where income support or an income-based jobseeker’s allowance is payable)—

(a) in the heading to paragraph 9 after “jobseeker’s allowance”, insert “, an extended payment or an extended payment (qualifying contributory benefits)”; and

(b) in paragraph 9 after the words “is awarded council tax benefit”, insert “or a claimant is entitled to an extended payment in accordance with regulation 60 or an extended payment (qualifying contributory benefits) in accordance with regulation 61”.