The National Health Service (Travelling Expenses and Remission of Charges) (Scotland) (No. 2) Regulations 2003

3.—(1) A claimant’s requirements shall be calculated as being the amount referred to in head (a) below less, where applicable, the amount referred to in head (b) below, as follows:–

(a) the amount which represents the aggregate of–

(i) the weekly applicable amount which would apply to the claimant, including that in respect of any other member of the claimant’s family, in connection with a claim for income support as specified by the provisions of regulations 17, 18 and 21 of, and Schedules 2, 3, and 7 to, the Income Support (General) Regulations 1987(1), but subject to the modifications referred to in paragraph 2(b) and (c) and paragraph 4; and

(ii) subject to sub paragraph (2), the weekly amount of any council tax which the claimant or the claimant’s partner is liable to pay under Part I or Part II of the Local Government Finance Act 1992(2);

(b) the amount which represents the aggregate of the weekly amount of any housing benefit and the weekly amount of any council tax benefit to which the claimant or any member of the claimant’s family is entitled under the provisions of Part VII of the Social Security Contributions and Benefits Act 1992(3).

(2) Subject to sub paragraph (3), where a claimant is jointly and severally liable for council tax in respect of a dwelling in which the claimant is resident with one or more other persons, the claimant’s liability in respect of that tax for the purposes of these Regulations shall be the amount of that tax divided by the number of persons who are jointly and severally liable for that tax.

(3) Sub paragraph (2) shall not apply where a claimant is jointly and severally liable for council tax in respect of a dwelling with only the claimant’s partner.

(1)

S.I. 1987/1967.

(2)

1992 c. 14.

(3)

1992 c. 4; Part VII was amended by the Local Government Finance Act 1992, section 103 and Schedule 9 which replaced references to community charge benefit with reference to council tax benefit.