The Housing Benefit (Community Charge Rebates) (Scotland) Regulations 1988

1. Introductory Text

2. PART I GENERAL

   1. 1. Citation, commencement and application

   2. 2. Interpretation

   3. 3. Remunerative work

3. PART II MEMBERSHIP OF A FAMILY

   1. 4. Persons of prescribed description

   2. 5. Circumstances in which a person is to be treated as responsible or not responsible for another

   3. 6. Circumstances in which a person is to be treated as being or not being a member of the household

4. PART III APPLICABLE AMOUNTS

   1. 7. Applicable amounts

   2. 8. Polygamous marriages

   3. 9. Patients

5. PART IV INCOME AND CAPITAL

   1. CHAPTER I general

      1. 10. Calculation of income and capital of members of claimant’s family and of a polygamous marriage

   2. CHAPTER II income

      1. 11. Calculation of income on a weekly basis

      2. 12. Average weekly earnings of employed earners

      3. 13. Average weekly earnings of self-employed earners

      4. 14. Average weekly income other than earnings

      5. 15. Calculation of weekly income

      6. 16. Disregard of changes in tax, contributions etc

      7. 17. Treatment of charitable or voluntary payments

   3. CHAPTER III employed earners

      1. 18. Earnings of employed earners

      2. 19. Calculation of net earnings of employed earners

   4. CHAPTER IV self-employed earners

      1. 20. Earnings of self-employed earners

      2. 21. Calculation of net profit of self-employed earners

      3. 22. Deduction of tax and contributions for self-employed earners

   5. CHAPTER V other income

      1. 23. Calculation of income other than earnings

      2. 24. Capital treated as income

      3. 25. Notional income

      4. 26. Modifications in respect of child and young person

   6. CHAPTER VI capital

      1. 27. Capital limit

      2. 28. Calculation of capital

      3. 29. Disregard of capital of child or young person

      4. 30. Income treated as capital

      5. 31. Calculation of capital in the United Kingdom

      6. 32. Calculation of capital outside the United Kingdom

      7. 33. Notional Capital

      8. 34. Capital jointly held

      9. 35. Calculation of tariff income from capital

6. PART V STUDENTS

   1. CHAPTER I general

      1. 36. Interpretation

      2. 37. Treatment of students

   2. CHAPTER II income

      1. 38. Calculation of grant income

      2. 39. Calculation of covenant income where a contribution is assessed

      3. 40. Covenant income where no grant income or no contribution is assessed

      4. 41. Relationship with amounts to be disregarded under Schedule 3

      5. 42. Other amounts to be disregarded

      6. 43. Disregard of contribution and rent

      7. 44. Income treated as capital

      8. 45. Disregard of changes occurring during summer vacation

7. PART VI AMOUNT OF BENEFIT

   1. 46. Maximum housing benefit

   2. 47. Housing benefit taper

   3. 48. Amount of housing benefit for members of a couple

   4. 49. Amount of housing benefit for members of a polygamous marriage

   5. 50. Amount of housing benefit for partners of registered students

   6. 51. Minimum housing benefit

8. PART VII BENEFIT PERIODS, CHANGES OF CIRCUMSTANCES AND CALCULATION OF WEEKLY AMOUNTS

   1. 52. Date on which entitlement is to begin

   2. 53. Benefit period

   3. 54. Date on which benefit period is to end

   4. 55. Date on which change of circumstances is to take effect

   5. 56. Calculation of weekly amounts

   6. 57. Increases of weekly amounts for exceptional circumstances

9. PART VIII CLAIMS

   1. 58. Who may claim

   2. 59. Time and manner in which claims are to be made

   3. 60. Circumstances in which claims need not be made

   4. 61. Evidence and information

   5. 62. Amendment and withdrawal of claim

   6. 63. Duty to notify changes of circumstances

10. PART IX DETERMINATION OF QUESTIONS

    1. 64. Who is to make a determination

    2. 65. Notification of determinations

    3. 66. Time and manner of making notifications, requests or representations

    4. 67. Review of determinations

    5. 68. Requests for statement of reasons

    6. 69. Further review of determinations

    7. 70. Procedure on further review

    8. 71. Decisions upon further review

    9. 72. Effect of revising a decision

    10. 73. Correction of accidental errors in determinations and decisions

    11. 74. Setting aside of determinations and decisions on certain grounds

    12. 75. Provisions common to regulations 73 and 74

11. PART X PAYMENTS

    1. 76. Time and manner of payment of housing benefit in respect of personal community charges

    2. 77. Time and manner of payment of housing benefit in respect of collective community charge contributions

    3. 78. Person to whom benefit is to be paid

    4. 79. Withholding of benefit

    5. 80. Payment on death of the person entitled

    6. 81. Offsetting

12. PART XI OVERPAYMENTS

    1. 82. Meaning of overpayment

    2. 83. Recoverable overpayments

    3. 84. Person by whom recovery may be made

    4. 85. Person from whom recovery may be sought

    5. 86. Methods of recovery

    6. 87. Diminution of capital

    7. 88. Sums to be deducted in calculating recoverable overpayments

    8. 89. Recovery of overpayments from prescribed benefits

13. PART XII INFORMATION

    1. 90. Exchange of information

14. Signature

15. SCHEDULES

    1. Schedule 1

       Applicable amounts.

    2. Schedule 2

       Sums to be disregarded in the calculation of earnings.

    3. Schedule 3

       Sums to be disregarded in the calculation of income other than earnings.

    4. Schedule 4

       Capital to be disregarded.

    5. Schedule 5

       Matters to be included in notice of determination.

    6. Schedule 6

       Constitution of Review Boards.

16. Explanatory Note