The Community Charge Benefits (General) Regulations 1989

PART VI AMOUNT OF BENEFIT

Maximum community charge benefit

46.—(1) Except in a case to which paragraph (2) applies the amount of a person’s maximum community charge benefit shall be–

(a) 80% of his liability for a personal community charge; or

(b) 80% of his liability for a collective community charge contribution;

and shall be calculated on a weekly basis in accordance with regulation 57 (calculation of weekly amounts).

(2) Where a claim for community charge benefits is made by or on behalf of a couple or the members of a polygamous marriage, the maximum community charge benefit in respect of that couple or those members shall be 80% of the aggregate of the personal community charges or collective community charge contributions for which they are liable, except that where any member of that couple or marriage is a registered student the liability of that member for any such charge or contribution shall be disregarded.

(3) In calculating a person’s maximum community charge benefit any discount to which either Schedule 2 paragraph 4A of the 1987 Act(1) or Schedule 2 paragraph 5 of the 1988 Act relates shall be disregarded.

Entitlement to more than one community charge benefit

47.—(1) In England and Wales, where in respect of a day a claimant is subject to a personal community charge and is also liable for the payment of a collective community charge contribution, the amount of benefit to which he is entitled in respect of each charge and contribution concerned shall be separately calculated in accordance with this Part of these Regulations.

(2) Where the claimant is a member of a couple or of a polygamous marriage paragraph (1) shall apply in respect of each member of that couple or of that marriage.

Community charge benefits taper

48.  The prescribed percentage for the purpose of subsection (8F)(b) of section 20 of the Act(2) as it applies to community charge benefits (percentage of excess of income over applicable amount which is deducted from maximum community charge benefit) shall be 15%.

Amount of community charge benefits for members of a couple

49.—(1) Subject to regulation 51 (amount of community charge benefits for partners of registered students) in calculating the amount of community charge benefits to which the members of a couple are entitled for any period, paragraphs (2) or (3) shall apply.

(2) Where the members of a couple have no income or their income calculated in accordance with Part IV does not exceed the applicable amount, the community charge benefit to which either member is entitled shall be determined by dividing the maximum community charge benefit proportionately to each member’s liability for a personal community charge or collective community charge contribution for that period.

(3) Where a couple’s income calculated in accordance with Part IV exceeds the applicable amount and there is an amount remaining after deducting from the maximum community charge benefit the percentage prescribed in regulation 48 (community charge benefits taper) of the excess of their income over the applicable amount, then the community charge benefit to which either member is entitled shall be determined by dividing the amount remaining proportionately to each member’s liability for a personal community charge or collective community charge contribution for that period.

Amount of community charge benefits for members of a polygamous marriage

50.—(1) Subject to regulation 51 (amounts of community charge benefits for partners of registered students), in calculating the amount of community charge benefits to which the members of a polygamous marriage are entitled for any period, paragraphs (2) or (3) shall apply.

(2) Where the members of a polygamous marriage have no income or their income calculated in accordance with Part IV does not exceed the applicable amount, the community charge benefit to which each member is entitled shall be determined by dividing the maximum community charge benefit proportionately to each member’s liability for a personal community charge or collective community charge contribution for that period.

(3) Where the income of the members of a polygamous marriage calculated in accordance with Part IV exceeds the applicable amount and there is an amount remaining after deducting from the maximum community charge benefit the percentage prescribed in regulation 48 (community charge benefits taper) of the excess of their income over the applicable amount, then the community charge benefit to which each member is entitled shall be determined by dividing the amount remaining proportionately to each member’s liability for a personal community charge or collective community charge contribution for that period.

Amount of community charge benefits for partners of registered students

51.—(1) The amount of community charge benefits to which the partner of a registered student is entitled for any period shall be determined in accordance with the following paragraphs.

(2) Where the couple or members of a polygamous marriage have no income, or their income calculated in accordance with Part IV does not exceed their applicable amount,

(a) in the case of a couple, the community charge benefit to which the partner of the registered student is entitled shall be the maximum community charge benefit;

(b) in the case of a polygamous marriage, the community charge benefit to which the members of that marriage, other than the registered student, are entitled shall be determined by dividing the maximum community charge benefit proportionately to each member’s liability for a personal community charge or collective community charge contributions for that period.

(3) Where the income of a couple or of the members of a polygamous marriage calculated in accordance with Part IV exceeds their applicable amount and there is an amount remaining after deducting from the maximum community charge benefit the percentage prescribed in regulation 48 (community charge benefits taper) of the excess of their income over the applicable amount,

(a) in the case of a couple, the community charge benefit to which the partner of the registered student is entitled shall be the amount remaining after the deduction has been made;

(b) in the case of a polygamous marriage, the community charge benefit to which the members of that marriage, other than the registered student, are entitled shall be determined by dividing the amount remaining after the deduction has been made, proportionately to each member’s liability for a personal community charge or collective community charge contribution for that period.

Minimum community charge benefit

52.  Community charge benefit shall not be payable in respect of any claim where the weekly amount awarded in consequence of that claim would be less than 50 pence.

(1)

Schedule 2, paragraph 4A was inserted in the 1987 Act by the Local Government Finance Act 1988 (c. 41), Schedule 12, paragraph 36(6).

(2)

Subsection (8F) was inserted in section 20 of the Act by the Local Government Finance Act 1988 Schedule 10 paragraph 2(8).