The Community Charge Benefits (General) Amendment Regulations 1990

Amendment of regulation 46 of the General Regulations

9.  In regulation 46 of the General Regulations (maximum community charge benefit) —

(a) for paragraphs (1) and (2) there shall be substituted the following paragraphs —

“(1) Except in a case to which paragraph (2) applies, the amount of a person’s maximum community charge benefit in respect of a day shall be —

(a) where a person’s liability is in respect of a personal community charge, 80% of the amount A/B where —

(i) A is the amount set or imposed by the appropriate authority as the personal community charge for its area for the relevant financial year;

(ii) B is the number of days in that financial year;

(b) where a person’s liability is in respect of a collective community charge contribution, 80% of the amount to be paid by him by way of collective community charge contribution in respect of that day.

(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 the aggregate of any amounts referred to in paragraph (1)(a) and (b) applicable to each member of that couple or that marriage, except that where any such member is a registered student any amounts in respect of that student shall be disregarded.”;

(b) paragraph (3) shall be amended by substituting the words “paragraphs 5 and 5A of the 1988 Act (1)”

(c) after paragraph (3) there shall be added the following paragraph —

“(4) In calculating the maximum community charge benefit under paragraphs (1) and (2) any reduction in the amount a person is liable to pay in respect of a personal community charge in consequence of regulations made under section 13A of the 1988 Act (2)or section 9A of the 1987 Act (3) (reduced liability for personal community charge), shall be taken into account.”.

(1)

1988 c. 41; paragraph 5 of Schedule 2 to the 1988 Act was substituted and a new paragraph 5A was added by the Local Government and Housing Act 1989 (c. 42), Schedule 5, paragraph 11(4).

(2)

1988 c. 41; section 13A was inserted in theLocal Government Finance Act 1988 by the Local Government and Housing Act 1989 (c. 42), Schedule 5, paragraph 5.

(3)

1987 c. 47; section 9A was inserted in the Abolition of Domestic Rates Etc (Scotland) Act 1987by section 143 of the Local Government and Housing Act 1989.