The Income-related Benefits Schemes (Miscellaneous Amendments) Regulations 1993

PART I AMENDMENTS TO THE INCOME SUPPORT REGULATIONS

Amendment of regulation 42

2.  In regulation 42(4)(a)(ii) (notional income)(1) for the words “personal community charge, collective community charge contribution” there shall be substituted the words “council tax”.

Amendment of regulation 51

3.  In regulation 51(3)(a)(ii) (notional capital)(1) for the words “personal community charge, collective community charge contribution” there shall be substituted the words “council tax”.

Amendment of regulation 51A

4.  In regulation 51A(3) (diminishing notional capital rule)(2) after sub-paragraph (c) there shall be added the following sub-paragraph—

“(d) the amount of council tax benefit (if any) equal to the difference between his maximum council tax benefit and the amount (if any) of council tax benefit which he is awarded in respect of the benefit week which includes the last day of the relevant week, and for this purpose “benefit week” has the same meaning as in regulation 2(1) of the Council Tax Benefit (General) Regulations 1992(3) (interpretation).”.

Amendment of Schedule 9

5.—(1) Schedule 9 (sums to be disregarded in the calculation of income other than earnings) shall be amended in accordance with the following provisions of this paragraph.

(2) In paragraph 15(2)(4) for the words “personal community charge, collective community charge contribution” there shall be substituted the words “council tax”.

(3) Paragraph 44(5) shall be omitted.

(4) In paragraph 46(6) there shall be added at the end the words “or reduction of council tax under section 13 or, as the case may be, section 80 of the Local Government Finance Act 1992(7) (reduction of liability for council tax).”.

(5) At the end of the Schedule(8) there shall be added the following paragraph—

“52.   Any council tax benefit.”.

Amendment of Schedule 10

6.—(1) Schedule 10 (capital to be disregarded) shall be amended in accordance with the following provisions of this paragraph.

(2) Paragraph 35(9) shall be omitted.

(3) In paragraph 36(10) after the words “(reduction of liability for personal community charge)” there shall be inserted the words “or reduction of council tax under section 13 or, as the case may be, section 80 of the Local Government Finance Act 1992(11) (reduction of liability for council tax),”.

(1)

Relevant amending instruments are S.I. 1988/1445, 1989/534, 1990/127, 1991/1175, 1991/1559 and 1992/1101.

(2)

Regulation 51A was inserted by S.I. 1990/1776.

(3)

S.I. 1992/1814.

(4)

Relevant amending instruments are S.I. 1990/547 and 1991/1559.

(5)

Paragraph 44 was added by S.I. 1988/2022.

(6)

Paragraph 46 was added by S.I. 1990/547.

(7)

1992 c. 14.

(8)

Paragraph 51 was added by S.I. 1992/468.

(9)

Paragraph 35 was added by S.I. 1988/2022.

(10)

Paragraph 36 was added by S.I. 1990/547.

(11)

1992 c. 14.