http://www.legislation.gov.uk/id/uksi/1994/578

http://www.legislation.gov.uk/uksi/1994/578/regulation/11/made

The Housing Benefit and Council Tax Benefit (Miscellaneous Amendments) Regulations 1994

Housing benefit

Benefits

Council tax

Council tax benefit

Pensions

King's Printer of Acts of Parliament

2016-01-26

SOCIAL SECURITY

These Regulations further amend the Housing Benefit (General) Regulations 1987 (S. I.1987/1971), the Housing Benefit (Supply of Information) Regulations 1988 (S. I.1988/662) and the Council Tax Benefit (General) Regulations 1992 (S. I.1992/1814) so that with respect to each benefit—they provide a definition of “personal pension scheme” and omit the definition of “boarder” (regulations 2 and 15);they further specify the amount to be deducted in certain circumstances in respect of national insurance contributions when calculating a person’s income (regulations 4, 7, 17 and 20);with respect to the calculation of the earnings of self-employed earners, they amend the provisions for calculating the weekly amount of earnings; they amend the definition of earnings in relation to certain allowances paid to assist a person in carrying on his business; and they provide that a proportion of any premium paid in respect of a personal pension scheme shall be disregarded (regulations 3, 5, 6, 16, 18 and 19);they further define the amount to be disregarded in calculating a student’s covenant income and a student’s income other than grant income and covenant income (regulations 8, 9, 21 and 22);they make further provision as to the date on which a change of circumstances is to take effect, where the change is in respect of a person’s income (regulations 11 and 23);with respect to the calculation of income other than earnings they provide a disregard where an increase of a specified benefit is payable in respect of a dependant who is not a member of the claimant’s family, and further define the amount to be disregarded in respect of payments made to a claimant where other persons occupy the claimant’s home (regulations 13 and 25);they specify the time within which authorities shall supply to the Secretary of State information as to cases in which there has been an intervention by a designated fraud officer of the authority (regulations 14 and 24).

The Housing Benefit and Council Tax Benefit (Miscellaneous Amendments) Regulations 1994

Regulations

The Housing Benefit and Council Tax Benefit (Consequential Provisions) Regulations 2006

Sch. 1

reg. 2

Sch. 3

reg. 1(1)

Amendment of regulation 68 of the Housing Benefit Regulations11

1

Regulation 68 of the Housing Benefit Regulations (date on which change of circumstances is to take effect)16 shall be amended in accordance with the following provisions of this regulation.

2

In paragraph (1) for the words “paragraphs (2) to (5)” there shall be substituted the words “paragraphs (2) to (6)”.

3

After paragraph (5) there shall be added the following paragraph—

6
Where the change of circumstances is that income, or an increase in the amount of income, other than a benefit or an increase in the amount of a benefit under the Contributions and Benefits Act, is paid in respect of a past period and there was no entitlement to income of that amount during that period, the change of circumstances shall take effect from the first day on which such income, had it been paid in that period at intervals appropriate to that income, would have fallen to be taken into account for the purposes of these Regulations.

4

Paragraph (3) of this regulation shall only apply in the case of a change of circumstances which affects entitlement to housing benefit, or the amount of housing benefit, where entitlement to housing benefit arose pursuant to a claim for that benefit determined on or after 1st April 1994 or, in a case to which regulation 1(1)(b)(ii) of these Regulations applies, 4th April 1994.