The Council Tax Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 2006 No. 216

1. Introductory Text

2. PART 1 General

   1. 1. Citation and commencement

   2. 2. Interpretation

   3. 3. Definition of non-dependant

   4. 4. Section 1(1A) of the Administration Act disapplied

   5. 5. Application of Regulations

   6. 6. Remunerative work

   7. 7. Persons from abroad

   8. 8. Prescribed persons for the purposes of section 131(3)(b) of the Act

3. PART 2 Membership of a family

   1. 9. Persons of prescribed description for the definition of family in section 137(1) of the Act

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

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

4. PART 3 Applicable amounts

   1. 12. Applicable amounts

5. PART 4 Income and capital

   1. SECTION 1 General

      1. 13. Calculation of income and capital of members of claimant's family and of a polygamous marriage

      2. 14. Circumstances in which income of non-dependant is to be treated as claimant's

   2. SECTION 2 Income and capital

      1. 15. Calculation of income and capital

      2. 16. Claimant in receipt of guarantee credit

      3. 17. Calculation of claimant's income in savings credit only cases

      4. 18. Calculation of income and capital where state pension credit is not payable

      5. 19. Meaning of “income”

      6. 20. Calculation of income on a weekly basis

      7. 21. Treatment of child care charges

      8. 22. Calculation of average weekly income from tax credits

      9. 23. Calculation of weekly income

      10. 24. Disregard of changes in tax, contributions etc

   3. SECTION 3 Employed earners

      1. 25. Earnings of employed earners

      2. 26. Calculation of net earnings of employed earners

   4. SECTION 4 Self-employed earners

      1. 27. Calculation of earnings of self-employed earners

      2. 28. Earnings of self-employed earners

      3. 29. Calculation of net profit of self-employed earners

      4. 30. Deduction of tax and contributions for self-employed earners

   5. SECTION 5 Other income

      1. 31. Notional income

      2. 32. Income paid to third parties

   6. SECTION 6 Capital

      1. 33. Capital limit

      2. 34. Calculation of capital

      3. 35. Calculation of capital in the United Kingdom

      4. 36. Calculation of capital outside the United Kingdom

      5. 37. Notional capital

      6. 38. Diminishing notional capital rule

      7. 39. Capital jointly held

6. PART 5 Amount of benefit

   1. 40. Maximum council tax benefit

   2. 41. Amount payable during extended payment period when an extended payment is payable pursuant to regulation 60 or 61 of the Council Tax Benefit Regulations

   3. 42. Non-dependant deductions

   4. 43. Council tax benefit taper

   5. 44. Extended Payments (qualifying contributory benefits)

   6. 44A. Duration of extended payment period (qualifying contributory benefits)

   7. 44B. Amount of extended payment (qualifying contributory benefits)

   8. 44C. Extended payments (qualifying contributory benefits) – movers

   9. 44D. Relationship between extended payment (qualifying contributory benefits) and entitlement to council tax benefit under the general conditions of entitlement

   10. 45. Continuing payments where state pension credit claimed

   11. 46. Alternative maximum council tax benefit

   12. 47. Residents of a dwelling to whom section 131(6) of the Act does not apply

7. PART 6 Period of entitlement, changes of circumstances and increases for exceptional circumstances

   1. 48. Date on which entitlement is to begin

   2. 49. Date on which council tax benefit is to end where entitlement to severe disablement allowance or incapacity benefit ceases

   3. 50. Date on which change of circumstances is to take effect

   4. 51. Change of circumstances where state pension credit in payment

8. PART 7 Claims

   1. 52. Who may claim

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

   3. 53A. Electronic claims for benefit

   4. 54. Date of claim where claim sent or delivered to a gateway office

   5. 55. Date of claim where claim sent or delivered to an office of a designated authority

   6. 56. Time for claiming council tax benefit

   7. 57. Evidence and information

   8. 58. Amendment and withdrawal of claim

   9. 59. Duty to notify changes of circumstances

   10. 59ZA. Alternative means of notifying changes of circumstances

   11. 59A. Notice of changes of circumstances given electronically

9. PART 8 Decisions on questions

   1. 60. Decisions by a relevant authority

   2. 61. Notification of decision

10. PART 9 Awards or payments of benefit

    1. 62. Time and manner of granting council tax benefit

    2. 63. Person to whom benefit is to be paid

    3. 64. Shortfall in benefit

    4. 65. Payment on the death of the person entitled

    5. 66. Offsetting

11. PART 10 Excess benefit

    1. 67. Meaning of excess benefit

    2. 68. Recoverable excess benefit

    3. 69. Authority by which recovery may be made

    4. 70. Persons from whom recovery may be sought

    5. 71. Methods of recovery

    6. 72. Further provision as to recovery of excess benefit

    7. 73. Diminution of capital

    8. 74. Sums to be deducted in calculating recoverable excess benefit

    9. 75. Recovery of excess benefit from prescribed benefits

12. PART 11 Information

    1. SECTION 1 Claims and information

       1. 76. Interpretation

       2. 77. Collection of information

       3. 77A. Verifying information

       4. 78. Recording and holding information

       5. 79. Forwarding of information

       6. 80. Request for information

    2. SECTION 2 Information between authorities etc.

       1. 81. Information to be supplied by an authority to another authority

       2. 82. Supply of information: extended payments (severe disablement allowance and incapacity benefit)

       3. 83. Supply of benefit administration information between authorities

13. Signature

14. 1. SCHEDULE 1

       Applicable amounts

       1. PART 1 Personal allowances

          1. 1. The amounts specified in column (2) below in respect of...

          2. 2. (1) The amount specified in column (2) below in respect...

       2. PART 2 Family premium

          1. 3. (1) The amount for the purposes of regulation 12(1)(c) and...

       3. PART 3 Premiums

          1. 4. The premiums specified in Part 4 shall, for the purposes...

          2. 5. (1) Subject to sub-paragraph (2), for the purposes of this...

          3. 6. Severe Disability Premium

          4. 7. Enhanced disability premium

          5. 8. Disabled Child Premium

          6. 9. Carer Premium

          7. 10. Persons in receipt of concessionary payments

          8. 11. Person in receipt of benefit

       4. PART 4 Amounts of premiums specified in Part 3

    2. SCHEDULE 2

       Sums disregarded from claimant's earnings

       1. 1. Where two or more of paragraphs 2 to 5 apply...

       2. 2. In a case where a claimant is a lone parent,...

       3. 3. (1) In a case of earnings from any employment or...

       4. 4. (1) If the claimant or, if he has a partner,...

       5. 5. (1) £20 is disregarded if the claimant or, if he...

       6. 5A. (1) Where— (a) the claimant (or if the claimant is...

       7. 6. Any amount or the balance of any amount which would...

       8. 7. Except where the claimant or his partner qualifies for a...

       9. 8. Any earnings, other than earnings referred to in regulation 23(8)(b),...

       10. 9. (1) In a case where the claimant is a person...

       11. 10. Where a payment of earnings is made in a currency...

    3. SCHEDULE 3

       Amounts to be disregarded in the calculation of income other than earnings

       1. 1. In addition to any sum which falls to be disregarded...

       2. 2. The whole of any amount included in a pension to...

       3. 3. Any mobility supplement under article 20 of the Naval, Military...

       4. 4. Any supplementary pension under article 23(2) of the Naval, Military...

       5. 5. In the case of a pension awarded at the supplementary...

       6. 6. (1) Any payment which is— (a) made under any of...

       7. 7. £15 of any widowed parent's allowance to which the claimant...

       8. 8. £15 of any widowed mother's allowance to which the claimant...

       9. 9. Where the claimant occupies a dwelling as his home and...

       10. 10. If the claimant— (a) owns the freehold or leasehold interest...

       11. 11. Where a claimant receives income under an annuity purchased with...

       12. 12. (1) Any payment, other than a payment to which sub-paragraph...

       13. 13. Any increase in pension or allowance under Part 2 or...

       14. 14. Any payment ordered by a court to be made to...

       15. 15. Periodic payments made to the claimant or the claimant's partner...

       16. 16. Any income which is payable outside the United Kingdom for...

       17. 17. Any banking charges or commission payable in converting to Sterling...

       18. 18. Where the claimant makes a parental contribution in respect of...

       19. 19. (1) Where the claimant is the parent of a student...

       20. 20. (1) Where a claimant's applicable amount includes an amount by...

       21. 21. Except in a case which falls under paragraph 9 of...

       22. 22. Any special war widows payment made under—

       23. 23. Where the total value of any capital specified in Part...

       24. 24. Except in the case of income from capital specified in...

       25. 25. Where the claimant, or the person who was the partner...

    4. SCHEDULE 4

       Capital disregards

       1. PART 1 Capital to be disregarded

          1. 1. Any premises acquired for occupation by the claimant which he...

          2. 2. Any premises which the claimant intends to occupy as his...

          3. 3. Any premises which the claimant intends to occupy as his...

          4. 4. Any premises occupied in whole or in part—

          5. 5. Any future interest in property of any kind, other than...

          6. 6. Where a claimant has ceased to occupy what was formerly...

          7. 7. Any premises where the claimant is taking reasonable steps to...

          8. 8. All personal possessions.

          9. 9. The assets of any business owned in whole or in...

          10. 10. The assets of any business owned in whole or in...

          11. 11. The surrender value of any policy of life insurance.

          12. 12. The value of any funeral plan contract; and for this...

          13. 13. Where an ex-gratia payment has been made by the Secretary...

          14. 14. (1) Subject to sub-paragraph (2), the amount of any trust...

          15. 15. The amount of any payment, other than a war pension,...

          16. 16. (1) Any payment made under or by—

          17. 17. (1) An amount equal to the amount of any payment...

          18. 18. Any amount specified in paragraph 19, 20, 21 or 25A...

          19. 19. Amounts paid under a policy of insurance in connection with...

          20. 20. So much of any amounts paid to the claimant or...

          21. 21. (1) Subject to paragraph 22 any amount paid—

          22. 22. (1) Subject to sub-paragraph (3), any payment of £5,000 or...

          23. 23. Where a capital asset is held in a currency other...

          24. 24. The value of the right to receive income from an...

          25. 25. Capital disregards

          26. 25A. Any arrears of supplementary pension which is disregarded under paragraph...

          27. 26. The dwelling occupied as the home; but only one dwelling...

          28. 26A. (1) Subject to sub-paragraph (2), where a claimant satisfies the...

          29. 26B. Any payment made under Part 8A of the Act (entitlement...

          30. 26C. Where a person elects to be entitled to a lump...

       2. PART 2 Capital disregarded only for the purposes of determining deemed income

          1. 27. The value of the right to receive any income under...

          2. 28. The value of the right to receive any rent except...

          3. 29. The value of the right to receive any income under...

          4. 30. Where property is held under a trust, other than—

    5. SCHEDULE 5

       Extended payments (severe disablement allowance and incapacity benefit) of council tax benefit

       1. 1. Condition for an extended payment (severe disablement allowance and incapacity benefit)

       2. 2. Calculation and payment of an extended payment (severe disablement allowance and incapacity benefit)

       3. 3. Movers

       4. 4. In a case to which paragraph 3 applies the amount...

       5. 5. The maximum council tax benefit of a mover the amount...

       6. 6. Adjustment of entitlement in respect of an extended payment (severe disablement allowance and incapacity benefit)

       7. 7. Interpretation

    6. SCHEDULE 6

       Amount of alternative maximum council tax benefit

       1. 1. (1) Subject to paragraphs 2 and 3, the alternative maximum...

       2. 2. In determining a second adult's gross income for the purposes...

       3. 3. Where there are two or more second adults residing with...

    7. SCHEDULE 7

       Matters to be included in the decision notice

       1. PART 1 General

          1. 1. The statement of matters to be included in any decision...

          2. 2. Every decision notice shall include a statement as to the...

          3. 3. Every decision notice shall include a statement as to the...

          4. 4. Every decision notice following an application for a revision in...

          5. 5. Every decision notice following an application for a revision in...

          6. 6. An authority may include in the decision notice any other...

          7. 7. Parts 2, 3 and 4 of this Schedule shall apply...

          8. 8. Where a decision notice is given following a revision of...

       2. PART 2 Awards where state pension credit or an extended payment (qualifying contributory benefits) is payable

          1. 9. (1) Where a person on state pension credit is awarded...

       3. PART 3 Awards of council tax benefit where state pension credit not in payment

          1. 10. Where a person is not on state pension credit but...

       4. PART 4 Notice where income of non-dependant is treated as claimant's income

          1. 11. Where an authority makes a decision under regulation 14 (circumstances...

       5. PART 5 Notice where no award is made

          1. 12. Where a person is not awarded council tax benefit under...

       6. PART 6 Awards where alternative maximum council tax benefit is payable in respect of a day

          1. 13. Where a person is awarded council tax benefit determined in...

          2. 14. Notice where no award of alternative maximum council tax benefit is made

          3. 15. Notice where council tax benefit is awarded and section 131(9) of the Act applies

       7. PART 7 Notice where there is recoverable excess benefit

          1. 16. Except in cases to which paragraphs (a) and (b) of...

    8. SCHEDULE 8

       Electronic Communication

       1. PART 1 Introduction

          1. 1. Interpretation

       2. PART 2 Electronic Communication – General Provisions

          1. 2. Conditions for the use of electronic communication

          2. 3. Use of intermediaries

       3. PART 3 Electronic Communication – Evidential Provisions

          1. 4. Effect of delivering information by means of electronic communication

          2. 5. Proof of identity of sender or recipient of information

          3. 6. Proof of delivery of information

          4. 7. Proof of content of information

15. Explanatory Note