The Social Security (Miscellaneous Amendments) (No. 3) Regulations 2011

Amendments to the Council Tax Benefit Regulations 2006

This section has no associated Explanatory Memorandum

21.—(1) The Council Tax Benefit Regulations 2006(1) are amended as follows.

(2) In regulation 2(1) (interpretation)—

(a)after the definition of “care home” insert–

“the Caxton Foundation” means the charitable trust of that name established on 28th March 2011 out of funds provided by the Secretary of State for the benefit of certain persons suffering from hepatitis C and other persons eligible for payment in accordance with its provisions;; and

(b)in the definition of “qualifying person” after “the Skipton Fund” insert “, the Caxton Foundation”.

(3) In regulation 7 (persons from abroad) omit paragraph (4A)(f)(i)(2).

(4) In regulation 27(1) (earnings of self-employed earners) omit the words from “and shall include” to the end of the paragraph.

(5) In regulations 32(7)(a)(3) (notional income), 36(6) (income treated as capital) and 58(9)(b) non-dependant deductions), and in paragraph 2(b) of Schedule 2 (amount of alternative maximum council tax benefit), paragraph 36(1) of Schedule 4 (sums to be disregarded in the calculation of income other than earnings) and paragraph 34 of Schedule 5 (capital to be disregarded), after “MFET Limited” insert “, the Skipton Fund, the Caxton Foundation”.

(6) In—

(a)paragraph 24(1) of Schedule 5 for “the Skipton Funds” substitute “the Skipton Fund, the Caxton Foundation”; and

(b)regulations 39(4)(a) (notional capital) and 72(4)(a)(ii) (evidence and information), and paragraph 36(7) of Schedule 4, paragraph 24(7) of Schedule 5, after “the Skipton Fund” insert “, the Caxton Foundation”.

(7) In Schedule 1 (applicable amounts)—

(a)in paragraph 3(4) (family premium)–

(i)in sub-paragraph (1) omit “Subject to sub-paragraph (2)”, and

(ii)omit sub-paragraph (2)(5); and

(b)in paragraph 15(1A)(6) (enhanced disability premium) after “claimant” insert “or partner”.

(8) In paragraph 12 of Schedule 4 and paragraph 53 of Schedule 5—

(a)in sub-paragraph (1), after paragraph (a)(iii) omit “or”;

(b)in sub-paragraph (1), after paragraph (b) add–

; or

(c)in England, by way of financial assistance made pursuant to section 14 of the Education Act 2002.; and

(c)in sub-paragraph (2), after “education maintenance allowance” insert “or other payment”.

(2)

Paragraph (4A) was inserted by regulation 2(2)(a) of S.I. 2006/1026. Sub-paragraph (f) was substituted by regulation 7 of S.I. 2006/3341.

(3)

Regulation 32 has been amended by other instruments not material to these Regulations.

(4)

Sub-paragraph (1) was amended by article 22(5) of S.I. 2011/821 and sub-paragraph (2) was substituted by regulation 4(5)(a) of S.I. 2010/2449.

(5)

Sub-paragraph (2) was substituted by regulation 4(5)(a) of S.I. 2010/2449.

(6)

Paragraph 15(1A) was inserted by regulation 14(2)(a) of S.I. 2011/674.