PART 3AMENDMENTS TO SECONDARY LEGISLATION

Amendments to the Council Tax Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 200622.

(1)

The Council Tax Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 200698 are amended as follows.

(2)

In regulation 2(1) (interpretation)—

(a)

after the definition of “carer’s allowance” 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)99.

(4)

In regulation 12 (applicable amounts) omit paragraph (1)(d)100.

(5)

In regulation 28(1) (earnings of self-employed earners) omit the words from “and shall include” to the end of the paragraph.

(6)

In regulation 32 (income paid to third parties)—

(a)

in paragraph (1) for “paragraph (2)” substitute “paragraphs (2) or (3)”; and

(b)

after paragraph (2) insert–

“(3)

Paragraph (1) shall not apply in respect of any payment of income other than earnings, or earnings derived from employment as an employed earner, arising out of the claimant’s participation in a service user group.”.

(7)

In regulation 42(9)(b) (non-dependant deductions) and paragraph 2(b) of Schedule 6 (amount of alternative maximum council tax benefit) after “MFET Limited” insert “, the Skipton Fund, the Caxton Foundation”.

(8)

In regulation 57(4)(a) (evidence and information) and paragraph 16(1)(a) of Schedule 4 (capital disregards) after “the Skipton Fund” insert “, the Caxton Foundation”.

(9)

In Schedule 1 (applicable amounts)—

(a)

in paragraph 3 (family premium) omit sub-paragraph (2)101; and

(b)

in paragraph 7(2)102 (enhanced disability premium) after “claimant” insert “or partner”.

(10)

In Part 1 (capital to be disregarded) of Schedule 4, after paragraph 26C103 insert—

“26D.

Any payments made by virtue of regulations made under—

(a)

section 57 of the Health and Social Care Act 2001 (direct payments)104;

(b)

section 12B of the Social Work (Scotland) Act 1968 (direct payments in respect of community care services)105; or

(c)

sections 12A to 12C of the National Health Service Act 2006 (direct payments for health care)106.”.