The Council Tax Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 2006

Where there are two or more second adults residing with the claimant for benefit and any such second adult falls to be disregarded for the purposes of discount in accordance with Schedule 1 to the 1992 Act, his income shall be disregarded in determining the amount of any alternative maximum council tax benefit, unless that second adult is a member of a couple and his partner does not fall to be disregarded for the purposes of discount.

SCHEDULE 7 — Matters to be included in the decision notice

PART 1 — General

1

The statement of matters to be included in any decision notice issued by a relevant authority to a person, and referred to in regulation 61 (notification of decision) and in regulation 10 of the Decisions and Appeals Regulations are those matters set out in the following provisions of this Schedule.

2

Every decision notice shall include a statement as to the right of any person affected by that decision to request a written statement under regulation 61(2) (requests for statement of reasons) and the manner and time in which to do so.

3

Every decision notice shall include a statement as to the right of any person affected by that decision to make an application for a revision in accordance with regulation 4(1)(a) of the Decisions and Appeals Regulations and, where appropriate, to appeal against that decision and the manner and time in which to do so.

4

Every decision notice following an application for a revision in accordance with regulation 4(1)(a) of the Decisions and Appeals Regulations shall include a statement as to whether the original decision in respect of which the person made his representations has been confirmed or revised and where the relevant authority has not revised the decision the reasons why not.

5

Every decision notice following an application for a revision in accordance with regulation 4(1)(a) of the Decisions and Appeals Regulations shall, if the original decision has been revised, include a statement as to the right of any person affected by that decision to apply for a revision in accordance with regulation 4(1)(a) of those Regulations and the manner and time in which to do so.

6

An authority may include in the decision notice any other matters not prescribed by this Schedule which it sees fit, whether expressly or by reference to some other document available without charge to the person.

7

Parts 2, 3 and 4 of this Schedule shall apply only to the decision notice given on a claim.

8

Where a decision notice is given following a revision of an earlier decision—

• (a) made of the authority's own motion which results in a revision of that earlier decision; or

• (b) made following an application for a revision in accordance with regulation 4(1)(a) of the Decisions and Appeals Regulations, whether or not resulting in a revision of that earlier decision,

that notice shall, subject to paragraph 6, contain a statement only as to all the matters revised.

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

9

• (1) Where a person on state pension credit is awarded council tax benefit, the decision notice shall include a statement as to—

• (a) the normal weekly amount of council tax which may be rounded to the nearest penny;

• (b) the normal weekly amount of the council tax benefit, which amount may be rounded to the nearest penny;

• (c) the amount of and the category of non-dependant deductions made under regulation 42, if any;

• (d) the first day of entitlement to the council tax benefit; and

• (e) his duty to notify any change of circumstances which might affect his entitlement to, or the amount of council tax benefit and, without prejudice to the extent of the duty owed under regulation 59 (duty to notify changes of circumstances), the kind of change of circumstances which is to be notified, either upon the notice or by reference to some other document available to him on application without charge,

and in any case where the amount to which sub-paragraph (a) or (b) refers disregards fractions of a penny, the notice shall include a statement to that effect.

• (2) In a case where a person on state pension credit has entitlement only to the savings credit, the following additional matters shall also be set out—

• (a) the applicable amount and the basis of calculation;

• (b) the amount of the savings credit ... taken into account;

• (c) the amount of the person's income and capital as notified to the local authority by the Secretary of State and taken into account for the purposes of the council tax benefit assessment;

• (d) any modification of the claimant's income or capital made in accordance with regulation 17 (calculation of claimant's income in savings credit only cases); and

• (e) the amount of the claimant's capital if paragraph (7) of regulation 17 applies in his case.

• (3) Where a claimant is entitled to an extended payment (qualifying contributory benefits) in accordance with regulation 44, the decision notice shall include a statement as to the matters set out in paragraph 9(1).

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

10

Where a person is not on state pension credit but is awarded council tax benefit, the decision notice shall include a statement as to—

• (a) the matters set out in paragraph 9;

• (b) his applicable amount and how it is calculated;

• (c) his weekly earnings; and

• (d) his weekly income other than earnings.

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

11

Where an authority makes a decision under regulation 14 (circumstances in which income of non-dependant is to be treated as claimant's) the decision notice shall contain a statement as to—

• (a) the fact that a decision has been made by reference to the income and capital of the claimant's non-dependant; and

• (b) the relevant authority's reasons for making that decision.

PART 5 — Notice where no award is made

12

Where a person is not awarded council tax benefit under regulation 40 (maximum council tax benefit)—

• (a) on grounds of income, the decision notice shall include a statement as to—

• (i) the matters set out in paragraph 9(1)(a); and

• (ii) the matters set out in paragraph 10(b) to (d) where the person is not on state pension credit;

• (b) on the grounds that the amount of the alternative maximum council tax benefit exceeds the appropriate maximum council tax benefit, the matters set out in paragraph 15;

• (c) for any reason other than one mentioned in sub-paragraph (a) or (b), the decision notice shall include a statement as to the reason why no award has been made.

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

13

Where a person is awarded council tax benefit determined in accordance with regulation 46 and Schedule 6 (alternative maximum council tax benefit) the decision notice shall include a statement as to—

• (a) the normal weekly amount of council tax, which amount may be rounded to the nearest penny;

• (b) the normal weekly amount of the alternative maximum council tax benefit, which amount may be rounded to the nearest penny;

• (c) the gross income or incomes and the rate of benefit which apply under Schedule 6;

• (d) the first day of entitlement to benefit;

• (e) the gross income of any second adult used to determine the rate of the alternative maximum council tax benefit or if any such adult is on income support, state pension credit, an income-based jobseeker's allowance or an income-related employment and support allowance;

• (f) the claimant's duty to notify any change of circumstances which might affect his entitlement to, or the amount of the alternative maximum council tax benefit and, without prejudice to the extent of the duty owed under regulation 59 (duty to notify changes of circumstances) the kind of change of circumstances which are to be notified, either upon the notice or by reference to some other document available to the claimant free of charge on application,

and in any case where the amount to which sub-paragraph (a) or (b) refers disregards fractions of a penny, the notice shall include a statement to that effect.

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

14

Where a person is not awarded council tax benefit in accordance with regulation 46 and Schedule 6 (alternative maximum council tax benefit)—

• (a) on the grounds that the gross income or as the case may be the aggregate gross incomes, of any second adult or adults in the claimant's dwelling is too high, the decision notice shall include a statement as to the matters set out in paragraphs 13(a), (c) and (e);

• (b) on the grounds that the appropriate maximum council tax benefit is higher than the alternative maximum council tax benefit, the decision notice shall include a statement as to the matters set out in paragraph 15 below;

• (c) for any reason not referred to in sub-paragraphs (a) and (b), the decision notice shall include a statement as to why no award has been made.

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

15

Where the amount of a claimant's council tax benefit in respect of a day is the greater of the appropriate maximum council tax benefit and the alternative maximum council tax benefit in his case the notice shall in addition to the matters set out in paragraphs 9, 10 or 13, as the case may be, include a statement as to—

• (a) the amount of whichever is the lesser of the appropriate maximum council tax benefit or the alternative maximum council tax benefit in his case, which amount may be rounded to the nearest penny; and

• (b) that this amount has not been awarded in consequence of the award of council tax benefit at a higher rate,

and in any case where the amount to which sub-paragraph (a) refers disregards fractions of a penny, the notice shall include a statement to that effect.

PART 7 — Notice where there is recoverable excess benefit

16

Except in cases to which paragraphs (a) and (b) of regulation 67 (excess benefit in consequence of a reduction in a relevant authority's council tax) refers, where the relevant authority makes a decision that there is recoverable excess benefit within the meaning of regulation 68 (recoverable excess benefit), the decision notice shall include a statement as to—

• (a) the fact that there is recoverable excess benefit;

• (b) the reason why there is recoverable excess benefit;

• (c) the amount of recoverable excess benefit;

• (d) how the amount of recoverable excess benefit was calculated;

• (e) the benefit weeks to which the recoverable excess benefit relates; and

• (f) the method or combination of methods by which the authority intends to recover the recoverable excess benefit, including—

• (i) payment by or on behalf of the person concerned of the amount due by the specified date;

• (ii) addition of the amount due to any amount in respect of the tax concerned for payment whether by instalments or otherwise by the specified date or dates; or

• (iii) if recovery cannot be effected in accordance with heads (i) or (ii), requesting the Secretary of State to recover the excess benefits by deduction from the benefit prescribed in regulation 75 (recovery of excess benefits from prescribed benefits).

Signed

Signed by authority of the Secretary of State for Work and Pensions

James Plaskitt — Parliamentary Under-Secretary of State, — 2006-02-02

Explanatory note

(This note is not part of the Regulations)

Footnotes

[^f00001]: 1992 c. 4; section 123 and 131 were amended to have effect in relation to council tax benefit by the Local Government Finance Act 1992 (c. 14), Schedule 9, paragraphs 1 and 4; section 136A was inserted by paragraph 3 of Schedule 2 to the State Pension Credit Act 2002 (c. 16); section 137(1) is an interpretation provision and is cited for the meaning of the words “family” and “prescribed”; sections 175(1) and (4) were amended by paragraph 29 of Schedule 3 to the Social Security Contributions (Transfer of Functions, etc.) Act 1999 (c. 2); and section 175(5) was amended by paragraph 36 of Schedule 1 to the Social Security (Incapacity for Work) Act 1994 (c. 18).

[^f00002]: 1992 c. 5; section 126A was inserted by section 11 of the Social Security Administration (Fraud) Act 1997 (c. 47); section 128A was inserted by section 28(2) of the Jobseekers Act 1995 (c. 18); section 136A(3) and (4) was inserted by the State Pension Credit Act 2002 (c. 16), Schedule 2, paragraph 3; section 189(1) was amended by paragraph 57 of Schedule 3 to the Security Contributions (Transfer of Functions, etc.) 1999, Schedule 8 and paragraph 109 of Schedule 7 to the Social Security Act 1998 (c. 14) and Schedule 6 to the Tax Credits Act 2002 (c. 21); section 134 was amended by the Housing Act 1996 (c. 52), Schedule 12, paragraph 1; section 189(4) and (5) was amended by Schedule 8 and paragraph 109 of Schedule 7 to the Social Security Act 1998; section 191 is cited for the meaning of the word “prescribe”.

[^f00003]: 1998 c. 14; section 79(1) was amended by paragraphs 12 and 13 of Schedule 4 to the Tax Credits Act 2002; section 84 is cited for the meaning of the word “prescribe”.

[^f00004]: See section 172 of, and paragraph 10 of Part I of Schedule 7 to, the Social Security Administration Act 1992.

[^f00005]: 1992 c. 5.

[^f00006]: 1973 c. 50; amended by the Employment Act 1988 (c. 19), the Employment Act 1989 (c. 38) and the Trade Union Reform and Employment Rights Act 1993 (c. 19).

[^f00007]: 1996 c. 18; sections 75A and 75B were inserted by section 3 of the Employment Act 2002 (c. 22).

[^f00008]: See in particular paragraph 7(2)(b) of Schedule 8.

[^f00009]: S.I. 1983/686; the relevant amending Instruments are S.I. 1983/1164, 1984/1675 and 2001/420.

[^f00010]: 1995 c. 18; the Jobseekers Act is amended by the Welfare Reform and Pensions Act 1999(c. 30) section 59 and Schedule 7.

[^f00011]: 2000 c. 14.

[^f00012]: 2001 asp 8.

[^f00013]: Invalid care allowance is known as carer’s allowance– see S.I. 2002/1457.

[^f00014]: S.I.1995/755 (N.1. 2).

[^f00015]: S.I. 2006/217.

[^f00017]: S.I. 2005/439.

[^f00018]: S.I. 2006/213.

[^f00019]: 1999 c. 33.

[^f00020]: S.I. 1987/1967.

[^f00021]: 1995 c. 18.

[^f00022]: S.I. 1996/207.

[^f00023]: 1988 c. 1; the definition of “lower rate” was added the Finance Act 1992 (c. 20), section 9(9).

[^f00024]: 1996 c. 18.

[^f00025]: Sections 80A and 80B were inserted by section 1 of the Employment Act 2002 (c. 22).

[^f00026]: 1993 c. 48; the definition of “personal pension scheme” was substituted by the Welfare Reform and Pensions Act 1999 (c. 30).

[^f00027]: S.I. 2002/195.

[^f00028]: S.S.I. 2000/200.

[^f00029]: S.R. 2001/277.

[^f00030]: 1993 c. 39; section 23(2) was amended by art.2 of the National Lottery etc. Act 1993 (Amendment of section 23) Order 1996 (S.I. 1996/3095).

[^f00031]: 2002 c. 16.

[^f00032]: 2002 c. 21.

[^f00033]: 1973 c. 50; section 2 was amended by section 25(1) of the Employment Act 1988 (c. 19), by Part I of Schedule 7 to the Employment Act 1989 (c. 38) and by section 47(1) of the Trade Union Reform and Employment Rights Act 1993(c. 19).

[^f00034]: 1917 c. 51.

[^f00035]: 1939 c. 82.

[^f00036]: 1939 c. 83.

[^f00037]: 1947 c. 19.

[^f00038]: 1980 c. 9.

[^f00039]: 2003 c. 1.

[^f00040]: 1991 c. 56.

[^f00041]: 1992 c. 14.

[^f00042]: S.I. 2002/2005.

[^f00043]: Section 20A inserted by the Welfare Reform and Pensions Act 1999 (c. 30), section 59 and Schedule 7, paragraph 13.

[^f00044]: 2000 c. 19.

[^f00045]: 2001 c. 11.

[^f00046]: S.I. 2002/1792.

[^f00047]: See the Housing Benefit and Council Tax Benefit (Consequential Provisions) Regulations 2006 (S.I. 2006/217), regulation 7 and Schedule 4, paragraph 3 for regulation 7A and Schedule A1 (claims by refugees).

[^f00048]: S.I. 2000/2326, to which there are amendments not relevant to these Regulations.

[^f00049]: S.I. 2004/1219.

[^f00050]: S.I. 2000/636.

[^f00051]: See the Housing Benefit and Council Tax Benefit (Consequential Provisions) Regulations 2006 (S.I. 2006/217), regulation 7 and Schedule 4, paragraph 3 for Regulation 7A and Schedule A1 (claims by refugees).

[^f00052]: Cmd. 9171.

[^f00053]: 2000 c. 43.

[^f00054]: 1983 c. 72.

[^f00055]: 2003 asp 13.

[^f00056]: 1995 c. 46.

[^f00057]: 1952 c. 52.

[^f00058]: 1989 c. 45.

[^f00059]: S.I. 1987/1961.

[^f00060]: 2000 c. 35.

[^f00061]: Section 145A was inserted by section 55 of the Tax Credits Act 2002 (c. 21).

[^f00062]: 1989 c. 41.

[^f00063]: 2002 c. 38.

[^f00065]: 1955 c. 18.

[^f00066]: 1955 c. 19.

[^f00067]: 1957 c. 53.

[^f00068]: 1958 c. 40.

[^f00069]: 1968 c. 49.

[^f00070]: 1969 c. 46.

[^f00071]: 1969 c. 54.

[^f00072]: 1973 c. 18.

[^f00073]: 1975 c. 72.

[^f00074]: 1978 c. 22.

[^f00075]: 1978 c. 28.

[^f00076]: 1986 c. 55.

[^f00077]: 1989 c. 41.

[^f00078]: 1995 c. 36.

[^f00079]: See the Housing Benefit and Council Tax Benefit (Consequential Provisions) Regulations 2006 (S.I. 2006/217), regulation 7 and Schedule 4, paragraph 3 for regulation 7A and Schedule A1 (claims by refugees).

[^f00080]: S.I. 1975/555.

[^f00081]: See section 16(1) of the State Pension Credit Act 2002 (c. 16).

[^f00082]: S.I. 2005/439.

[^f00083]: See in particular paragraph 7(2)(b) of Schedule 8.

[^f00084]: Bereavement payment was introduced by section 54(1) of the Welfare Reform and Pensions Act 1999 (c. 30).

[^f00085]: Part 12ZA was inserted by section 2 of the Employment Act 2002 (c. 22).

[^f00086]: Part 12ZB was inserted by section 4 of the Employment Act 2002.

[^f00087]: S.I. 1983/883.

[^f00088]: 1979 c. 41; amended by section 24 of the Social Security Act 1985 (c. 53).

[^f00089]: The Scheme is set out in the Appendix to S.I. 1982/719.

[^f00090]: 1837 c. 2.

[^f00091]: 1937 c. 32.

[^f00092]: 1952 c. 37.

[^f00093]: 1972 c. 7.

[^f00094]: 1975 c. 82.

[^f00095]: S.I. 1979/597.

[^f00096]: S.I. 1975/555.

[^f00097]: Sections 30DD and 30E were inserted by section 3(1) of the Social Security (Incapacity for Work) Act 1994 (c. 18).

[^f00098]: 1947 c. 19.

[^f00099]: Sections 30A to 30E were inserted by the Social Security (Incapacity for Work) Act 1994 (c. 18). Section 30A(1) was substituted by, and section 30A(2) was amended by, the Welfare Reform and Pensions Act 1999 (c. 30). Section 30B(3) was amended by the Pensions Act 1995 (c. 26) and the Tax Credits Act 2002 (c. 21). Section 30C(5) was amended by the Tax Credits Act 1999 (c. 10) and substituted by the Tax Credits Act 2002.

[^f00100]: S.I. 1987/1967. Regulation 4ZA was inserted by S.I. 1996/206. Schedule 1B was inserted by S.I. 1996/1517. The relevant amending instruments are S.I. 1997/2197, S.I. 2000/636, S.I. 2000/1981, S.I. 2001/3070 and S.I. 2002/2689.

[^f00101]: S.I. 1975/556. The relevant amending instruments are S.I. 2000/3120 and S.I. 2003/521.

[^f00102]: S.I. 1999/3110.

[^f00103]: 1989 c. 41; Part 10A (comprising sections 79A to 79X) was inserted by section 79 of the Care Standards Act 2000 (c. 14).

[^f00104]: Schedule 9A was inserted by Schedule 3 to the Care Standards Act 2000.

[^f00105]: 2001 asp 8.

[^f00106]: See section 2(20).

[^f00107]: Section 171E was inserted by section 6 of the Social Security (Incapacity for Work) Act 1994 (c. 18).

[^f00108]: 1977 c. 49.

[^f00109]: 1978 c. 29.

[^f00110]: S.I. 1972/1265(N.I.14).

[^f00111]: 1948 (c. 29); section 29 was amended by the National Assistance (Amendment) Act 1959 (c. 30), section 1(2); the Mental Health (Scotland) Act 1960 (c. 61), sections 113 and 114 and Schedule 4; the Social Work (Scotland) Act 1968 (c. 49), section 95(2) and Schedule 9, Part I; the Local Government Act 1972 (c. 70), sections 195(6), 272(1), Schedule 23 paragraph 2 and Schedule 30; the Employment and Training Act 1973 (c. 50), section 14(1) and Schedule 3 paragraph 3; the National Health Service Act 1977 (c. 49), section 129 and Schedule 15 paragraph 6; the Health and Social Services and Social Security Adjudications Act 1983 (c. 41), section 30 and Schedule 10 Part I; the Children Act 1989 (c. 41) section 108(5) and Schedule 13 paragraph 11(2) and the National Health Service and Community Care Act 1990 (c. 19), section 44(7).

[^f00112]: 1994 c. 39. Section 2 was amended by the Environment Act 1995 (c. 25), Schedule 22, paragraph 232(1).

[^f00113]: Sections 171ZA and 171ZB were inserted into the Social Security Contributions and Benefits Act 1992 by section 2 of the Employment Act 2002 (c. 22).

[^f00114]: Section 171ZL was inserted by section 4 of the Employment Act 2002.

[^f00115]: 2000 c. 19.

[^f00116]: The Scheme is set out in the Appendix to S.I. 1982/719.

[^f00117]: S.I. 2001/1004.

[^f00118]: Part 12ZA was inserted by section 2 of the Employment Act 2002 (c. 22).

[^f00119]: Part 12ZB was inserted by section 4 of the Employment Act 2002.

[^f00120]: The Scheme is set out in regulation 4 of, and the Schedule to, the European Communities (Iron and Steel Employees Re-adaptation Benefits Scheme) (No. 2) Regulations 1996 (S.I. 1996/3182).

[^f00121]: Industrial tribunals were renamed employment tribunals under section 1 of the Employment Rights (Dispute Resolution) Act 1998 (c. 8) and, under the same section, the Industrial Tribunals Act 1996 may be cited as the Employment Tribunals Act 1996.

[^f00122]: 1996 c. 17.

[^f00123]: 1988 c. 1; sections 257 and 257A were substituted by the Finance Act 1988 (c. 39), section 33.

[^f00124]: 1990 c. 35.

[^f00125]: 1989 c. 41.

[^f00126]: 1995 c. 36.

[^f00127]: S.I. 1996/3263.

[^f00128]: 1948 c. 29; section 26(3A) was inserted by the National Health Service and community Care Act 1990 (c. 19).

[^f00129]: 1977 c. 49; section 16A was inserted by section 2 of the Health Act 1999 (c. 8).

[^f00130]: 1988 c. 1; sections 257 and 257A were substituted by the Finance Act 1988 (c. 39), section 33.

[^f00131]: Sections 55A to C were inserted by paragraph 3 of Schedule 6 to the Welfare Reform and Pensions Act 1999 (c. 30).

[^f00132]: 1965 c. 51.

[^f00133]: Section 36(4) is to be replaced by a new section 36(4) and (4A) by S.I. 2005/454 as from 6th April 2005.

[^f00134]: 1993 c. 48; see section 181(1) of that Act.

[^f00135]: 1980 c. 46.

[^f00136]: S.I. 2002/1792; paragraph (1) was substituted by S.I. 2003/3197, regulation 2, Schedule , paragraph 6.

[^f00137]: S.I. 2006/214.

[^f00138]: Relevant amending instruments are S.I. 1998/2117, 1999/2640, 2000/1978, 2001/3767 and 2002/841.

[^f00139]: Section 77A was inserted by the Civil Partnership Act 2004 (c. 33); section 77 was amended by the Education (Graduate Endowment and Student Support) (Scotland) Act 2001, section 4(2)

[^f00140]: Section 2 was substituted by s.25 of the Employment Act 1988 (c. 19); subsections (3A) and (3B) inserted by the Trade Union Reform and Employment Rights Act 1993 (c. 19), section 47(1).

[^f00141]: 1990 c. 35.

[^f00142]: Section 77A was inserted by the Civil Partnership Act 2004 (c. 33); section 77 was amended by the Education (Graduate Endowment and Student Support) (Scotland) Act 2001, section 4(2).

[^f00143]: Schedule 1 amended by the Care Standards Act 2000 (c. 14), section 116, Schedule 4, paragraph 20; the Criminal Justice and Court Services Act 2000, section 75 and Schedule 8, the Powers of Criminal Courts (Sentencing) Act 2000, section 155(1) and Schedule 9, paragraph 152; and the Regulation of Care (Scotland) Act 2001, asp 8, section 79, and Schedule 3, paragraph 18.

[^f00144]: Section 6 amended by the Housing (Scotland) Act 2001 asp 10; section 75 amended by S.I. 1997/74.

[^f00145]: Amended by S.I. 2003/325.

[^f00146]: Section 13 was amended by the Local Government Act 2003 (c. 26), section 127 and Schedule 7, paragraph 42; section 80 by the Local Government etc. (Scotland) Act 1994, section 180 and Schedule 13, paragraph 176(4).

[^f00147]: Section 11 was amended by the Local Government Act 2003 (c. 26), section 127 and Schedule 7, paragraph 41; section 79 by S.S.I. 2005/51.

[^f00148]: Relevant amending instruments are S.I. 2002/1379 and S.I. 2002/1703.

[^f00149]: 2000 asp 4.

[^f00150]: 1971 c. 27.

[^f00151]: 1985 c. 29.

[^f00152]: S.I. 1987/1967; relevant amending instruments are S.I. 1991/2741 and 2005/337; regulation 33 modified by the Adults with Incapacity (Scotland) Act 2000 asp 4, section 88(2) and Schedule 5, paragraph 1.

[^f00153]: See the Housing Benefit and Council Tax Benefit (Consequential Provisions) Regulations 2006 (S.I. 2006/217), regulation 7 and Schedule 4, paragraph 3 for Regulation 7A and Schedule A1 (claims by refugees)

[^f00154]: S.I. 1999/3108.

[^f00155]: S.I. 1992/613.

[^f00156]: S.I. 1992/1332.

[^f00157]: Amended by the Local Government Act 1999 (c. 27), section 30 and Schedule 1, paragraphs 2 and 3; modified by S.I. 1993/22.

[^f00158]: Amended by the Greater London Authority Act 1999 (c. 29), section 81.

[^f00159]: Amended by the Local Government etc. (Scotland) Act 1994 (c. 39) section 180(2) and Schedule 14; and by the Local Government in Scotland Act 2003 asp 1, section 41.

[^f00160]: O.J. No. L149, 5.7.1971; Regulations No. 1408/71 and No. 574/72 were restated in amended form in Regulation No. 2001/83 (O.J. No. L230, 22.8.1983), and further amended by Council Regulation (EEC) No. 1661/85 (O.J. No. L160, 20.6.1985) and Commission Regulation (EEC) No. 513/86 (O.J. No. L51, 28.2.1986).

[^f00161]: Inserted by the Jobseekers Act 1995 (c. 18), section 28(2)

[^f00162]: Inserted by the Social Security Administration (Fraud) Act 1997 (c. 47), section 3 and modified by the Welfare Reform and Pensions Act 1999 (c. 30), section 80 and Schedule 8, paragraph 34.

[^f00163]: S.I. 1979/597; amending instruments are S.I. 1991/547, 1991/1617, 1992/589, 1993/965, 1996/1803, 2000/799, 2003/136 and 2004/565.

[^f00164]: 1990 c. 35.

[^f00165]: 1948 c. 29; section 29 was amended by the National Assistance (Amendment) Act 1959 (c. 30), section 1(2); the Mental Health (Scotland) Act 1960 (c. 61), sections 113 and 114 and Schedule 4; the Social Work (Scotland) Act 1968 (c. 49), section 95(2) and Schedule 9, Part I; the Local Government Act 1972 (c. 70), sections 195(6), 272(1), Schedule 23 paragraph 2 and Schedule 30; the Employment and Training Act 1973 (c. 50), section 14(1) and Schedule 3 paragraph 3; the National Health Service Act 1977 (c. 49), section 129 and Schedule 15 paragraph 6; the Health and Social Services and Social Security Adjudications Act 1983 (c. 41), section 30 and Schedule 10 Part I; the Children Act 1989 (c. 41) section 108(5) and Schedule 13 paragraph 11(2) and the National Health Service and Community Care Act 1990 (c. 19), section 44(7).

[^f00166]: 1994 c. 39. Section 2 was amended by the Environment Act 1995 (c. 25), Schedule 22, paragraph 232(1).

[^f00167]: 2001 c. 11.

[^f00168]: Section 145A was inserted by section 55 of the Tax Credits Act 2002 (c. 21) and amended by the Civil Partnership Act 2004 (c. 33), section 254 and Schedule 24, paragraph 48.

[^f00169]: 2004 c. 21.

[^f00170]: 2005 asp 5. paragraph 3(1)(c) applies in Scotland only– see footnote (a) above.

[^f00171]: S.I. 2001/1004.

[^f00172]: Section 30A was inserted by Social Security (Incapacity for Work) Act 1994 (c. 18).and amended by the Welfare Reform and Pensions Act 1999 (c. 30), section 64 and the Civil Partnership Act 2004 (c. 33), section 254 and Schedule 24, paragraph 14.

[^f00173]: Saved by S.I. 2000/2958, article 4.

[^f00174]: Sections 71, 72 and 73 are amended by the Welfare Reform and Pensions Act 1999 (c. 30), section 67.

[^f00175]: S.I. 1983/883; inserted by S.I. 1983/1116 and amended by S.I. 1983/1521, 1986/592, 1990/1308, 1991/766, 1992/710, 1995/766, 1997/286 and 2001/409.

[^f00176]: S.I. 1983/686; inserted by S.I. 1983/1164 and amended by S.I. 1983/1164 and 1540, 1986/628, 1990/1300, 1991/708, 1992/702, 1995/445, 1997/812 and 2001/420.

[^f00177]: Substituted by S.I. 2005/681.

[^f00178]: 1948 c. 29; section 29 was amended by the National Assistance (Amendment) Act 1959 (c. 30), section 1(2); the Mental Health (Scotland) Act 1960 (c. 61), sections 113 and 114 and Schedule 4; the Social Work (Scotland) Act 1968 (c. 49), section 95(2) and Schedule 9, Part I; the Local Government Act 1972 (c. 70), sections 195(6), 272(1), Schedule 23 paragraph 2 and Schedule 30; the Employment and Training Act 1973 (c. 50), section 14(1) and Schedule 3 paragraph 3; the National Health Service Act 1977 (c. 49), section 129 and Schedule 15 paragraph 6; the Health and Social Services and Social Security Adjudications Act 1983 (c. 41), section 30 and Schedule 10 Part I; the Children Act 1989 (c. 41) section 108(5) and Schedule 13 paragraph 11(2) and the National Health Service and Community Care Act 1990 (c. 19), section 44(7).

[^f00179]: Part 12A was inserted by the Social Security (Incapacity for Work) Act 1994 (c. 18), section 5 and amended by the Welfare Reform and Pensions Act 1999 (c. 30), section 61 and by the Social Security Act 1998 (c. 14), section 86(1) and Schedule 7, paragraphs 75 and 76.

[^f00180]: Section 30B was inserted by the Social Security (Incapacity for Work) Act 1994 (c. 18), section 2 and amended by the Pensions Act 1995 (c. 26), section 126 and Schedule 4, paragraph 18; the Welfare Reform and Pensions Act 1999 (c. 30), section 70 and Schedule 8, paragraph 22; the Tax Credits Act 2002 (c. 21), section 60, Schedule 6; and the Civil Partnership Act 2004 (c. 33) section 254 and Schedule 24, paragraph 13.

[^f00181]: Amended by S.I. 2003/3815.

[^f00182]: S.I. 1983/883.

[^f00183]: 1865 c. 73.

[^f00184]: 47 & 48 Vict. c. 55.

[^f00185]: 1977 c. 5.

[^f00186]: S.I. 1983/883; article 26A was inserted by S.I. 1983/1116 and amended by S.I. 1983/1521, 1986/592, 1990/1308, 1991/766, 1992/710, 1995/766, 1997/286 and 2001/409.

[^f00187]: S.I. 1983/686; article 25A was inserted by S.I. 1983/1164 and amended by S.I. 1983/1164 and 1540, 1986/628, 1990/1300, 1991/708, 1992/702, 1995/445, 1997/812 and 2001/420.

[^f00188]: S.I. 1983/883;the relevant amending Instruments are S.I. 1994/1906 and 2005/1471.

[^f00189]: S.I. 1983/686; the relevant amending Instruments are S.I. 1994/715 and 2021.

[^f00190]: Section 39A was inserted by section 55 of the Welfare Reform and Pensions Act 1999 (c. 30).

[^f00191]: 1988 c. 1; subsection (1A) was inserted by the Finance Act 1994 (c. 9), section 81(3), substituted by the Finance Act 1999 (c. 16), section 38(8) and Schedule 4, paragraph 4 and amended by the Finance Act 2000 (c. 7), section 83(3).

[^f00192]: S.I. 2002/1792; amended by S.I. 2002/3019 and 2002/3197, 2003/1195 and 2003/2274, 2004/552, 2004/2327 and 2004/2825 and 2005/522.

[^f00193]: S.I. 1983/883.

[^f00194]: 1998 c. 30.

[^f00195]: 1980 c. 44.

[^f00196]: 1865 c. 73; amended by the Armed Forces (Pensions and Compensation) Act 2004 (c. 32), section 4.

[^f00197]: 1917 c. 51.

[^f00198]: 1980 c. 9.

[^f00199]: S.I. 1998/3132.

[^f00200]: First Schedule to the Sheriff Courts (Scotland) Act 1907 (c. 51) as substituted in respect of causes commenced on or after 1 January 1994 by S.I. 1993/1956; the relevant amending Instrument is S.I. 1996/2167.

[^f00201]: 2000 c. 22.

[^f00202]: 2001 asp 10.

[^f00203]: S.I. 1987/1967; paragraph 7(2) was inserted by S.I. 2002/2380.

[^f00204]: Paragraph 12(2) inserted by S.I. 2002/2380.

[^f00205]: S.I. 2002/1792; paragraph 20A was inserted by S.I. 2002/3197 and substituted by S.I. 2003/2274.

[^f00206]: S.I. 2001/1002; relevant amending instruments are S.I. 2002/1379 and 1703.

[^f00207]: S.I. 1999/991; relevant amending instrument is S.I. 2002/1379.

[^f00208]: 1993 c. 10.

[^f00209]: Amended by S.I. 2002/1379.

1

The amounts specified in column (2) below in respect of each person or couple specified in column (1) shall be the amount specified for the purposes of regulation 12—

2

• (1) The amount specified in column (2) below in respect of each person specified in column (1) shall, for the relevant period specified in column (1), be the amounts specified for the purposes of regulation 12(1)(b)—

Column (1)	Column (2)
Child or young person	Amount
Persons in respect of the period—
abeginning on that person's date of birth and ending on the day preceding the first Monday in September following that person's sixteenth birthday;	a£43.88;
bbeginning on the first Monday in September following that person's sixteenth birthday and ending on the day preceding that person's twentieth birthday.	b£43.88.

• (2) In column (1) of the table above, “the first Monday in September” means the Monday which first occurs in the month of September in any year.

3

• (1) The amount for the purposes of regulation 12(1)(c) and (d) in respect of a family of which at least one member is a child or young person shall be £17.40.

• (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

4

The premiums specified in Part 4 shall, for the purposes of regulation 12(1)(e), be applicable to a claimant who satisfies the condition specified in this Part in respect of that premium.

Editorial notes

[^c1541470]: 1992 c. 4; section 123 and 131 were amended to have effect in relation to council tax benefit by the Local Government Finance Act 1992 (c. 14), Schedule 9, paragraphs 1 and 4; section 136A was inserted by paragraph 3 of Schedule 2 to the State Pension Credit Act 2002 (c. 16); section 137(1) is an interpretation provision and is cited for the meaning of the words “family” and “prescribed”; sections 175(1) and (4) were amended by paragraph 29 of Schedule 3 to the Social Security Contributions (Transfer of Functions, etc.) Act 1999 (c. 2); and section 175(5) was amended by paragraph 36 of Schedule 1 to the Social Security (Incapacity for Work) Act 1994 (c. 18).

[^c1541471]: 1992 c. 5; section 126A was inserted by section 11 of the Social Security Administration (Fraud) Act 1997 (c. 47); section 128A was inserted by section 28(2) of the Jobseekers Act 1995 (c. 18); section 136A(3) and (4) was inserted by the State Pension Credit Act 2002 (c. 16), Schedule 2, paragraph 3; section 189(1) was amended by paragraph 57 of Schedule 3 to the Security Contributions (Transfer of Functions, etc.) 1999, Schedule 8 and paragraph 109 of Schedule 7 to the Social Security Act 1998 (c. 14) and Schedule 6 to the Tax Credits Act 2002 (c. 21); section 134 was amended by the Housing Act 1996 (c. 52), Schedule 12, paragraph 1; section 189(4) and (5) was amended by Schedule 8 and paragraph 109 of Schedule 7 to the Social Security Act 1998; section 191 is cited for the meaning of the word “prescribe”.

[^c1541472]: 1998 c. 14; section 79(1) was amended by paragraphs 12 and 13 of Schedule 4 to the Tax Credits Act 2002; section 84 is cited for the meaning of the word “prescribe”.

[^c1541473]: See section 172 of, and paragraph 10 of Part I of Schedule 7 to, the Social Security Administration Act 1992.

[^c1541474]: 1992 c. 5.

[^c1541475]: 1973 c. 50; amended by the Employment Act 1988 (c. 19), the Employment Act 1989 (c. 38) and the Trade Union Reform and Employment Rights Act 1993 (c. 19).

[^c1541476]: 1996 c. 18; sections 75A and 75B were inserted by section 3 of the Employment Act 2002 (c. 22).

[^c1541477]: See in particular paragraph 7(2)(b) of Schedule 8.

[^c1541478]: S.I. 1983/686; the relevant amending Instruments are S.I. 1983/1164, 1984/1675 and 2001/420.

[^c1541479]: 1995 c. 18; the Jobseekers Act is amended by the Welfare Reform and Pensions Act 1999(c. 30) section 59 and Schedule 7.

[^c1541480]: 2000 c. 14.

[^c1541482]: Invalid care allowance is known as carer's allowance– see S.I. 2002/1457.

[^c1541483]: S.I.1995/755 (N.1. 2).

[^c1541484]: S.I. 2006/217.

[^c1541486]: S.I. 2005/439.

[^c1541487]: S.I. 2006/213.

[^c1541488]: 1999 c. 33.

[^c1541489]: S.I. 1987/1967.

[^c1541490]: 1995 c. 18.

[^c1541491]: S.I. 1996/207.

[^c1541493]: 1996 c. 18.

[^c1541494]: Sections 80A and 80B were inserted by section 1 of the Employment Act 2002 (c. 22).

[^c1541499]: 1993 c. 39; section 23(2) was amended by art.2 of the National Lottery etc. Act 1993 (Amendment of section 23) Order 1996 (S.I. 1996/3095).

[^c1541500]: 2002 c. 16.

[^c1541501]: 2002 c. 21.

[^c1541502]: 1973 c. 50; section 2 was amended by section 25(1) of the Employment Act 1988 (c. 19), by Part I of Schedule 7 to the Employment Act 1989 (c. 38) and by section 47(1) of the Trade Union Reform and Employment Rights Act 1993(c. 19).

[^c1541509]: 1991 c. 56.

[^c1541510]: 1992 c. 14.

[^c1541511]: S.I. 2002/2005.

[^c1541512]: Section 20A inserted by the Welfare Reform and Pensions Act 1999 (c. 30), section 59 and Schedule 7, paragraph 13.

[^c1541513]: 2000 c. 19.

[^c1541514]: 2001 c. 11.

[^c1541515]: S.I. 2002/1792.

[^c1541516]: See the Housing Benefit and Council Tax Benefit (Consequential Provisions) Regulations 2006 (S.I. 2006/217), regulation 7 and Schedule 4, paragraph 3 for regulation 7A and Schedule A1 (claims by refugees).

[^c1541519]: S.I. 2000/636.

[^c1541520]: See the Housing Benefit and Council Tax Benefit (Consequential Provisions) Regulations 2006 (S.I. 2006/217), regulation 7 and Schedule 4, paragraph 3 for Regulation 7A and Schedule A1 (claims by refugees).

[^c1541521]: Cmd. 9171.

[^c1541523]: 1983 c. 72.

[^c1541524]: 2003 asp 13.

[^c1541525]: 1995 c. 46.

[^c1541526]: 1952 c. 52.

[^c1541527]: 1989 c. 45.

[^c1541529]: 2000 c. 35.

[^c1541530]: Section 145A was inserted by section 55 of the Tax Credits Act 2002 (c. 21).

[^c1541531]: 1989 c. 41.

[^c1541532]: 2002 c. 38.

[^c1541534]: 1955 c. 18.

[^c1541535]: 1955 c. 19.

[^c1541536]: 1957 c. 53.

[^c1541537]: 1958 c. 40.

[^c1541538]: 1968 c. 49.

[^c1541539]: 1969 c. 46.

[^c1541540]: 1969 c. 54.

[^c1541541]: 1973 c. 18.

[^c1541542]: 1975 c. 72.

[^c1541543]: 1978 c. 22.

[^c1541545]: 1986 c. 55.

[^c1541546]: 1989 c. 41.

[^c1541547]: 1995 c. 36.

[^c1541548]: See the Housing Benefit and Council Tax Benefit (Consequential Provisions) Regulations 2006 (S.I. 2006/217), regulation 7 and Schedule 4, paragraph 3 for regulation 7A and Schedule A1 (claims by refugees).

[^c1541550]: See section 16(1) of the State Pension Credit Act 2002 (c. 16).

[^c1541551]: S.I. 2005/439.

[^c1541552]: See in particular paragraph 7(2)(b) of Schedule 8.

[^c1541553]: Bereavement payment was introduced by section 54(1) of the Welfare Reform and Pensions Act 1999 (c. 30).

[^c1541554]: Part 12ZA was inserted by section 2 of the Employment Act 2002 (c. 22).

[^c1541555]: Part 12ZB was inserted by section 4 of the Employment Act 2002.

[^c1541557]: 1979 c. 41; amended by section 24 of the Social Security Act 1985 (c. 53).

[^c1541558]: The Scheme is set out in the Appendix to S.I. 1982/719.

[^c1541559]: 1837 c. 2.

[^c1541560]: 1937 c. 32.

[^c1541561]: 1952 c. 37.

[^c1541562]: 1972 c. 7.

[^c1541563]: 1975 c. 82.

[^c1541564]: S.I. 1979/597.

[^c1541565]: S.I. 1975/555.

[^c1541566]: Sections 30DD and 30E were inserted by section 3(1) of the Social Security (Incapacity for Work) Act 1994 (c. 18).

[^c1541568]: Sections 30A to 30E were inserted by the Social Security (Incapacity for Work) Act 1994 (c. 18). Section 30A(1) was substituted by, and section 30A(2) was amended by, the Welfare Reform and Pensions Act 1999 (c. 30). Section 30B(3) was amended by the Pensions Act 1995 (c. 26) and the Tax Credits Act 2002 (c. 21). Section 30C(5) was amended by the Tax Credits Act 1999 (c. 10) and substituted by the Tax Credits Act 2002.

[^c1541569]: S.I. 1987/1967. Regulation 4ZA was inserted by S.I. 1996/206. Schedule 1B was inserted by S.I. 1996/1517. The relevant amending instruments are S.I. 1997/2197, S.I. 2000/636, S.I. 2000/1981, S.I. 2001/3070 and S.I. 2002/2689.

[^c1541570]: S.I. 1975/556. The relevant amending instruments are S.I. 2000/3120 and S.I. 2003/521.

[^c1541571]: S.I. 1999/3110.

[^c1541572]: 1989 c. 41; Part 10A (comprising sections 79A to 79X) was inserted by section 79 of the Care Standards Act 2000 (c. 14).

[^c1541573]: Schedule 9A was inserted by Schedule 3 to the Care Standards Act 2000.

[^c1541576]: Section 171E was inserted by section 6 of the Social Security (Incapacity for Work) Act 1994 (c. 18).

[^c1541577]: 1977 c. 49.

[^c1541578]: 1978 c. 29.

[^c1541579]: S.I. 1972/1265(N.I.14).

[^c1541580]: 1948 (c. 29); section 29 was amended by the National Assistance (Amendment) Act 1959 (c. 30), section 1(2); the Mental Health (Scotland) Act 1960 (c. 61), sections 113 and 114 and Schedule 4; the Social Work (Scotland) Act 1968 (c. 49), section 95(2) and Schedule 9, Part I; the Local Government Act 1972 (c. 70), sections 195(6), 272(1), Schedule 23 paragraph 2 and Schedule 30; the Employment and Training Act 1973 (c. 50), section 14(1) and Schedule 3 paragraph 3; the National Health Service Act 1977 (c. 49), section 129 and Schedule 15 paragraph 6; the Health and Social Services and Social Security Adjudications Act 1983 (c. 41), section 30 and Schedule 10 Part I; the Children Act 1989 (c. 41) section 108(5) and Schedule 13 paragraph 11(2) and the National Health Service and Community Care Act 1990 (c. 19), section 44(7).

[^c1541581]: 1994 c. 39. Section 2 was amended by the Environment Act 1995 (c. 25), Schedule 22, paragraph 232(1).

[^c1541582]: Sections 171ZA and 171ZB were inserted into the Social Security Contributions and Benefits Act 1992 by section 2 of the Employment Act 2002 (c. 22).

[^c1541583]: Section 171ZL was inserted by section 4 of the Employment Act 2002.

[^c1541584]: 2000 c. 19.

[^c1541585]: The Scheme is set out in the Appendix to S.I. 1982/719.

[^c1541586]: S.I. 2001/1004.

[^c1541587]: Part 12ZA was inserted by section 2 of the Employment Act 2002 (c. 22).

[^c1541588]: Part 12ZB was inserted by section 4 of the Employment Act 2002.

[^c1541589]: The Scheme is set out in regulation 4 of, and the Schedule to, the European Communities (Iron and Steel Employees Re-adaptation Benefits Scheme) (No. 2) Regulations 1996 (S.I. 1996/3182).

[^c1541590]: Industrial tribunals were renamed employment tribunals under section 1 of the Employment Rights (Dispute Resolution) Act 1998 (c. 8) and, under the same section, the Industrial Tribunals Act 1996 may be cited as the Employment Tribunals Act 1996.

[^c1541591]: 1996 c. 17.

[^c1541592]: 1988 c. 1; sections 257 and 257A were substituted by the Finance Act 1988 (c. 39), section 33.

[^c1541594]: 1989 c. 41.

[^c1541595]: 1995 c. 36.

[^c1541597]: 1948 c. 29; section 26(3A) was inserted by the National Health Service and community Care Act 1990 (c. 19).

[^c1541598]: 1977 c. 49; section 16A was inserted by section 2 of the Health Act 1999 (c. 8).

[^c1541599]: 1988 c. 1; sections 257 and 257A were substituted by the Finance Act 1988 (c. 39), section 33.

[^c1541600]: Sections 55A to C were inserted by paragraph 3 of Schedule 6 to the Welfare Reform and Pensions Act 1999 (c. 30).

[^c1541601]: 1965 c. 51.

[^c1541602]: Section 36(4) is to be replaced by a new section 36(4) and (4A) by S.I. 2005/454 as from 6th April 2005.

[^c1541603]: 1993 c. 48; see section 181(1) of that Act.

[^c1541604]: 1980 c. 46.

[^c1541605]: S.I. 2002/1792; paragraph (1) was substituted by S.I. 2003/3197, regulation 2, Schedule , paragraph 6.

[^c1541606]: S.I. 2006/214.

[^c1541607]: Relevant amending instruments are S.I. 1998/2117, 1999/2640, 2000/1978, 2001/3767 and 2002/841.

[^c1541608]: Section 77A was inserted by the Civil Partnership Act 2004 (c. 33); section 77 was amended by the Education (Graduate Endowment and Student Support) (Scotland) Act 2001, section 4(2)

[^c1541609]: Section 2 was substituted by s.25 of the Employment Act 1988 (c. 19); subsections (3A) and (3B) inserted by the Trade Union Reform and Employment Rights Act 1993 (c. 19), section 47(1).

[^c1541610]: 1990 c. 35.

[^c1541611]: Section 77A was inserted by the Civil Partnership Act 2004 (c. 33); section 77 was amended by the Education (Graduate Endowment and Student Support) (Scotland) Act 2001, section 4(2).

[^c1541612]: Schedule 1 amended by the Care Standards Act 2000 (c. 14), section 116, Schedule 4, paragraph 20; the Criminal Justice and Court Services Act 2000, section 75 and Schedule 8, the Powers of Criminal Courts (Sentencing) Act 2000, section 155(1) and Schedule 9, paragraph 152; and the Regulation of Care (Scotland) Act 2001, asp 8, section 79, and Schedule 3, paragraph 18.

[^c1541613]: Section 6 amended by the Housing (Scotland) Act 2001 asp 10; section 75 amended by S.I. 1997/74.

[^c1541615]: Section 13 was amended by the Local Government Act 2003 (c. 26), section 127 and Schedule 7, paragraph 42; section 80 by the Local Government etc. (Scotland) Act 1994, section 180 and Schedule 13, paragraph 176(4).

[^c1541616]: Section 11 was amended by the Local Government Act 2003 (c. 26), section 127 and Schedule 7, paragraph 41; section 79 by S.S.I. 2005/51.

[^c1541617]: Relevant amending instruments are S.I. 2002/1379 and S.I. 2002/1703.

[^c1541618]: 2000 asp 4.