The Council Tax Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 2006
| Year | 2006 |
2006 No. 216
SOCIAL SECURITY
The Council Tax Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 2006
Made 2nd February 2006
Laid before Parliament 10th February 2006
Coming into force 6th March 2006
The Secretary of State for Work and Pensions makes the following Regulations in exercise of the powers conferred by sections 123(1)(e), 131(3)(b), (5)(c)(ii), (7)(b) and (10), 132, 133(3) and (4), 134, 135(1), (2) and (6), 136, 136A(3) and (4)(a), 137(1) and (2)(a) to (d), (l) and (m) and 175(1) and (3) to (6) of the Social Security Contributions and Benefits Act 19921, sections 1(1) and (1C), 6(1)(a) to (d), (g) to (r) and (u), 7(2), 7A, 76(1) to (3), (6) and (8), 77(1), 122E(3) and (4), 128A, 138(1) and (9), 139(6)(b) 189(1) and (3) to (6) and 191 of the Social Security Administration Act 19922and sections 34, 79(1) and (4) and 84 of the Social Security Act 19983.
These Regulations are made for the purpose only of consolidating other regulations revoked in the Housing Benefit and Council Tax Benefit (Consequential Provisions) Regulations 20064.
In accordance with section 176(1) of the Social Security Administration Act 1992 the Secretary of State has consulted with organisations appearing to him to be representative of the authorities concerned.
PART 1
General
Citation and commencement
1.—(1) These Regulations may be cited as the Council Tax Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 2006.
(2) These Regulations are to be read, where appropriate, with the Consequential Provisions Regulations.
(3) Except as provided in Schedule 4 to the Consequential Provisions Regulations, these Regulations shall come into force on 6th March 2006.
(4) The regulations consolidated by these Regulations are revoked, in consequence of the consolidation, by the Consequential Provisions Regulations.
Interpretation
2.—(1) In these Regulations—
“the Act” means the Social Security Contributions and Benefits Act 1992;
“the Administration Act” means the Social Security Administration Act 19925;
“the 1973 Act” means the Employment and Training Act 19736;
“the 1992 Act” means the Local Government Finance Act 1992;
“Abbeyfield Home” means an establishment run by the Abbeyfield Society including all bodies corporate or incorporate which are affiliated to that Society;
“adoption leave” means a period of absence from work on ordinary or additional adoption leave by virtue of section 75A or 75B of the Employment Rights Act 19967;
“alternative maximum council tax benefit” means the amount determined in accordance with regulation 46 and Schedule 6;
“appropriate DWP office” means an office of the Department for Work and Pensions dealing with state pension credit or an office which is normally open to the public for the receipt of claims for income support or a jobseeker’s allowance;
“assessment period” means the period determined—
(a) in relation to the earnings of a self-employed earner, in accordance with regulation 27 for the purpose of calculating the weekly earnings of the claimant; or
(b) in relation to any other income, in accordance with regulation 23 for the purpose of calculating the weekly income of the claimant;
“attendance allowance” means—
(a) an attendance allowance under Part 3 of the Act;
(b) an increase of disablement pension under section 104 or 105 of the Act;
(c) a payment under regulations made in exercise of the power conferred by paragraph 7(2)(b) of Part 2 of Schedule 8 to the Act8;
(d) an increase of an allowance which is payable in respect of constant attendance under paragraph 4 of Part 1 of Schedule 8 to the Act;
(e) a payment by virtue of article 14, 15, 16, 43 or 44 of the Personal Injuries (Civilians) Scheme 19839or any analogous payment; or
(f) any payment based on need for attendance which is paid as part of a war disablement pension;
“benefit Acts” means the Act, the Jobseekers Act10and the State Pension Credit Act;
“benefit week” means a period of 7 consecutive days commencing upon a Monday and ending on a Sunday;
“board and lodging accommodation” means accommodation provided to a person or, if he is a member of a family, to him or any other member of his family, for a charge which is inclusive of the provision of that accommodation and at least some cooked or prepared meals which both are cooked or prepared (by a person other than the person to whom the accommodation is provided or a member of his family) and are consumed in that accommodation or associated premises;
“care home” in England and Wales has the meaning assigned to it by section 3 of the Care Standards Act 200011and in Scotland means a care home service within the meaning assigned to it by section 2(3) of the Regulation of Care (Scotland) Act 200112;
“carer’s allowance” means carer’s allowance under section 70 of the Act13;
“child” means a person under the age of 16;
“child tax credit” means a child tax credit under section 8 of the Tax Credits Act;
“the Children Order” means the Children (Northern Ireland) Order 199514;
“claim” means a claim for council tax benefit;
“claimant” means a person claiming council tax benefit;
“close relative” means a parent, parent-in-law, son, son-in-law, daughter, daughter-in-law, step-parent, step-son, step-daughter, brother, sister, or if any of the preceding persons is one member of a couple, the other member of that couple;
“concessionary payment” means a payment made under arrangements made by the Secretary of State with the consent of the Treasury which is charged either to the National Insurance Fund or to a Departmental Expenditure Vote to which payments of benefit under the Act are charged;
“the Consequential Provisions Regulations” means the Housing Benefit and Council Tax Benefit (Consequential Provisions) Regulations 200615;
“council tax benefit” means council tax benefit under Part 7 of the Act;
“couple” means—
(a) a man and a woman who are married to each other and are members of the same household;
(b) a man and a woman who are not married to each other but are living together as husband and wife;
(c) two people of the same sex who are civil partners of each other and are members of the same household; or
(d) two people of the same sex who are not civil partners of each other but are living together as if they were civil partners,
and for the purposes of sub-paragraph (d), two people of the same sex are to be regarded as living together as if they were civil partners if, but only if, they would be regarded as living together as husband and wife were they instead two people of the opposite sex;
“course of study” means any course of study, whether or not it is a sandwich course and whether or not a grant is made for undertaking or attending it;
“date of claim” means the date on which the claim is made, or treated as made, for the purposes of regulation 53 (time and manner in which claims are to be made);
“the Decisions and Appeals Regulations” means the Housing Benefit and Council Tax Benefit (Decisions and Appeals) Regulations 200116;
“designated authority” means any of the following—
(a) the Secretary of State;
(b) a person providing services to the Secretary of State;
(c) a local authority;
(d) a person providing services to, or authorised to exercise any functions of, any such authority;
“designated office” means the office designated by the relevant authority for the receipt of claims to council tax benefit—
(a) by notice upon or with a form approved by it for the purpose of claiming council tax benefit; or
(b) by reference upon or with such a form to some other document available from it and sent by electronic means or otherwise on application and without charge; or
(c) by any combination of the provisions set out in sub-paragraphs (a) and (b) above;
“disability living allowance” means a disability living allowance under section 71 of the Act;
“dwelling” has the same meaning in section 3 or 72 of the 1992 Act;
“earnings” has the meaning prescribed in regulation 25 or, as the case may be, 28;
“the Eileen Trust” means the charitable trust of that name established on 29th March 1993 out of funds provided by the Secretary of State for the benefit of persons eligible for payment in accordance with its provisions;
“employed earner” is to be construed in accordance with section 2(1)(a) of the Act and also includes a person who is in receipt of a payment which is payable under any enactment having effect in Northern Ireland and which corresponds to statutory sick pay or statutory maternity pay;
“extended payment (severe disablement allowance and incapacity benefit)” means council tax benefit allowed pursuant to regulation 44;
“family” has the meaning assigned to it by section 137(1) of the Act;
“the Fund” means moneys made available from time to time by the Secretary of State for the benefit of persons eligible for payment in accordance with the provisions of a scheme established by him on 24th April 1992 or, in Scotland, on 10th April 1992;
“gateway office” means an appropriate DWP office or an office designated by the appropriate authority which is nominated by the Secretary of State as a gateway office and referred to in a notice upon or attached to a form approved by the appropriate authority for the purpose of claiming council tax benefit;
“guarantee credit” is to be construed in accordance with sections 1 and 2 of the State Pension Credit Act;
“a guaranteed income payment” means a payment made under article 14(1)(b) or article 21(1)(a) of the Armed Forces and Reserve Forces (Compensation Scheme) Order 200517;
“housing benefit” means housing benefit under Part 7 of the Act;
“the Housing Benefit Regulations” means the Housing Benefit Regulations 200618;
“Immigration and Asylum Act” means the Immigration and Asylum Act 199919;
“an income-based jobseeker’s allowance” and “a...
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