Housing Benefit and Community Charge Benefits (Miscellaneous) Amendment Regulations 1991
| Jurisdiction | UK Non-devolved |
| Citation | SI 1991/1599 |
| Year | 1991 |
1991 No. 1599
HOUSING, ENGLAND AND WALESHOUSING, SCOTLANDSOCIAL SECURITY
The Housing Benefit and Community Charge Benefits (Miscellaneous) Amendment Regulations 1991
Made 11th July 1991
Laid before Parliament 12th July 1991
into force in accordance with regulation 1(1)
The Secretary of State for Social Security in exercise of powers conferred by sections 20(1)(c) and (d), (8) and (12)(d), 22(1) and (8), (8A) and (9), 29(3) to (5), 31C, 31D(1) and (8),51(1)(a) and (b) and 84(1) of the Social Security Act 19861and section 166(1) to (3A) of the Social Security Act 19752and of all other powers enabling him in that behalf after consultation with organisations appearing to him to be representative of the authorities concerned3and after agreement by the Social Security Advisory Committee that proposals to make these Regulations should not be referred to it4, hereby makes the following Regulations:
Citation, commencement and interpretation
1.—(1) These Regulations may be cited as the Housing Benefit and Community Charge Benefits (Miscellaneous) Amendment Regulations 1991 and shall come into force–
(a)
(a) for the purposes of this regulation and regulations 12, 14, 15(e), 27, 30(e) and 35, on 5th August 1991;
(b)
(b) for the purposes of regulations 8 to 11 and 24 to 26–
(i) to the extent that they relate to a case where a student’s period of study begins on or after 1st August 1991 but before 2nd September 1991, on the first Monday of that period;
(ii) to the extent that they relate to a case where a student’s period of study begins on or after 2nd September 1991, on 2nd September 1991;
(c)
(c) for the purposes of regulations 3 to 7, 13, 15(a) to (d), 17, 18, 20 to 23, 28, 29, 30(a) to (d) and 32 to 34, on 7th October 1991;
(d)
(d) for the purposes of regulations 19 and 31, on 1st April 1992;
(e)
(e) for the purposes of regulations 2 and 16–
(i) to the extent that they relate to any case where rent is payable at intervals of one month or any other interval which is not a week or a multiple thereof, on 1st April 1992;
(ii) in any other case, on 6th April 1992.
(2) In these Regulations–
(a)
(a) “the 1987 Regulations” means the Housing Benefit (General) Regulations 19875;
(b)
(b) “the 1989 Regulations” means the Community Charge Benefits (General) Regulations 19896.
Amendment of regulation 4 of the 1987 Regulations
2. In regulation 4(1) of the 1987 Regulations (remunerative work) for the words “24 hours” there shall be substituted the words “16 hours”.
Amendment of regulation 21 of the 1987 Regulations
3. In regulation 21 of the 1987 Regulations (calculation of income on a weekly basis)–
(a) in paragraph (1)(a) for the words “this Part” there shall be substituted the words “this Part and Chapters I and III of Part VII”;
(b) for paragraph (2) there shall be substituted the following paragraph–
“2 For the purposes of paragraph (1) “income” includes capital treated as income under regulation 34 (capital treated as income) and income which a claimant is treated as possessing under regulation 35 (notional income).”
Amendment of regulation 31 of the 1987 Regulations
4. In regulation 31(2) of the 1987 Regulations (calculation of net profit of selfemployed earners) for the words “paragraphs 1 to 11” there shall be substituted the words “paragraphs 1 to 12”.
Amendment of regulations 35 and 43 of and Schedule 4 to the 1987 Regulations
5. In the following provisions of the 1987 Regulations for the words “household fuel,” there shall be substituted the words “household fuel or”, the words “, community charge or water charges” shall be omitted and at the end of each provision after the word “family” there shall be added the words “or is used for any personal community charge, collective community charge contribution or water charges for which that claimant or member is liable”–
(a) regulation 35(3)(a) (notional income);
(b) regulation 43(3)(a) (notional capital);
(c) Schedule 4 paragraph 13(2) (disregard of charitable payments from income).
Further amendments of regulation 35 of the 1987 Regulations
6. In regulation 35(5) of the 1987 Regulations (notional income for services provided by a claimant)–
(a) in sub-paragraph (b) for the words “the area; and” there shall be substituted the words “the area,”;
(b) sub-paragraph (c) shall be omitted;
(c) after the words “for that employment” there shall be inserted the words “unless the claimant satisfies the authority that the means of that person are insufficient for him to pay or to pay more for the service”.
Amendment of regulation 43A of the 1987 Regulations
7. In regulation 43A of the 1987 Regulations (diminishing notional capital rule)7at the end of paragraph (4)(a) the following words shall be added–
“and, for the purposes of this sub-paragraph, if the relevant week is a week to which regulation 69(5)(a) refers (calculation of weekly amounts), that amount shall be determined by dividing the amount of housing benefit to which he would have been so entitled by the number of days in that week for which he was liable to make payments in respect of the dwelling he occupies as his home and multiplying the quotient so obtained by 7”.
Amendment of regulation 46 of the 1987 Regulations
8. In regulation 46 of the 1987 Regulations (interpretation)–
(a) after the definition of “grant income” there shall be inserted the following definition–
““Last day of the course” means the date on which the last day of the final academic term falls in respect of the course in which the student is enrolled;”;
(b) in the definition of “period of study”–
(i) in paragraph (a) for the words “to the end” there shall be substituted the words “and ending with the last day of the course”;
(ii) in paragraph (b), after the words “any subsequent year of the course,” there shall be added the words “other than the final year of the course,”;
(iii) after paragraph (b)(ii) there shall be added the following paragraph–
“(c)
“(c) in the final year of a course of study of more than one year, the period beginning with that year’s start and ending with the last day of the course;”;
(c) in the definition of “student”, for the words “the end of the course” there shall be substituted the words “the last day of the course”.
Amendment of regulation 51 of the 1987 Regulations
9. In regulation 51(1) of the 1987 Regulations (eligible rent) for the figures “£22.45” and “£15.55” there shall be substituted the figures “£23.45” and “£16.25” respectively.
Amendment of regulation 53 of the 1987 Regulations
10. In regulation 53(2)(g) of the 1987 Regulations (calculation of grant income) for the amount “£246” there shall be substituted the amount “£257”.
Amendment of regulation 57A of the 1987 Regulations
11. In regulation 57A(2)(b) of the 1987 Regulations (treatment of student loans)8for the words “the date on which the course ends,” there shall be substituted the words “the last day of the course,”.
Amendment of regulation 72 of the 1987 Regulations
12. In regulation 72(5)(bb) of the 1987 Regulations (the date on which a claim is made)9after the words “designated office” there shall be inserted the words “or appropriate DSS office”.
Amendment of regulation 99 of the 1987 regulations
13. Regulation 99 of the 1987 Regulations (recoverable overpayments) shall be amended in accordance with the following paragraphs–
(a) in paragraph (2) at the beginning there shall be inserted the words “Subject to paragraph (4),”;
(b) after paragraph (3) there shall be added the following new paragraph–
“4 Where in consequence of an official error, a person has been awarded rent rebate to which he was not entitled or which exceeded the benefit to which he was entitled, upon the award being reviewed any overpayment of benefit, which remains credited to him by the appropriate authority in respect of a period after the date of the review, shall be recoverable.”.
Amendment of Schedule 1 to the 1987 Regulations
14. In Schedule 1 to the 1987 Regulations (ineligible service charges) in paragraph 1(a)(iii) for the words “(except television and radio relay charges)” there shall be substituted the words–
“(except radio relay charges, charges made in respect of the conveyance and the installation and maintenance of equipment for such conveyance of a television broadcasting service which is not a domestic satellite service, or charges made in respect of the conveyance and the installation and maintenance of equipment for such conveyance of a television programme service where in respect of the claimant’s dwelling the installation of such equipment is the only practicable means of conveying satisfactorily a television broadcasting service which is not a domestic satellite service, as these services are defined in the Broadcasting Act 199010)”.
Amendment of Schedule 2 to the 1987 Regulations
15. In Schedule 2 to the 1987 Regulations (applicable amounts)11
(a) in paragraph 1 for the amount “£31.15” there shall be substituted the amount “£31.40”;
(b) for the Table in paragraph 2 (allowances with respect to a child or young person) there shall be substituted the Table in the Schedule to these Regulations;
(c) in...
To continue reading
Request your trial