Housing Benefit and Council Tax Benefit(General) Amendment Regulations 1999
| Jurisdiction | UK Non-devolved |
| Citation | SI 1999/920 |
1999 No. 920
SOCIAL SECURITY
The Housing Benefit and Council Tax Benefit(General) Amendment Regulations 1999
Made 22th March 1999
Laid before Parliament 22th March 1999
Coming into force in accordance with regulation 1(1)
The Secretary of State for Social Security in exercise of powers conferred upon him by sections 123(1)(d) and (e), 136(3), (4) and (5)(b), 137(1) and 175(1) and (3) of the Social Security Contributions and Benefits Act 19921, and sections 1(1C), 189(1), (3), (4) and (7), and 191 of the Social Security Administration Act 19922, and 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 in respect of 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 Council Tax Benefit (General) Amendment Regulations 1999 and shall come into force—
(a)
(a) for the purposes of this regulation on 12th April 1999;
(b)
(b) for the purposes of regulation 2—
(i) in the case of an authority specified in the Schedule to these Regulations on 12th April 1999;
(ii) in any other case on 6th September 1999, and
(c)
(c) for the purposes of regulations 3 to 6 on 4th October 1999.
(2) In these Regulations—
“the Housing Benefit Regulations” means the Housing Benefit (General) Regulations 19875;
“the Council Tax Benefit Regulations” means the Council Tax Benefit (General) Regulations 19926
Revocation of regulation 2A of the Housing Benefit Regulations and 2A of the Council Tax Benefit Regulations
2. Regulations 2A of the Housing Benefit Regulations7and the Council Tax Benefit Regulations8(disapplication of section 1(1A) of the Administration Act) are both revoked.
Amendment of regulation 21 of the Housing Benefit Regulations and 13 of the Council Tax Benefit Regulations
3. In paragraph (1A) of regulation 21 of the Housing Benefit Regulations and regulation 13 of the Council Tax Benefit Regulations (calculation of income on a weekly basis) respectively9—
(a) in sub-paragraph (a), for the sum of £60 there shall be substituted the sum of £70; and
(b) in sub-paragraph (b), for the sum of £100 there shall be substituted the sum of £105.
Amendment of regulation 21A of the Housing Benefit Regulations and 13A of the Council Tax Benefit Regulations
4.—(1) Regulations 21A of the Housing Benefit Regulations and 13A of the Council Tax Benefit Regulations (treatment of child care charges) respectively shall be amended in accordance with the following provisions of this regulation.
(2) For paragraph (2)10there shall be substituted the following paragraphs—
“2 Relevant child care charges are those charges for care to which paragraphs (2ZA) and (2ZB) apply, and shall be calculated on a weekly basis in accordance with paragraph (3).
2ZA The charges are paid by the claimant for care which is provided—
(a) in the case of any child of the claimant’s family who is not disabled, in respect of the period beginning on that child’s date of birth and ending on the day preceding the first Monday in September following that child’s fifteenth birthday; or
(b) in the case of any child of the claimant’s family who is disabled, in respect of the period beginning on that person’s date of birth and ending on the day preceding the first Monday in September following that person’s sixteenth birthday.
2ZB The charges are paid for care which is provided by one or more of the care providers listed in paragraph (2ZC) and are not paid—
(a) in respect of the child’s compulsory education; or
(b) by a claimant to a partner or by a partner to a claimant in respect of any child for whom either or any of them is responsible in accordance with regulation 14 (circumstances in which a person is treated as responsible or not responsible for another).
2ZC The care to which paragraph (2ZB) refers may be provided—
(a) by persons registered under section 71 of the Children Act 198911(registration of child minders and persons providing day care for young children);
(b) out of school hours, by a school on school premises or by a local authority—
(i) for children who are not disabled in respect of the period beginning on their eighth birthday and ending on the day preceding the first Monday in September following their fifteenth birthday, or
(ii) for children who are disabled in respect of the period beginning on their eighth birthday and ending on the day preceding the first Monday in September following their sixteenth birthday;
(c) by a child care scheme operating on Crown property where registration under section 71 of the Children Act 1989 is not required; or
(d) in schools or establishments which are exempt from registration under section 71 of the Children Act 1989 by virtue of section 71(16) of, and paragraph 3 or 4 of Schedule 9 to, that Act.”.
(3) After paragraph (5) there shall be added the following paragraph—
“6 For the purposes of paragraph (2), a person is disabled if he is a person—
(a) in respect of whom disability living allowance is payable, or has ceased to be payable solely because he is a patient;
(b) who is registered as blind in a register compiled under section 29 of the National Assistance Act 194812(welfare services) or, in Scotland, has been certified as blind and in consequence he is registered as blind in a register maintained by or on behalf of a regional or islands council; or
(c) who ceased to be registered as blind in such a register within the 28 weeks immediately preceding the date of claim.”.
Increase in earnings disregards: amendment of the Housing Benefit Regulations
5.—(1) At the end of Schedule 3 to the Housing Benefit Regulations there shall be added the following paragraph—
“16.—(1) In a case where the claimant is a person who satisfies the conditions set out in either sub-paragraph (2) or (3), and his net earnings equal or exceed the total of the amounts set out in sub-paragraph (4), the amount of his earnings that falls to be disregarded under paragraphs 3 to 8 of this Schedule shall be increased by a sum equal to either—
(a)
(a) the credit referred to in regulation 46(1)(aa) of the Family Credit Regulations if he satisfies the conditions of sub-paragraph (2); or
(b)
(b) the allowance referred to in regulation 51(1)(bb) of the Disability Working Allowance Regulations if he satisfies the conditions of sub-paragraph (3),
and in a case where the claimant satisfies the conditions of both sub-paragraphs (2) and (3), his disregarded earnings shall be increased by the higher of the two sums, or if they are the same, by the amount of the credit referred to in sub-paragraph (a) above.
(2) The conditions of this sub-paragraph are that—
(a)
(a) the claimant or, if he is a member of a couple either the claimant or his partner, is a person to whom regulation 46(1)(aa) of the Family Credit...
To continue reading
Request your trial