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Statutory Instrument 1992 No. 1814

The Council Tax Benefit (General) Regulations 1992

(The document as of February, 2008)

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STATUTORY INSTRUMENTS

1992 No. 1814

SOCIAL SECURITY

The Council Tax Benefit (General) Regulations 1992

Made20th July 1992
Coming into force
 (a) for the purposes of regulations 1, 2, 61 to 65, 92 and 9317th August 1992
 (b) for all other purposes1st April 1993


ARRANGEMENT OF REGULATIONS

PART I
General
1. Citation and commencement
2. Interpretation
3. Definition of non-dependant
4. Remunerative work
PART II
Membership of a family
5. Persons of prescribed description for the definition of family in section 137(1) of the Contributions and Benefits Act 1992
6. Circumstances in which a person is to be treated as responsible or not responsible for another
7. Circumstances in which a person is to be treated as being or not being a member of the household
PART III
Applicable amounts
8. Applicable amounts
9. Polygamous marriages
10. Patients
PART IV
Income and Capital
CHAPTER I
General
11. Calculation of income and capital of members of claimant's family and of a polygamous marriage
12. Circumstances in which income of non-dependant is to be treated as claimant's
CHAPTER II
Income
13. Calculation of income on a weekly basis
14. Average weekly earnings of employed earners
15. Average weekly earnings of self-employed earners
16. Average weekly income other than earnings
17. Calculation of weekly income
18. Disregard of changes in tax, contributions etc
CHAPTER III
Employed Earners
19. Earnings of employed earners
20. Calculation of net earnings of employed earners
CHAPTER IV
Self-employed Earners
21. Earnings of self-employed earners
22. Calculation of net profit of self-employed earners
23. Deduction of tax and contributions for self-employed earners
CHAPTER V
Other Income
24. Calculation of income other than earnings
25. Capital treated as income
26. Notional income
27. Modifications in respect of child and young person
CHAPTER VI
Capital
28. Capital limit
29. Calculation of capital
30. Disregard of capital of child or young person
31. Income treated as capital
32. Calculation of capital in the United Kingdom
33. Calculation of capital outside the United Kingdom
34. Notional capital
35. Diminishing notional capital rule
36. Capital jointly held
37. Calculation of tariff income from capital
PART V
Students
CHAPTER I
General
38. Interpretation
39. Treatment of students
40. Students who are excluded from entitlement to council tax benefit
41. Further provision with respect to students entering the United Kingdom from abroad
CHAPTER II
Income
42. Calculation of grant income
43. Calculation of covenant income where a contribution is assessed
44. Covenant income where no grant income or no contribution is assessed
45. Relationship with amounts to be disregarded under Schedule 4
46. Other amounts to be disregarded
47. Treatment of student loans
48. Disregard of contribution
49. Income treated as capital
50. Disregard of changes occurring during summer vacation
PART VI
Amount of Benefit
51. Maximum council tax benefit
52. Non-dependant deductions
53. Council tax benefit taper
54. Alternative maximum council tax benefit
55. Residents of a dwelling to whom section 131(6) of the Contributions and Benefits Act 1992 does not apply
PART VII
Benefit periods and changes of circumstances and increases for exceptional circumstances
56. Date on which entitlement is to begin
57. Benefit period
58. Date on which benefit period is to end
59. Date on which change of circumstance is to take effect
60. Increases of weekly amounts for exceptional circumstances
PART VIII
Claims
61. Who may claim
62. Time and manner in which claims are to be made
63. Evidence and information
64. Amendment and withdrawal of claim
65. Duty to notify changes of circumstances
PART IX
Determination of questions
66. Who is to make a determination
67. Notification of determinations
68. Time and manner of making notifications, requests or representations
69. Review of determinations
70. Further review of determinations
71. Procedure on further review
72. Decisions upon further review
73. Effect of revising a determination
74. Correction of accidental errors in determinations and decisions
75. Setting aside of determinations and decisions on certain grounds
76. Provisions common to regulations 74 and 75
PART X
Awards or payments of benefit
77. Time and manner of granting council tax benefit
78. Person to whom benefit is to be paid
79. Shortfall in benefit
80. Withholding of benefit
81. Payment on death of the person entitled
82. Offsetting
PART XI
Excess benefit
83. Meaning of excess benefit
84. Recoverable excess benefit
85. Authority by which recovery may be made
86. Person from whom recovery may be sought
87. Methods of recovery
88. Further provision as to recovery of excess benefit
89. Diminution of capital
90. Sums to be deducted in calculating recoverable excess benefit
91. Recovery of excess benefit from prescribed benefits
PART XII
Information
92. Information to be supplied by the Secretary of State to an appropriate authority
93. Information to be supplied by an appropriate authority to the Secretary of State

SCHEDULES

 Schedule 1. Applicable amounts

 Schedule 2. Amount of alternative maximum council tax benefit

 Schedule 3. Sums to be disregarded in the calculation of earnings

 Schedule 4. Sums to be disregarded in the calculation of income other than earnings

 Schedule 5. Capital to be disregarded

 Schedule 6. Matters to be included in the notice of determination

 Schedule 7. Constitution of review boards

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