Citation, commencement and interpretation

1.—(1) These Regulations may be cited as the Housing Benefit and Council Tax Benefit (Miscellaneous Amendments) Regulations 1993 and shall come into force on 4th October 1993.

(2) In these Regulations—

(a)“the Housing Benefit Regulations” means the Housing Benefit (General) Regulations 1987(4);

(b)“the Council Tax Benefit Regulations” means the Council Tax Benefit (General) Regulations 1992(5).

Amendment of regulation 2 of the Housing Benefit Regulations

2.  In regulation 2(1) of the Housing Benefit Regulations (interpretation)—

(a)after the definition of “Crown tenant” there shall be inserted the following definition—

““date of claim” means the date on which the claim is made, or treated as made, for the purposes of regulation 72(6) (time and manner in which claims are to be made);”;

(b)after the definition of “married couple” there shall be inserted the following definition—

““maternity leave” means a period during which a woman is absent from work because she is pregnant or has given birth to a child, and at the end of which she has a right to return to work either under the terms of her contract of employment or under Part III of the Employment Protection (Consolidation) Act 1978(7);”.

Amendment of regulation 4 of the Housing Benefit Regulations

3.  At the end of regulation 4 of the Housing Benefit Regulations (remunerative work)(8) there shall be added the following paragraph—

“(6) A person shall not be treated as engaged in remunerative work on any day on which the person is on maternity leave or is absent from work because he is ill.”.

Amendment of regulation 15 of the Housing Benefit Regulations

4.—(1) Regulation 15 of the Housing Benefit Regulations (circumstances in which a person is to be treated as being or not being a member of the household) shall be amended in accordance with the following provisions of this regulation.

(2) In paragraph (1) for the words “where any of them is absent from the dwelling occupied as his home” there shall be substituted the words “notwithstanding that any of them is temporarily living away from the other members of his family”.

(3) For paragraph (2) there shall be substituted the following paragraph—

“(2) Paragraph (1) shall not apply to a person who is living away from the other members of his family where—

(a)that person does not intend to resume living with the other members of his family; or

(b)his absence from the other members of his family is likely to exceed 52 weeks, unless there are exceptional circumstances (for example where the person is in hospital or otherwise has no control over the length of his absence) and the absence is unlikely to be substantially more than 52 weeks.”.

Amendment of regulation 16 of the Housing Benefit Regulations

5.  In regulation 16(b) of the Housing Benefit Regulations (applicable amounts) for the words “except where otherwise provided” there shall be substituted the words “except as provided in regulation 36(5) (modifications in respect of child and young person)”.

Amendment of regulation 17 of the Housing Benefit Regulations

6.  In regulation 17(c) of the Housing Benefit Regulations (polygamous marriages) for the words “except where otherwise provided,” there shall be substituted the words “, except as provided in regulation 36(5) (modifications in respect of child and young person),”.

Amendment of regulation 23 of the Housing Benefit Regulations

7.  In regulation 23(1) of the Housing Benefit Regulations (average weekly earnings of self-employed earners) for the words “52 weeks” there shall be substituted the words “a year”.

Amendment of regulation 28 of the Housing Benefit Regulations

8.  In regulation 28(1) of the Housing Benefit Regulations (earnings of employed earners) for sub-paragraphs (h) and (i) there shall be substituted the following sub-paragraphs—

“(h)any such sum as is referred to in section 112 of the Contributions and Benefits Act (certain sums to be earnings for social security purposes);

(i)any statutory sick pay or statutory maternity pay, or a corresponding payment under any enactment having effect in Northern Ireland;

(j)any remuneration paid by or on behalf of an employer to the claimant who for the time being is on maternity leave or is absent from work because he is ill.”.

Amendment of regulation 32 of the Housing Benefit Regulations

9.  In regulation 32(2) of the Housing Benefit Regulations (deduction of tax and contributions for self-employed earners) for sub-paragraphs (a) and (b) there shall be substituted the following sub-paragraphs—

“(a)the amount of Class 2 contributions payable under section 11(1) or, as the case may be, 11(3) of the Contributions and Benefits Act at the rate applicable at the date of claim except where the claimant’s chargeable income is less than the amount specified in section 11(4) of that Act (small earnings exception) for the tax year in which the date of claim falls; but if the assessment period is less than a year, the amount specified for that tax year shall be reduced pro rata; and

(b)the amount of Class 4 contributions (if any) which would be payable under section 15 of that Act (Class 4 contributions recoverable under the Income Tax Acts) at the percentage rate applicable at the date of claim on so much of the chargeable income as exceeds the lower limit but does not exceed the upper limit of profits and gains applicable for the tax year in which the date of claim falls; but if the assessment period is less than a year, those limits shall be reduced pro rata.”.

Amendment of regulation 33 of the Housing Benefit Regulations

10.  In regulation 33(1) of the Housing Benefit Regulations (calculation of income other than earnings)(9) for the words “regulation 34 (capital treated as income)” there shall be substituted the words “regulation 34 (capital treated as income) or 36 (modifications in respect of child and young person)”.

Amendment of regulation 36 of the Housing Benefit Regulations

11.—(1) Regulation 36 of the Housing Benefit Regulations (modifications in respect of child and young person)(10) shall be amended in accordance with the following provisions of this regulation.

(2) In paragraph (1) for the words “the foregoing provisions” there shall be substituted the words “Chapters I to V”;

(3) In paragraph (2)—

(a)after the words “Chapter VI” there shall be inserted the words “of this Part”;

(b)for the words “except where otherwise provided” there shall be substituted the words “except as provided in paragraph (5)”.

(4) After paragraph (4) there shall be added the following paragraph—

“(5) There shall be treated as income any capital of a child or young person payable to him by instalments, one or more of which is outstanding at the date of claim or, in the case of a review, at the date of any subsequent review, where the instalment or aggregate of all the instalments outstanding at that date, taken together with the amount of that child’s or young person’s other capital calculated in accordance with Chapter VI of this Part in like manner as for the claimant, would exceed £3,000.”.

Amendment of Schedule 2 to the Housing Benefit Regulations

12.—(1) Schedule 2 to the Housing Benefit Regulations (applicable amounts) shall be amended in accordance with the following provisions of this regulation.

(2) Paragraph 13(3)(b) (conditions relating to severe disability premium)(11) shall be omitted.

(3) In paragraph 14(a) (disabled child premium)—

(a)for the words “Part VI” there shall be substituted the words “Chapter VI of Part VI (income and capital)”;

(b)for the words “except where otherwise provided,” there shall be substituted the words “, except as provided in regulation 36(5) (modifications in respect of child and young person),”.

Amendment of Schedule 3 to the Housing Benefit Regulations

13.—(1) Schedule 3 to the Housing Benefit Regulations (sums to be disregarded in the calculation of earnings) shall be amended in accordance with the following provisions of this regulation.

(2) In paragraph 1(12) for sub-paragraphs (a) and (b) there shall be substituted the following sub-paragraphs—

“(a)where—

(i)the employment has been terminated because of retirement, and

(ii)on retirement he is entitled to a retirement pension under the Contributions and Benefits Act, or is not so entitled solely because of his failure to satisfy the contribution conditions,

any earnings in respect of that employment, but only for a period commencing on the day immediately after the date on which the employment was terminated;

(aa)where before the date of claim the employment has been terminatedotherwise than because of retirement, any earnings in respect of that employment except earnings to which regulation 28(1)(b) to (e), (g) and (h) (earnings of employed earners) applies;

(b)where at the date of claim—

(i)the employment has not been terminated, but

(ii)the claimant is not engaged in remunerative work,

any earnings in respect of that employment except earnings to which regulation 28(1)(d), (e), (i) and (j) applies.”.

(3) For paragraph 2 there shall be substituted the following paragraph—

“2.  In the case of a claimant who, before the date of claim—

(a)has been engaged in part-time employment as an employed earner or, where the employment has been outside Great Britain, would have been so engaged had the employment been in Great Britain, and

(b)has ceased to be engaged in that employment, whether or not that employment has been terminated,

any earnings in respect of that employment except—

(i)where that employment has been terminated, earnings to which regulation 28(1)(e) applies;

(ii)where that employment has not been terminated, earnings to which regulation 28(1)(e), (i) and (j) applies.”.

(4) In paragraph 3(1)(13) after the words “In a case to which this paragraph applies” there shall be inserted the words “and paragraph 4 (14) does not apply”.

(5) In paragraph 5(15) for the words “paragraphs 3, 4A and 4B” there shall be substituted the words “paragraphs 3, 4A, 4B and 6(16)”.

(6) In paragraph 14—

(a)after the words “earnings of a” there shall be inserted the words “child or”;

(b)for the words “section 2 of the Child Benefit Act 1975” there shall be substituted the words “section 142 of the Contributions and Benefits Act”(17).

Amendment of Schedule 4 to the Housing Benefit Regulations

14.  In paragraph 14(a) of Schedule 4 to the Housing Benefit Regulations (sums to be disregarded in the calculation of income other than earnings)(18) after the words “such a pension” there shall be added the words “, except in so far as such a pension or payment falls to be disregarded under paragraphs 7 or 8”.

Amendment of Schedule 5 to the Housing Benefit Regulations

15.—(1) Schedule 5 to the Housing Benefit Regulations (capital to be disregarded) shall be amended in accordance with the following provisions of this regulation.

(2) In paragraph 21(19) for the words “regulation 34 or 57A (capital treated as income or treatment of student loans)” there shall be substituted the words “regulation 34, 36(5) or 57A (capital treated as income, modifications in respect of child and young person, treatment of student loans)”.

(3) In paragraph 33(20) for the words “Any payment not exceeding £200” there shall be substituted the words “£200 of any payment or, if the payment is less than £200, the whole of any payment”.

Amendment of regulation 2 of the Council Tax Benefit Regulations

16.  In regulation 2(1) of the Council Tax Benefit Regulations (interpretation)—

(a)after the definition of “council tax benefit” there shall be inserted the following definition—

““date of claim” means the date on which the claim is made, or treated as made, for the purposes of regulation 62 (time and manner in which claims are to be made);”;

(b)after the definition of “married couple” there shall be inserted the following definition—

““maternity leave” means a period during which a woman is absent from work because she is pregnant or has given birth to a child, and at the end of which she has a right to return to work either under the terms of her contract of employment or under Part III of the Employment Protection (Consolidation) Act 1978(21);”.

Amendment of regulation 4 of the Council Tax Benefit Regulations

17.  At the end of regulation 4 of the Council Tax Benefit Regulations (remunerative work) there shall be added the following paragraph—

“(6) A person shall not be treated as engaged in remunerative work on any day on which the person is on maternity leave or is absent from work because he is ill.”.

Amendment of regulation 8 of the Council Tax Benefit Regulations

18.  In regulation 8(b) of the Council Tax Benefit Regulations (applicable amounts) after the words “in like manner as for the claimant” there shall be inserted the words “, except as provided in regulation 27(5) (modifications in respect of child or young person),”.

Amendment of regulation 9 of the Council Tax Benefit Regulations

19.  In regulation 9(c) of the Council Tax Benefit Regulations (polygamous marriages) after the words “in like manner as for the claimant” there shall be inserted the words “, except as provided in regulation 27(5) (modifications in respect of child or young person),”.

Amendment of regulation 15 of the Council Tax Benefit Regulations

20.  In regulation 15(1) of the Council Tax Benefit Regulations (average weekly earnings of self-employed earners) for the words “52 weeks” there shall be substituted the words “a year”.

Amendment of regulation 19 of the Council Tax Benefit Regulations

21.  In regulation 19(1) of the Council Tax Benefit Regulations (earnings of employed earners) for sub-paragraph (i) there shall be substituted the following sub-paragraphs—

“(i)any statutory sick pay or statutory maternity pay, or a corresponding payment under any enactment having effect in Northern Ireland;

(j)any remuneration paid by or on behalf of an employer to the claimant who for the time being is on maternity leave or is absent from work because he is ill.”.

Amendment of regulation 23 of the Council Tax Benefit Regulations

22.  In regulation 23(2) of the Council Tax Benefit Regulations (deduction of tax and contributions for self-employed earners) for sub-paragraphs (a) and (b) there shall be substituted the following sub-paragraphs—

“(a)the amount of Class 2 contributions payable under section 11(1) or, as the case may be, 11(3) of the Contributions and Benefits Act 1992 at the rate applicable at the date of claim except where the claimant’s chargeable income is less than the amount specified in section 11(4) of that Act (small earnings exception) for the tax year in which the date of claim falls; but if the assessment period is less than a year, the amount specified for that tax year shall be reduced pro rata; and

(b)the amount of Class 4 contributions (if any) which would be payable under section 15 of that Act (Class 4 contributions recoverable under the Income Tax Acts) at the percentage rate applicable at the date of claim on so much of the chargeable income as exceeds the lower limit but does not exceed the upper limit of profits and gains applicable for the tax year in which the date of claim falls; but if the assessment period is less than a year, those limits shall be reduced pro rata.”.

Amendment of regulation 24 of the Council Tax Benefit Regulations

23.  In regulation 24(1) of the Council Tax Benefit Regulations (calculation of income other than earnings) for the words “regulation 25 (capital treated as income)” there shall be substituted the words “regulation 25 (capital treated as income) or 27 (modifications in respect of child or young person)”.

Amendment of regulation 27 of the Council Tax Benefit Regulations

24.—(1) Regulation 27 of the Council Tax Benefit Regulations (modifications in respect of child or young person)(22) shall be amended in accordance with the following provisions of this regulation.

(2) In paragraph (1) for the words “the foregoing provisions” there shall be substituted the words “Chapters I to V”;

(3) In paragraph (2)—

(a)after the words “Chapter VI” there shall be inserted the words “of this Part”;

(b)after the words “in like manner as for the claimant” there shall be inserted the words “, except as provided in paragraph (5),”.

(4) After paragraph (4) there shall be added the following paragraph—

“(5) There shall be treated as income any capital of a child or young person payable to him by instalments, one or more of which is outstanding at the date of claim or, in the case of a review, at the date of any subsequent review, where the instalment or aggregate of all the instalments outstanding at that date, taken together with the amount of that child’s or young person’s other capital calculated in accordance with Chapter VI of this Part in like manner as for the claimant, would exceed £3,000.”.

Amendment of Schedule 1 to the Council Tax Benefit Regulations

25.—(1) Schedule 1 to the Council Tax Benefit Regulations (applicable amounts) shall be amended in accordance with the following provisions of this regulation.

(2) Paragraph 14(3)(b) (conditions relating to severe disability premium)(23) shall be omitted.

(3) In paragraph 15(a) (disabled child premium) after the words “in like manner as for the claimant” there shall be inserted the words “, except as provided in regulation 27(5) (modifications in respect of child or young person),”.

Amendment of Schedule 3 to the Council Tax Benefit Regulations

26.—(1) Schedule 3 to the Council Tax Benefit Regulations (sums to be disregarded in the calculation of earnings) shall be amended in accordance with the following provisions of this regulation.

(2) In paragraph 1 for sub-paragraphs (a) and (b) there shall be substituted the following sub-paragraphs—

“(a)where—

(i)the employment has been terminated because of retirement, and

(ii)on retirement he is entitled to a retirement pension under the Contributions and Benefits Act, or is not so entitled solely because of his failure to satisfy the contribution conditions,

any earnings in respect of that employment, but only for a period commencing on the day immediately after the date on which the employment was terminated;

(aa)where before the date of claim the employment has been terminated otherwise than because of retirement, any earnings in respect of that employment except earnings to which regulation 19(1)(b) to (e), (g) and (h) (earnings of employed earners) applies;

(b)where at the date of claim—

(i)the employment has not been terminated, but

(ii)the claimant is not engaged in remunerative work,

any earnings in respect of that employment except earnings to which regulation 19(1)(d), (e), (i) and (j) applies.”.

(3) For paragraph 2 there shall be substituted the following paragraph—

“2.  In the case of a claimant who, before the date of claim—

(a)has been engaged in part-time employment as an employed earner or, where the employment has been outside Great Britain, would have been so engaged had the employment been in Great Britain, and

(b)has ceased to be engaged in that employment, whether or not that employment has been terminated,

any earnings in respect of that employment except—

(i)where that employment has been terminated, earnings to which regulation 19(1)(e) applies;

(ii)where that employment has not been terminated, earnings to which regulation 19(1)(e), (i) and (j) applies.”.

(4) In paragraph 3(1)(24) after the words “In a case to which this paragraph applies” there shall be inserted the words “and paragraph 4(25) does not apply”.

(5) In paragraph 5(26) for the words “paragraphs 3, 4A and 4B” there shall be substituted the words “paragraphs 3, 4A, 4B and 6(27)”.

(6) In paragraph 14 after the words “earnings of a” there shall be inserted the words “child or”.

Amendment of Schedule 4 to the Council Tax Benefit Regulations

27.  In paragraph 14(a) of Schedule 4 to the Council Tax Benefit Regulations (sums to be disregarded in the calculation of income other than earnings) after the words “such a pension” there shall be added the words “, except in so far as such a pension or payment falls to be disregarded under paragraphs 7 or 8”.

Amendment of Schedule 5 to the Council Tax Benefit Regulations

28.—(1) Schedule 5 to the Council Tax Benefit Regulations (capital to be disregarded) shall be amended in accordance with the following provisions of this regulation.

(2) In paragraph 21 for the words “regulation 25 or 47 (capital treated as income or treatment of student loans)” there shall be substituted the words “regulation 25, 27(5) or 47 (capital treated as income, modifications in respect of child or young person, treatment of student loans)”.

(3) In paragraph 33 for the words “Any payment not exceeding £200” there shall be substituted the words “£200 of any payment or, if the payment is less than £200, the whole of any payment”.

Explanatory Note

(This note is not part of the Regulations)

These Regulations further amend the Housing Benefit (General) Regulations 1987 (S.I. 1987/1971) and the Council Tax Benefit (General) Regulations 1992 (S.I. 1992/1814) so that with respect to each benefit—

(a)they provide definitions of “date of claim” and “maternity leave” (regulations 2 and 16);

(b)they provide that a person absent from work owing to illness or maternity is not to be treated as engaged in remunerative work (regulations 3 and 17);

(c)they provide for certain capital of a child or young person to be treated as income and make consequential amendments (regulations 5, 6, 10, 11, 12, 15, 18, 19, 23, 24, 25 and 28);

(d)they alter from 52 weeks to a year the period by reference to which the earnings of self-employed earners are to be estimated (regulations 7 and 20);

(e)with respect to the calculation of earnings of employed earners, they further specify the amounts which are to be included as earnings; they amend the provisions relating to the disregard of certain earnings where the employment has been terminated or the claimant has ceased to be engaged in work; they provide that certain disregards do not apply when certain other disregards apply, and that a specified amount only shall be disregarded in respect of earnings of children in certain circumstances (regulations 8, 13, 21 and 26);

(f)with respect to the calculation of earnings of self-employed earners, they amend the provisions specifying the amount to be deducted in respect of social security contributions (regulations 9 and 22);

(g)they amend, in relation to the calculation of a person’s applicable amount, the conditions relating to severe disability premium (regulations 12 and 25);

(h)with respect to the calculation of income other than earnings, they provide that the disregard of a specified amount of certain war pensions and payments is not to apply where the pension or payment falls to be disregarded under other specified provisions (regulations 14 and 27);

(i)with respect to the calculation of capital, they specify that £200 of certain payments made as a training bonus are to be disregarded (regulations 15 and 28).

With respect to housing benefit, they amend the provisions specifying the circumstances in which a person is to be treated as being or not being a member of the household (regulation 4).

These Regulations do not impose a charge on businesses.