4.—(1) Regulation 43A (diminishing notional capital rule)(1) shall be amended in accordance with the following provisions of this paragraph.
(2) In paragraph (3) after sub-paragraph (b) there shall be inserted the following sub-paragraph—
“(bb)where the claimant has also claimed council tax benefit, the amount of any council tax benefit or any additional amount of council tax benefit to which he would have been entitled in respect of the benefit week to which paragraph (2) refers but for the application of regulation 34(1) of the Council Tax Benefit (General) Regulations 1992 (notional capital)(2);”.
(3) In paragraph (4)—
(a)in sub-paragraph (b) after the words “last day of the relevant week,” there shall be added the words “and sub-paragraph (bb) does not apply in respect of that benefit week,”;
(b)after sub-paragraph (b) there shall be inserted the following sub-paragraph—
“(bb)if the claimant would, but for regulation 34(1) of the Council Tax Benefit (General) Regulations 1992, have been entitled to council tax benefit or to an additional amount of council tax benefit in respect of the benefit week which includes the last day of the relevant week, the amount which is equal to—
(i)in a case where no council tax benefit is payable, the amount to which he would have been entitled, or
(ii)in any other case, the amount equal to the additional amount of council tax benefit to which he would have been entitled;
and, for the purposes of this sub-paragraph, if the amount is in respect of a part-week, that amount shall be determined by dividing the amount of the council tax benefit to which he would have been so entitled by the number equal to the number of days in the part-week and multiplying the quotient so obtained by 7;”.
(4) In paragraph (8) there shall be inserted after sub-paragraph (aa) the following sub-paragraph—
“(aaa)“part-week” in paragraph (4)(bb) means a period of less than a week for which council tax benefit is allowed;”