Section: Housing Benefit & Council Tax

New Regulations

Source: Office of Public Sector Information

The Social Security Benefits Up-rating Order 2007 SI 688

Came into force: On or after 9 April 2007

Part 3 of the Order relates to Income Support, Housing Benefit and Council Tax Benefit.

Article 19 states the amount of the sums relevant to the applicable amount for the purposes of Housing Benefit. Article 19(6) and Schedule 6 set out the personal allowances and article 19(8) and Schedule 7 set out the premiums.

Article 20 states the amount of the sums relevant to the applicable amount for the purposes of Housing Benefit for certain persons over the qualifying age for state pension credit. Article 20(6) and Schedule 8 set out the personal allowances and article 20(7) and (8) and Schedule 9 set out the premiums.

Article 21 states the amount of the sums relevant to the applicable amount for the purposes of Council Tax Benefit. Article 21(4) and Schedule 10 set out the personal allowances and article 21(5) and (6) and Schedule 11 set out the premiums.

Article 22 states the amount of the sums relevant to the applicable amount for the purposes of Council Tax Benefit for certain persons over the qualifying age for state pension credit. Article 22(4) and Schedule 12 set out the personal allowances and article 22(5) and (6) and Schedule 13 set out the premiums.
The Social Security (Miscellaneous Amendments) Regulations 2007 SI 719

These Regulations amend a number of different regulations relating to social security, including the following:

Regulations 2 to 4 and 6 to 9 amend the Housing Benefit Regulations 2006 (S.I. 2006/213), the Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 2006 (S.I. 2006/214), the Council Tax Benefit Regulations 2006 (S.I. 2006/215), the Council Tax Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 2006 (S.I. 2006/216) so that an award of carer's allowance is only taken into account from the date on which it is paid.

Regulations 2, 3, 6 and 8 amend cross-references in the Income Support Regulations, the Jobseeker's Allowance Regulations, the Housing Benefit Regulations 2006 and the Council Tax Benefit Regulations 2006 to provisions (which were amended by S.I. 2006/2378) relating to the treatment of capital which is derived from an award of damages for a personal injury for the purposes of determining notional income or capital.

Regulation 6 to 9 correct errors in amendments made to the Housing Benefit Regulations 2006, the Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 2006, the Council Tax Benefit Regulations 2006 and the Council Tax Benefit (Persons who have attained the qualifying age for state pension credit) 2006.

Regulations 6 and 7 amend the Housing Benefit Regulations 2006 and the Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 2006 to remove references to satellite television and to provide that television subscription charges are ineligible service charges for Housing Benefit purposes in Schedule 1 of those Regulations.
The Council Tax (Discounts) (Scotland) Amendment Regulations 2007 SI 213

Came into force: 1 April 2007

Under Part II of the Local Government Finance Act 1992, the amount payable as Council Tax for a dwelling in Scotland is reduced in circumstances where a person resident in that dwelling falls to be disregarded for the purposes of discount (and where there is no more than one other person resident in the dwelling liable for council tax). Schedule 1 to the 1992 Act provides for classes of persons to qualify for the purposes of discount and the Council Tax (Discounts) (Scotland) Regulations 1992 make additional provision in relation to certain of those classes.

These Regulations amend regulation 2 of the 1992 Regulations, which prescribes conditions which must be fulfilled if a care worker is to be disregarded for the purposes of discount. The amendment increases from £36 to £44 per week (in line with inflationary increases) the maximum remuneration which a care worker can earn and still be disregarded.
The Council Tax (Discounts) (Scotland) Amendment Order 2007 SI 214

Came into force: 1 April 2007

The Council Tax (Discounts) (Scotland) Consolidation and Amendment Order 2003 consolidated with amendments and revoked the provisions of the Council Tax (Discounts) (Scotland) Order 1992, and Orders amending that Order. The 2003 Order accordingly made provision for certain prescribed persons to be disregarded when calculating the amount of council tax payable by a household in Scotland.

Article 5 of the 2003 Order provided an appropriate definition of persons who will qualify for discount by virtue of being "apprentices". That article uprated the gross earnings of apprentices (in line with second adult rebate cases) to £163 per week, for the purposes of apprentices who will qualify for discount.

This Order amends Article 5 of the 2003 Order. It uprates the gross earnings of apprentices to £195 per week for the purposes of apprentices who will qualify for discount, in line with inflationary increases.
The Council Tax (Exempt Dwellings) (Scotland) Amendment Order 2007 SI 215

Came into force: 1 April 2007

This Order further amends the Council Tax (Exempt Dwellings) (Scotland) Order 1997. Schedule 1 to that Order prescribes those classes of dwellings which are exempt dwellings for the purposes of section 72(6) of the Local Government Finance Act 1992. This exempts those classes from the Council Tax.

Article 2 substitutes a new paragraph 25 of Schedule 1 to the 1997 Order, which defines a class of dwelling in respect of which a registered prescribed housing support service (as prescribed in regulations made by the Scottish Ministers) is being provided. The service requires to be provided to at least one licensee, tenant or sub-tenant (as the case may be) of the dwelling. The other stated requirements for the dwelling also require to be met, for the dwelling to be exempt from council tax. These include that every such licensee, tenant or sub-tenant shares the use of at least one facility (as defined in paragraph 25(1)(c)) (but there is no requirement that the same one facility is shared by every person).

A dwelling is not exempt where every licensee, tenant and sub-tenant of the dwelling has an exclusive right to use (at least) a kitchen, and either a bathroom or shower-room (with the bathroom or shower-room either containing a toilet, or there being a separate toilet).

The prescribed housing support services, or types of services, are prescribed at the date of making this Order under section 91(8) of the Housing (Scotland) Act 2001, by the Housing (Scotland) Act 2001 (Housing Support Services) Regulations 2002 (S.S.I. 2002/444).

Article 3 revokes article 2 of the Council Tax (Exempt Dwellings) (Scotland) Amendment Order 2006 (S.S.I. 2006/402). That article prescribed certain lands and heritages to be treated as one dwelling. With the substitution of a new paragraph 25 of Schedule 1 to the 1997 Order, providing a new definition of the class of exempt dwelling, this provision is revoked.

Section: Housing Benefit & Council Tax

New Regulations

Housing Monthly Diary

Issue: May 2007 Reporting on March-April 2007

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