HC Deb 25 April 1988 vol 132 cc130-1

22A.—(1) As regards any case where a person is a member of a married or unmarried couple throughout a particular day, regulations may make such provision as the Secretary of State sees fit as to—

  1. (a) the entitlement of the person to a community charge benefit in respect of the day, and
  2. (b) the amount to which he is entitled.

(2) Nothing in subsections (3) to (8) below shall prejudice the generality of subsection (1) above.

(3) The regulations may provide that prescribed provisions shall apply instead of prescribed provisions of this Part, or that prescribed provisions of this Part shall not apply or shall apply subject to prescribed amendments or adaptations.

(4) The regulations may provide that, for the purpose of calculating in the case of the person concerned the matters mentioned in subsection (5) below, prescribed amounts relating to the person and his partner are to be aggregated and the aggregate is to be apportioned.

(5) The matters are income, capital, the applicable amount, the second applicable amount, and the appropriate maximum community charge benefit.

(6) Where the regulations contain provision replacing section 21(5C) and 5(d) above as regards a case where the person entitled to a community charge benefit is a member of a married or unmarried couple, the regulations may include—

  1. (a) provision as to any relevant housing benefit to which the person concerned is entitled (as well as provision as to any community charge benefit to which he is entitled);
  2. (b) provision as to any community charge benefit or relevant housing benefit to which his partner is entitled.

(7) The regulations may—

  1. (a) amend section 31B(5) below so as to allow for disregarding the whole or part of any pension payable to the partner of the person concerned in determining the latter's income;
  2. (b) amend section 31B(6) below accordingly.

(8) The regulations may contain different provision as to the following different cases—

  1. (a) cases where the first condition is fulfilled on the day concerned by the person concerned but not by his partner;
  2. (b) cases where the first condition is fulfilled on the day concerned by the person concerned and by his partner.

(9) The regulations may include such sup-plementary, incidental or consequential provisions as appear to the Secretary of State to be necessary or expedient.

(10) In this section—

  1. (a) references to a person's partner are to the other member of the couple concerned,
  2. (b) references to relevant housing benefit, in relation to a person, are to prescribed housing benefit which takes the form of a rate rebate and to which he is entitled in respect of any payments by way of the residual rate concerned, and
  3. (c) references to the first condition are to the condition mentioned in section 20(8B) or (8C) above (as the case may be)."

6. The following shall be inserted after section 31—