SOCIAL SECURITY

HC Deb 25 April 1988 vol 132 cc128-30

1. The Social Security Act 1986 shall be amended as mentioned in the following provisions of this Schedule.

2.—(1) Section 20 (income-related benefits) shall be amended as follows.

(2) In Subsection (1) the word "and" shall be omitted and at the end of the subsection there shall be inserted "and (d) community charge benefits.

(3) After subsection (8) there shall be inserted— (8A) A person is entitled to a community charge benefit in respect of a particular day falling after 31 March 1990 if each of the three conditions set out in subsections (8B) to (8E) below is fulfilled. (8B) In relation to England and Wales, the first condition is that—

1. (a) on the day the person concerned is shown, in a charging authority's community charges register, as subject to a personal community charge of the authority and is not there shown as undertaking a full-time course of education on the day, or
2. (b) the day consists of or falls within a contribution period in respect of which the person concernd is liable to pay an amount under section 9 of the 1988 Act (collective community charge contributions).

(8C) In relation to Scotland, the first condition is that—

1. (a) in respect of the day the person concerned is shown, in a Community Charges Register, as being liable to pay the personal community charge and is not there shown as undertaking a full-time course of education on the day, or
2. (b) the day consists of or falls within a contribution period in respect of which the 129 person concerned is liable to pay a collective community charge contribution under section 11(11) of the 1987 Act.

(8D) The second condition is that there is an appropriate maximum community charge benefit in the case of the person concerned.— (8E) The third condition is that—

1. (a) the person concerned has no income in respect of the day,
2. (b) his income in respect of the day does not exceed the applicable amount, or
3. (c) his income in respect of the day exceeds that amount but does not exceed the second applicable amount.

(8F) In respect of the same day, a person shall be entitled to a separate community charge benefit in respect of each charge or contribution period concerned (if more than one). (8G) But regulations may provide that if—

1. (a) a person would (apart from the regulations) be entitled, in respect of the same day, to separate community charge benefits, and
2. (b) the circumstances are such as are prescribed.

he shall not be entitled to such one or more of the benefits as may be identified in accordance with prescribed rules.

(4) After subsection (9) there shall be inserted— (9A) Subsection (9) above does not prevent different members of the same family becoming entitled to different community charge benefits by virtue of their fulfilling the conditions in respect of different charges or of different contribution periods

(5) In subsection (11)—

1. (a) before the definition of child there shall be inserted—
• "chargeable financial year" has the same as in the 1988 Act;
• "charging authority" has the same meaning as in the 1988 Act;"
2. (b) after the definition of child there shall be inserted—
• "contribution period", in relation to England and Wales, has the same meaning as in section 9 of the 1988 Act;
• "contribution period", in relation to Scotland, means a continuous period of residence in any premises (which falls in a chargeable financial year) in respect of each day of which a person is liable to pay a collective community charge contribution under section 11(11) of the 1987 Act;"
3. (c) after the definition of family there shall be inserted—
• "levying authority" has the same meaning as in the 1987 Act;"
4. (d) after the definition of married couple there shall be inserted—
• "the 1987 Act" means the Abolition of Domestic Rates Etc. (Scotland) Act 1987;
• "the 1988 Act" means the Local Government Finance Act 1988."

3.—(1) Section 21 (amount of entitlement) shall be amended as follows.

(2) After subsection (5) there shall be inserted—

• "(5A) Where a person is entitled to a community charge benefit in respect of a day, and section 20(8E)(a) or (b) above applies, the amount to which he is entitled shall be the amount which is the appropriate maximum community charge benefit in his case.
• (5B) Where a person is entitled to a community charge benefit in respect of a day, and section 20(8E)(c) above applies, the amount to which he is entitled shall be found by deducting amount B from amount A, where—
1. (a) amount A is the appropriate maximum community charge benefit in his case, and
2. (b) amount B is a prescribed percentage of the difference between the applicable amount and the income of the person concerned in respect of the day.
• (5C) Subsection (5D) below applies where—
1. (a) a person is entitled to a community charge benefit in respect of a day,
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2. (b) on the day the conditions in section 63(1)(a) and (b) of the 1988 Act or the conditions in section 67(1)(a) and (b) of that Act (residual rating) are fulfilled as regards a hereditament.
3. (c) the person entitled to the benefit is the same person as the ratepayer referred to in section 63(1)(b) or 67(1)(b) of that Act (as the case may be), and
4. (d) the circumstances are such as are prescribed.
• (5D) In such a case—
1. (a) neither subsection (4) nor subsection (5) above shall apply for the purpose of finding the amount of any 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,
2. (b) neither subsection (5A) nor subsection (5B) above shall apply for the purpose of finding the amount of the community charge benefit,
3. (c) the aggregate amount of any such housing benefit and the community charge benefit shall be such as is prescribed,
4. (d) the amount of any such housing benefit shall be such proportion of that aggregate amount as is prescribed, and
5. (e) the amount of the community charge benefit shall be such proportion of that aggregate amount as is prescribed."

(3) In subsection (6) after paragraph (b) there shall be inserted— (c) the appropriate maximum community charge benefit,

4.—(l) Section 22 (calculation) shall be amended as follows.

(2) In subsection (3) for "arid housing benefit" there shall be substituted ", housing benefit and any community charge benefit".

(3) After subsection (4) there shall be inserted— (4A) The second applicable amount shall be such amount or the aggregate of such amounts as may be prescribed.

5. The following shall be inserted after section 22—