In the Guide to Housing Benefit and Council Tax Benefit 2005/06 (John Zebedee, Martin Ward and Sam Lister) it states 'if the claimant or any partner is aged 60+, rent received on property (other than the claimant's home) is disregarded in full as income in all circumstances (this is clear since the law changed on 4 April 2005)'

It refers to CTBR 60+ 17(1), sch 4A para 24, has anybody a copy of this regulation or where I am likely to find it?

thanks

Sorry for late reply.

How about Housing Benefit and Council Tax Benefit Legislation - seventeenth edition 04-05? (Findlay)

Most likely place I would of thought. If you havn't got a copy i'm sure library's have them.

Regards

Nicky

Consolidated version of CTB regs is here:

http://www.dwp.gov.uk/advisers/docs/lawvols/bluevol/pdf/a8_2201.pdf

You can also get the HB and CTB regs on the HBinfo site at

http://www.hbinfo.org/menu2/regsindex.htm

CTBR 60+ regs are listed as CT benefit regs(pension credit version) on the HBinfo site

Thank you for your help, I have looked on both links and as far as I can see Sch 4A only goes up to para 23 and I am looking for 24, so I assume they have not been updated unless of course I am looking in the wrong place, any ideas?


sarah

From our CD-Rom

The Housing Benefit and Council Tax Benefit (Miscellaneous Amendments) (No 2) Regulations 2005
.....
(2) The amendments made by paragraphs (6) and (11) are to the Council Tax Benefit Regulations as modified in their application to persons to whom regulation 12 of the State Pension Credit Regulations applies.
.....
(11) In Schedule 4A (amounts to be disregarded in the calculation of income other than earnings) after paragraph 23 there shall be added-

" 24. Except in the case of income from capital specified in Part II of Schedule 5ZA, any actual income from capital."

Thank you for that, however I just can't seem to get my head around this one

Scenario is:

Client who is over 60yrs, owns another property in which a family member who is incapacitated resides there. Client receives rental income of £350.00 per month, in the 'Guide to HB/CTB by John Zebedee etc' is states 'rent received on property (other than claimant's home)is disregarded in full as income in all circumstances', I have read Reg 17(1) sch 4A para 24 and I am unable to relate it to this case!

can you help

sarah