The Social Security (Infected Blood and Thalidomide) Regulations 2017

Amendments to the Housing Benefit Regulations 2006

6.—(1) The Housing Benefit Regulations 2006(1) are amended as follows.

(2) In regulation 2(1) (interpretation)—

(a) in the appropriate place insert—

““approved blood scheme” means a scheme established or approved by the Secretary of State, or trust established with funds provided by the Secretary of State, for the purpose of providing compensation in respect of a person having been infected from contaminated blood products;”;

(b) in the definition of “qualifying person”, after “the Scottish Infected Blood Support Scheme” insert “, an approved blood scheme”.

(3) In each of the following provisions, after “the Scottish Infected Blood Support Scheme” insert “, an approved blood scheme”—

(a) regulation 42(7)(a) (notional income);

(b) regulation 46(6) (income treated as capital);

(c) regulation 49(4)(a) (notional capital);

(d) regulation 74(9)(b) (non-dependant deductions);

(e) paragraph 35(1) and (7) of Schedule 5 (sums to be disregarded in the calculation of income other than earnings);

(f) paragraphs 24(1) and (7) and 34 of Schedule 6 (capital to be disregarded).

(4) In regulation 74, after sub-paragraph (9)(c) insert—

“(d) any payment made under or by a trust, established for the purpose of giving relief and assistance to disabled persons whose disabilities were caused by the fact that during their mother’s pregnancy she had taken a preparation containing the drug known as Thalidomide, and which is approved by the Secretary of State.”.

(5) In regulation 86(4)(a)(ii) (evidence and information), omit “, the Scottish Infected Blood Support Scheme”.

(6) In Schedule 6, after paragraph 62 add—

“63.   Any payment made under or by a trust, established for the purpose of giving relief and assistance to disabled persons whose disabilities were caused by the fact that during their mother’s pregnancy she had taken a preparation containing the drug known as Thalidomide, and which is approved by the Secretary of State.”.

(1)

S.I. 2006/213. Relevant amending instruments are S.I. 2007/2868, 2008/2767 and 3157, 2010/641, 2011/2425. 2013/591 and 2017/329, 422 and 689.