4. After regulation 65A of the Housing Benefit Regulations(1) (date on which housing benefit is to end) there shall be inserted the following regulation –
65B. Except in a case in which the claimant or his partner is in receipt of state pension credit, a claimant’s entitlement to housing benefit shall cease at the end of the benefit week in which entitlement to severe disablement allowance or incapacity benefit ceases where –
(a)the claimant or his partner was entitled to and in receipt of income support but was entitled to and in receipt of severe disablement allowance or incapacity benefit and that entitlement has ceased;
(b)that entitlement to severe disablement allowance or incapacity benefit has ceased by reason of the claimant or his partner –
(i)commencing employment as an employed or self-employed earner;
(ii)increasing their earnings from such employment, or
(iii)increasing the number of hours worked in such employment;
(c)the claimant had been entitled to and in receipt of severe disablement allowance or incapacity benefit for a continuous period of at least 26 weeks before the day on which his entitlement to severe disablement allowance or incapacity benefit ceased, and for the purposes of this sub-paragraph –
(i)a claimant satisfies the conditions of this sub-paragraph if he has been entitled to and in receipt of a combination of severe disablement allowance and incapacity benefit for at least 26 weeks;
(ii)references to the claimant include references to his partner, and
(d)that work, increase in earnings, or as the case may be, increase in hours is expected to last at least 5 weeks or more.”.
Regulation 65A was inserted by regulation 11 of S.R. 2004 No. 144