The Housing Benefit (General) Amendment Regulations 1993

Amendment of Schedule 3 to the 1987 Regulations

13.—(1) Schedule 3 to the 1987 Regulations (sums to be disregarded in the calculation of earnings)(1) shall be amended in accordance with the following provisions of this regulation.

(2) In paragraph 3(4)(c) after the words “sub-paragraph (2)” there shall be inserted the words “or (3)”.

(3) After paragraph 4(2) there shall be inserted the following paragraphs—

“4A.— (1) In a case to which neither paragraph 3 nor paragraph 4 applies to the claimant, and subject to sub-paragraph (2), where the claimant’s applicable amount includes an amount by way of the carer premium under Schedule 2 (applicable amounts), £15 of the earnings of the person who is, or at any time in the preceding eight weeks was, in receipt of invalid care allowance or treated in accordance with paragraph 14ZA(2)(3) of that Schedule as being in receipt of invalid care allowance.

(2) Where the carer premium is awarded in respect of the claimant and of any partner of his, their earnings shall for the purposes of this paragraph be aggregated, but the amount to be disregarded in accordance with sub-paragraph (1) shall not exceed £15 of the aggregated amount.

4B.   Where the carer premium is awarded in respect of a claimant who is a member of a couple and whose earnings are less than £15, but is not awarded in respect of the other member of the couple, and that other member is engaged in an employment—

(a) specified in paragraph 6(1), so much of the other member’s earnings as would not when aggregated with the amount disregarded under paragraph 4A exceed £15;

(b) other than one specified in paragraph 6(1), so much of the other member’s earnings from such other employment up to £10 as would not when aggregated with the amount disregarded under paragraph 4A exceed £15.”.

(4) In paragraph 5 for the words “paragraph 3 does not apply” there shall be substituted the words “paragraphs 3, 4A and 4B do not apply”.

(5) In paragraph 6 for the words “to which neither paragraph 3 nor 4 applies” there shall be substituted the words “where paragraphs 3, 4, 4A and 4B do not apply”.

(6) In paragraph 9 for the words “17, 18 or 27” there shall be substituted the words “17 or 18”.

(1)

Paragraph 3 of Schedule 3 was substituted by S.I. 1989/416.

(2)

Paragraph 4 of Schedule 3 was substituted by S.I. 1990/1775.

(3)

Paragraph 14ZA of Schedule 2 was inserted by S.I. 1990/1775.