The Social Security (Miscellaneous Amendments) (No.3) Regulations 1998

Amendment of the Council Tax Benefit (General) Regulations 1992 and the Housing Benefit (General) Regulations 1987

2.  For paragraph 29 of Schedule 4 to the Council Tax Benefit (General) Regulations 1992(1) and paragraph 28 of Schedule 4 to the Housing Benefit (General) Regulations 1987(2) (sums to be disregarded in the calculation of income other than earnings) there shall be substituted the following paragraph bearing the respective paragraph number—

“—

(1) Subject to sub-paragraph (2), any payment received under an insurance policy taken out to insure against the risk of being unable to maintain repayments—

(a) on a loan which is secured on the dwelling which the claimant occupies as his home; or

(b) under a regulated agreement as defined for the purposes of the Consumer Credit Act 1974(3) or under a hire-purchase agreement or a conditional sale agreement as defined for the purposes of Part III of the Hire-Purchase Act 1964(4).

(2) A payment referred to in sub-paragraph (1) shall only be disregarded to the extent that the payment received under that policy does not exceed the amounts, calculated on a weekly basis, which are used to—

(a) maintain the repayments referred to in sub-paragraph (1)(a) or, as the case may be, (b); and

(b) meet any amount due by way of premiums on—

(i) that policy; or

(ii) in a case to which sub-paragraph (1)(a) applies, an insurance policy taken out to insure against loss or damage to any building or part of a building which is occupied by the claimant as his home and which is required as a condition of the loan referred to in sub-paragraph (1)(a).”.

(1)

S.I. 1992/1814 to which there are amending instruments which are not relevant to these Regulations.

(2)

S.I. 1987/1971 to which there are amending instruments which are not relevant to these Regulations.

(3)

1974 c. 39.

(4)

1964 c. 53; Part III was substituted by the Consumer Credit Act 1974 (c. 39) Schedule 4, paragraph 22.