The Social Security (Miscellaneous Amendments) (No. 2) Regulations 2005

Amendment of the Housing Benefit Regulations

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

(2) In regulation 35(2)(c) (notional income), after “personal pension scheme” insert “, occupational pension scheme”.

(3) In regulation 43(2)(d) (notional capital)(2), after “personal pension scheme” insert “, occupational pension scheme”.

(4) In regulation 45(3) (calculation of tariff income from capital)—

(a) in paragraph (1)—

(i) omit “(1ZA) or”, and

(ii) for “£3,000” (in both places) substitute “£6,000”;

(b) omit paragraph (1ZA);

(c) in paragraphs (2) and (3) omit “, (1ZA)”.

(5) In Schedule 4 (sums to be disregarded in the calculation of income other than earnings)—

(a) the existing provisions of paragraph 21(4) shall become sub-paragraph (1) of that paragraph;

(b) after that sub-paragraph insert—

“(2) The reference in sub-paragraph (1) to “income in kind” does not include a payment to a third party made in respect of the claimant which is used by the third party to provide benefits in kind to the claimant.”;

(c) in paragraph 23(1)(a)(5), for “in accordance with regulations made pursuant to section 57A of the Adoption Act 1976 (permitted allowances) or paragraph 3 of Schedule 4 to the Adoption and Children Act 2002 or” substitute “pursuant to regulations under section 2(6)(b), 3 or 4 of the Adoption and Children Act 2002 or in accordance”;

(d) for paragraph 23(1A)(6) substitute—

“(1A) Any payment, other than a payment to which sub-paragraph (1)(a) applies, made to the claimant pursuant to regulations under section 2(6)(b), 3 or 4 of the Adoption and Children Act 2002.”.

(6) In Schedule 5 (capital to be disregarded), for paragraph 70(7) substitute—

“70.   Any payment made to the claimant pursuant to regulations under section 2(6)(b), 3 or 4 of the Adoption and Children Act 2002.”.

(1)

Regulations 21 to 45 of the Housing Benefit Regulations are modified in relation to any person who has attained the qualifying age for state pension credit: see S.I. 2003/325, regs. 2(1) and 8. However the amendments made by these Regulations are to regs. 35, 43 and 45 of the Housing Benefit Regulations as not so modified.

(2)

Paragraph (2)(d) was inserted by S.I. 1995/2303, reg. 5(7).

(3)

Regulation 45 was amended by S.I. 1990/671, reg. 4(2), S.I. 1996/462, reg. 12(2)(b) and S.I. 2000/2545, reg. 2(4).

(4)

Paragraph 21 was amended by S.I. 2000/636, reg. 6(6).

(5)

Paragraph 23(1)(a) was amended by S.I. 1992/432, Schedule 1, paragraph 3, and S.I. 2003/2279, reg. 4(5)(a)(i).

(6)

Paragraph 23(1A) was inserted by S.I. 2003/2279, reg. 4(5)(a)(ii).

(7)

Paragraph 70 was added by S.I. 2003/2279, reg. 4(6)(e).