5. For regulation 4(a) (limit on the amount of the discretionary housing payment that may be made) of the Discretionary Financial Assistance Regulations 2001(1) substitute—
“(a)periodical payments in respect of the dwelling which a person occupies as his home, other than payments in respect of council tax, an amount equal to the aggregate of the payments specified in—
(i)regulation 12(1) of the Housing Benefit Regulations less the aggregate of the amounts referred to in regulation 12B(2) of those Regulations calculated on a weekly basis in accordance with regulations 80 and 81 of those Regulations; or
(ii)regulation 12(1) of the Housing Benefit (State Pension Credit) Regulations less the aggregate of the amounts referred to in regulation 12B(2) of those Regulations, calculated on a weekly basis in accordance with regulations 61 and 62 of those Regulations; or”.
S.I. 2001/1167 as amended by S.I. 2006/217.