The Social Security (Miscellaneous Amendments) (No. 5) Regulations 2010

Amendments to the Housing Benefit Regulations 2006

7.—(1) The Housing Benefit Regulations 2006(1) are amended as follows.

(2) In regulation 28(8)(k)(2) (treatment of child care charges)—

(a) after “by a foster parent” insert “or kinship carer”;

(b) for “Fostering of Children (Scotland) Regulations 1996” substitute “Looked After Children (Scotland) Regulations 2009”;

(c) after “is fostering” insert “or kinship carer is looking after”.

(3) In Schedule 5 (sums to be disregarded in the calculation of income other than earnings) for paragraph 26(3) substitute—

“26.   Any payment made to the claimant with whom a person is accommodated by virtue of arrangements made—

(a) by a local authority under—

(i) section 23(2)(a) of the Children Act 1989 (provision of accommodation and maintenance for a child whom they are looking after),

(ii) section 26 of the Children (Scotland) Act 1995 (manner of provision of accommodation to child looked after by local authority), or

(iii) regulations 33 or 51 of the Looked After Children (Scotland) Regulations 2009 (fostering and kinship care allowances and fostering allowances); or

(b) by a voluntary organisation under section 59(1)(a) of the Children Act 1989 (provision of accommodation by voluntary organisations).”.

(4) In Schedule 5, paragraph 28(4) and Schedule 6 (capital to be disregarded), paragraph 19(5) before “29” insert “22,”.

(1)

S.I. 2006/213.

(2)

Inserted by S.I. 2009/1848.

(3)

Relevant amending instrument is S.I. 2006/2378.

(4)

Relevant amending instrument is S.I. 2008/2767.

(5)

Relevant amending instrument is S.I. 2008/2767.