The Housing Benefit and Council Tax Benefit (Miscellaneous Amendments) (No. 2) Regulation 1995

Amendment of regulation 48A of the Housing Benefit Regulations

6.—(1) Regulation 48A of the Housing Benefit Regulations(1) (full-time students to be treated as not liable to make payments in respect of a dwelling) shall be amended in accordance with the following provisions of this regulation.

(2) In paragraph (2), after sub-paragraph (b) there shall be inserted the following sub-paragraphs—

“(ba) whose applicable amount would include the disability premium but for his being treated as capable of work by virtue of a determination made in accordance with regulations made under section 171E of the Contributions and Benefits Act;

(bb) who is, or is treated as, incapable of work and has been so incapable, or has been so treated as incapable, of work in accordance with the provisions of, and regulations made under, Part XIIA of the Contributions and Benefits Act (incapacity for work) for a continuous period of not less than 196 days; and for this purpose any two or more separate periods separated by a break of not more then 56 days shall be treated as one continuous period;”.

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

“(2A) For the purpose of paragraph (2), once paragraph (2)(bb) applies to a full-time student, if he then ceases, for a period of 56 days or less, to be incapable, or to be treated as incapable, of work that paragraph shall, on his again becoming so incapable, or so treated as incapable, of work at the end of that period, immediately thereafter apply to him for so long as he remains incapable, or is treated as remaining incapable, of work.”.

(1)

Regulation 48A was inserted by S.I. 1990/1549, and amended by S.I. 1990/1657, 1991/235 and 1992/432.