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7.—(1) Regulation 51 of the Housing Benefit Regulations(1)(student’s eligible rent) shall be amended in accordance with the following provisions of this regulation.
(2) In sub-paragraph (c) of paragraph (2)—
(a)the word “either”shall be omitted;
(b)at the end of the sub-paragraph there shall be inserted the following heads—
“(iii)his 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; or
(iv)he is, or is treated as, incapable of work and has been so incapable, or has been so treated as incapable, or 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 than 56 days shall be treated as one continuous period;”.
(3) At the end there shall be added the following paragraph—
“(3) For the purposes of paragraph (2), once paragraph (2)(c)(iv) applies to a 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.”.
Regulation 51 was amended by S.I. 1991/235, 387 and 1993/1540.
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