The Social Security (Miscellaneous Amendments) (No. 4) Regulations 2006

Amendment of the Housing Benefit Regulations 2006

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

(2) In regulation 46(4) (income treated as capital) for “or 25 to 28” substitute “, 25 to 28, 45 or 46”.

(3) In regulation 62 (relationship with amounts to be disregarded under Schedule 5)(1) omit from “and any other income” to the end of the regulation.

(4) In regulation 80(4)(a) (calculation of weekly amounts)(2) for “regulation 76(2)” substitute “regulation 76(2) or (3)”.

(5) In paragraphs 11(4) and 13(8) of Schedule 3 (applicable amounts) for “52 weeks” in each place that it appears substitute “104 weeks”.

(6) In paragraph 26 of Schedule 5 (sums to be disregarded in the calculation of income other than earnings) for the words from “care authority” to the end of the paragraph substitute “local authority under regulation 9 of the Fostering of Children (Scotland) Regulations 1996 (payment of allowances)”.

(7) In Schedule 6 (capital to be disregarded)—

(a) in paragraph 14, after “claimant” insert “or the claimant’s partner”;

(b) after paragraph 14 insert—

“14A.— (1) Any payment made to the claimant or the claimant’s partner in consequence of any personal injury to the claimant or, as the case may be, the claimant’s partner.

(2) But sub-paragraph (1)—

(a) applies only for the period of 52 weeks beginning with the day on which the claimant first receives any payment in consequence of that personal injury;

(b) does not apply to any subsequent payment made to him in consequence of that injury (whether it is made by the same person or another);

(c) ceases to apply to the payment or any part of the payment from the day on which the claimant no longer possesses it;

(d) does not apply to any payment from a trust where the funds of the trust are derived from a payment made in consequence of any personal injury to the claimant.

(3) For the purposes of sub-paragraph (2)(c), the circumstances in which a claimant no longer possesses a payment or a part of it include where the claimant has used a payment or part of it to purchase an asset.

(4) References in sub-paragraphs (2) and (3) to the claimant are to be construed as including references to his partner (where applicable).”;

(c) for paragraph 45 substitute—

“45.— (1) Any sum of capital to which sub-paragraph (2) applies and—

(a) which is administered on behalf of a person by the High Court or the County Court under Rule 21.11(1) of the Civil Procedure Rules 1998 or by the Court of Protection;

(b) which can only be disposed of by order or direction of any such court; or

(c) where the person concerned is under the age of 18, which can only be disposed of by order or direction prior to that person attaining age 18.

(2) This sub-paragraph applies to a sum of capital which is derived from—

(a) an award of damages for a personal injury to that person; or

(b) compensation for the death of one or both parents where the person concerned is under the age of 18.”.

(1)

Regulation 62 was amended by S.I. 2006/1752.

(2)

Paragraph (4) was substituted by S.I. 2005/2502 as amended by S.I. 2006/217.