The Social Security (Miscellaneous Amendments) (No.2) Regulations 2008

Amendments to the Housing Benefit Regulations

3.—(1) The Housing Benefit Regulations shall be amended as follows.

(2) In regulation 2(1) (interpretation)—

(a) in the definition of “concessionary payment”, omit “or the Child Benefit Act 1975”; and

(b) omit the definition of “person on state pension credit”.

(3) In regulation 7(8)(c)(ii)(1) (circumstances in which a person is or is not to be treated as occupying a dwelling as his home) —

(a) for “Part 3”, substitute “Part 8”; and

(b) omit “9,10,11,”.

(4) In regulation 28 (treatment of child care charges)—

(a) for paragraph (11)(a), substitute “the claimant’s applicable amount includes a disability premium on account of the other member’s incapacity;”;

(b) in paragraph (11)(b), omit “or a higher pensioner premium”; and

(c) in paragraph (11)(g), for “Department of Health and Social Services for Northern Ireland”, substitute “Department of Health, Social Services and Public Safety in Northern Ireland”.

(5) In regulation 42(2) (notional income), omit paragraphs (3) to (5).

(6) In regulation 53(1) (students – interpretation)—

(a) in the definition of “grant” for “paragraph 54”, substitute “paragraph 51”;

(b) for the definition of “sandwich course” substitute—

““sandwich course” has the meaning prescribed in regulation 2(9) of the Education (Student Support) Regulations 2008(3), regulation 4(2) of the Education (Student Loans) (Scotland) Regulations 2007(4) or regulation 2(8) of the Education (Student Support) Regulations (Northern Ireland) 2007(5), as the case may be;”; and

(c) in the definition of “student loan” for “Students’ Allowances (Scotland) Regulations 1999”, substitute “Students’ Allowances (Scotland) Regulations 2007(6)”.

(7) In regulation 56 (full-time students to be treated as not liable to make payments in respect of a dwelling)—

(a) in sub-paragraph (2)(c) omit “pensioner premium for persons under 75 or, as the case may be, persons 75 or over, higher pensioner premium,”;

(b) for sub-paragraph (2)(i)(ii), substitute—

“(ii) an allowance or, as the case may be, bursary has been granted which includes a sum under paragraph (1)(d) of regulation 4 of the Students’ Allowances (Scotland) Regulations 2007 or, as the case may be, under paragraph (1)(d) of regulation 4 of the Education Authority Bursaries (Scotland) Regulations 2007(7), in respect of expenses incurred; or”;

(c) in sub-paragraph (2)(i)(iv) for “regulation 13 of the Education (Student Support) Regulations 2005”, substitute “regulation 37 of the Education (Student Support) Regulations 2008”, and for “regulation 13 of the Education (Student Support) Regulations (Northern Ireland) 2000”, substitute “regulation 39 of the Education (Student Support) Regulations (Northern Ireland) 2007”;

(d) in sub-paragraph (2)(i)(v) for “Student Awards Regulations (Northern Ireland) 1999”, substitute “Students Awards Regulations (Northern Ireland) 2003(8)”; and

(e) in paragraph (4), omit “refers”.

(8) In regulation 63(2) (other amounts to be disregarded) for “Students’ Allowance (Scotland) Regulations 1999”, substitute “Students’ Allowances (Scotland) Regulations 2007”.

(9) In regulation 88(3)(d) (duty to notify changes of circumstances), after “income support” where it first occurs, insert “or income-based jobseeker’s allowance”.

(10) In Schedule 3(9) (applicable amounts)—

(a) in paragraph 3(3)(a) and (b), for “sub-paragraph (a) of this paragraph”, substitute “sub-paragraph (1)(a)”;

(b) in paragraph 3(4)(e), omit “9, 10, 11 or”;

(c) for paragraph 6, substitute—

“6.   - The following premiums, namely—

(a) a severe disability premium to which paragraph 14 applies;

(b) an enhanced disability premium to which paragraph 15 applies;

(c) a disabled child premium to which paragraph 16 applies; and

(d) a carer premium to which paragraph 17 applies,

may be applicable in addition to any other premium which may apply under this     Schedule.”;

(d) omit paragraphs 9, 10 and 11;

(e) in paragraph 13 omit from the heading “Higher Pensioner and Disability Premiums” and substitute “Disability Premium”;

(f) in paragraph 13(3), omit “the higher pensioner premium or”;

(g) omit paragraph 13(4);

(h) in paragraph 13(8) for “within the meaning of paragraph 11(5)”, substitute “(a person to whom regulation 13A(1) of the Social Security (Incapacity for Work) (General) Regulations 1995 applies, and who again becomes incapable of work for the purposes of Part 12A of the Act)”; and

(i) in paragraph 20, omit sub-paragraphs (2), (3) and (4).

(11) In Schedule 4 (sums to be disregarded in the calculation of earnings)—

(a) for paragraph 3(3)(a), substitute “the claimant is a member of a couple and his applicable amount includes an amount by way of the disability premium under Schedule 3; and”;

(b) omit paragraph 3(4) and (5);

(c) in paragraph 9—

(i) for “one of more employments”, substitute “one or more employments”; and

(ii) for “paragraph 6”, substitute “paragraph 8”;

(d) in paragraph 17(2)(b)(iv)(aa) omit “a higher pensioner premium or”, “11 or” and “respectively”;

(e) in paragraph 17(2)(b)(iv)(bb) omit “higher pensioner premium or”; and

(f) in paragraph 17(3)(b) for “regulation 28(1)(c)”, substitute “regulation 27(1)(c)”.

(12) In Schedule 5 (sums to be disregarded in the calculation of income other than earnings)—

(a) for paragraph 15(b), substitute “a war widow’s pension or any corresponding pension payable to a widower or surviving civil partner;”;

(b) omit paragraph 18;

(c) in paragraph 25(1)(a) before “with a scheme”, insert “in accordance”;

(d) in paragraph 44(1)(a) for “or 12” substitute “or 11” and after “Regulations”, insert “2003”;

(e) in paragraph 44(1)(b) for “3, 5 and 8” substitute “5, 6 and 10” and for “National Health Service (Travelling Expenses and Remission of Charges) Regulations 1988” substitute “National Health Service (Travelling Expenses and Remission of Charges) (Wales) Regulations 2007”;

(f) in paragraph 44(1)(c) for “or 8” substitute “or 11” and after “(Scotland)” insert “(No. 2)”;

(g) in paragraph 45 omit “8,”; and

(h) for paragraph 47, substitute—

“47.— (1) Where a claimant’s applicable amount includes an amount by way of family premium, £15 of any payment of maintenance, other than child maintenance, whether under a court order or not, which is made or due to be made by the claimant’s former partner, or the claimant’s partner’s former partner.

(2) For the purpose of sub-paragraph (1) where more than one maintenance payment falls to be taken into account in any week, all such payments shall be aggregated and treated as if they were a single payment.

(3) A payment made by the Secretary of State in lieu of maintenance shall, for the purposes of sub-paragraph (1), be treated as a payment of maintenance made by a person specified in sub-paragraph (1).

47A.— (1) Any payment of child maintenance which is made by the parent of the child or young person except where the person making the payment is the claimant or the claimant’s partner.

(2) In this paragraph, “child maintenance” means any payment towards the maintenance of a child or young person, including any payment made voluntarily and payments made through or under—

(a) the Child Support Act 1991;(10)

(b) the Child Support (Northern Ireland) Order 1991;(11)

(c) a court order (including a consent order);

(d) a minute of agreement as registered for execution in the Books of Council and Session or the sheriff court books;

and for this purpose a “young person” is a person referred to in regulation 19 (persons of a prescribed description).

(3) For the purpose of sub-paragraph (1) where more than one maintenance payment falls to be taken into account in any week, all such payments shall be aggregated and treated as if they were a single payment.

(4) A payment made by the Secretary of State in lieu of maintenance shall, for the purposes of sub-paragraph (1), be treated as a payment of maintenance made by a person specified in sub-paragraph (1).”.

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

(a) in paragraph 16 for “paragraph 11 of Schedule 4”, substitute “paragraph 13 of Schedule 4”;

(b) in paragraph 40(1)(a) for “or 12” substitute “or 11” and after “Regulations”, insert “2003”;

(c) in paragraph 40(1)(b) for “3, 5 or 8” substitute “5, 6 or 10” and for “National Health Service (Travelling Expenses and Remission of Charges) Regulations 1988” substitute “National Health Service (Travelling Expenses and Remission of Charges) (Wales) Regulations 2007”;

(d) in paragraph 40 (1)(c) for “or 8” substitute “or 11”, and after “(Scotland)” insert “(No. 2)”;

(e) in paragraph 41 omit “8,”;

(f) in paragraph 43 after “Disabled Persons (Employment) Act 1944” omit “or”; and

(g) in paragraph 55(1)(b) for “time”, substitute “date”.

(1)

Regulation 7(8) was amended by S.I. 2007/2618.

(2)

A relevant amending instrument is S.I. 2007/1749.

(3)

S.I. 2008/529.

(4)

S.S.I. 2007/154.

(5)

S.R. (NI) 2007 No. 195.

(6)

S.S.I. 2007/153.

(7)

S.S.I. 2007/149.

(8)

S.R.(NI) 2003 No. 459.

(9)

Relevant amending instruments are S.I. 2006/2378, S.I. 2007/688 and S.I. 2008/632.

(10)

1991 (c.48)

(11)

S.R. (NI) 1991 No. 23.