The Social Security (Miscellaneous Amendments) Regulations 2011

Amendments to the Housing Benefit Regulations 2006

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

(2) In paragraph 15 of Schedule 3(2) (enhanced disability premium)—

(a) after sub-paragraph (1) insert–

“(1A) Where the condition in sub-paragraph (1) ceases to be satisfied because of the death of a child or young person, the condition is that the claimant is entitled to child benefit in respect of that person under section 145A of the Act(3) (entitlement to child benefit after death of child or qualifying young person).”; and

(b) in sub-paragraph (2), for “An enhanced disability premium shall not be applicable in respect of” substitute “The condition is not satisfied if the person to whom sub-paragraph (1) refers is”.

(3) In paragraph 16 of Schedule 3 (disabled child premium) for sub-paragraph (c) substitute—

“(c) is a child or young person in respect of whom section 145A of the Act (entitlement to child benefit after death of child or qualifying young person) applies for the purposes of entitlement to child benefit but only for the period prescribed under that section, and in respect of whom a disabled child premium was included in the claimant’s applicable amount immediately before the death of that child or young person, or ceased to be included in the claimant’s applicable amount because of that child or young person’s death.”.

(4) Omit paragraph 48 of Schedule 6 (capital to be disregarded: child maintenance bonus).

(1)

S.I. 2006/213.

(2)

Paragraph 15 was amended by regulation 2(15)(c) of S.I. 2005/2502 (as amended by paragraph 27 of Schedule 2 to S.I. 2006/217). Sub-paragraph (1) was substituted by regulation 23(c) of S.I. 2008/1082 (as amended by regulation 31(b) of S.I. 2008/2428). Paragraph 15 was also amended by regulation 6(8) of S.I. 2008/2767 and regulation 26(3) of S.I. 2009/1488.

(3)

Section 145A was inserted by section 55 of the Tax Credits Act 2002 (c. 21). It has been amended but not in a way material to these Regulations.