The Employment and Support Allowance (Miscellaneous Amendments and Transitional and Savings Provision) Regulations 2017

Amendments to the Housing Benefit Regulations 2006

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

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

(a) in the definition for “main phase employment and support allowance” after “Welfare Reform Act” insert “or the claimant is a member of the work-related activity group, ”;

(b) in the definition for “member of the work-related activity group” for “claimant” substitute “person”.

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

(a) omit “23 or”;

(b) after “of that Schedule” insert “or the claimant or the claimant’s partner is a member of the work-related activity group”.

(4) In paragraph (8)(a) of regulation 74 (non-dependant deductions) for “or where the non-dependant is not a member of the work-related activity group” substitute “and where the non-dependant is not a member of the work-related activity group”.

(5) In paragraph 1A(a) of Schedule 3 (applicable amounts) after “personally” insert “or the claimant is personally a member of the work-related activity group”.

(6) In paragraph 17(2)(b)(iv)(bb) of Schedule 4 (sums to be disregarded in the calculation of earnings) omit “and is engaged in remunerative work for on average not less than 16 hours per week”.

(1)

S.I. 2006/213; relevant amending instruments are S.I. 2008/1042, 2008/1082, 2009/583, 2010/1907, 2013/443, 2013/630 and 2017/204.