The Social Security (Income and Capital) (Miscellaneous Amendments) Regulations 2020

Amendment of 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 appropriate places insert—

““Grenfell Tower payment” means a payment made to a person because that person was affected by the fire on 14th June 2017 at Grenfell Tower, or a payment to the personal representative of such a person—

(a)

from the £5 million fund announced on 16th June 2017 for the benefit of certain persons affected by the fire on 14th June 2017 at Grenfell Tower and known as the Grenfell Tower Residents’ Discretionary Fund;

(b)

by the Royal Borough of Kensington and Chelsea; or

(c)

by a registered charity;”;

““the National Emergencies Trust” means the registered charity of that name (number 1182809) established on 28th March 2019;”;

(b) in the definition of “qualifying person”—

(i) after “means a person in respect of whom” insert “a Grenfell Tower payment has been made or”;

(ii) after “the We Love Manchester Emergency Fund” insert “, the National Emergencies Trust”.

(3) In regulation 42 (notional income)—

(a) in paragraph (6), for “paragraph (7)” substitute “paragraph (7) or (7A)”;

(b) in paragraph (7)(a), after “the We Love Manchester Emergency Fund” insert “, the National Emergencies Trust”;

(c) after paragraph (7), insert—

“(7A) Paragraph (6) shall not apply in respect of a payment of income which is a Grenfell Tower payment.”.

(4) In paragraph (6) of regulation 46 (income treated as capital)—

(a) for “other than a payment which” substitute “other than a Grenfell Tower payment or a payment which”;

(b) after “the We Love Manchester Emergency Fund” insert “, the National Emergencies Trust”.

(5) In regulation 49 (notional capital)—

(a) in paragraph (3), for “paragraph (4)” substitute “paragraph (4) or (4A)”;

(b) in paragraph (4)(a), after “the We Love Manchester Emergency Fund” insert “, the National Emergencies Trust”;

(c) after paragraph (4), insert—

“(4A) Paragraph (3) shall not apply in respect of a payment of capital which is a Grenfell Tower payment.”.

(6) In paragraph (1) of regulation 53 (students: interpretation), for the definition of “postgraduate master’s degree loan” substitute—

““postgraduate loan” means a loan to a student undertaking a postgraduate master’s degree course or a postgraduate doctoral degree course pursuant to regulations made under section 22 of the Teaching and Higher Education Act 1998;”;

(7) In paragraph (3) of regulation 59 (calculation of grant income), omit “master’s degree”, both times it occurs.

(8) In regulation 64 (treatment of student loans and postgraduate master’s degree loans)—

(a) in the heading (and its entry in the table of contents), omit “master’s degree”;

(b) in paragraph (1), omit “master’s degree”;

(c) in paragraph (3), omit “master’s degree”, each time it occurs;

(d) in paragraph (4A), omit “master’s degree”, both times it occurs.

(9) In regulation 67 (further disregard of student income), omit “master’s degree”.

(10) In paragraph (9) of regulation 74 (non-dependant deductions)—

(a) in sub-paragraph (b), after “the We Love Manchester Emergency Fund” insert “, the National Emergencies Trust”;

(b) after sub-paragraph (b), insert—

“(ba) any Grenfell Tower payment;”.

(11) In paragraph 35 of Schedule 5 (sums to be disregarded in the calculation of income other than earnings)—

(a) in sub-paragraph (1), after “the We Love Manchester Emergency Fund” insert “, the National Emergencies Trust”;

(b) after sub-paragraph (1), insert—

“(1A) Any Grenfell Tower payment.”;

(c) in sub-paragraphs (2) and (3), after “Trusts to which sub-paragraph (1) refers” insert “, or from a Grenfell Tower payment,”;

(d) in sub-paragraphs (4) and (5), after “Trusts to which sub-paragraph (1) refers,” insert “or from a Grenfell Tower payment,”;

(e) in sub-paragraph (6), after “or deriving from any of the Trusts” insert “or from a Grenfell Tower payment”;

(f) in sub-paragraph (7), after “the We Love Manchester Emergency Fund” insert “, the National Emergencies Trust”.

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

(a) after paragraph 9, insert—

“9A.— (1) A payment made to rectify, or to compensate for, an error made by an officer of the Department for Work and Pensions which was not caused or materially contributed to by any person outside the Department and which prevented or delayed an assessment of the claimant’s entitlement to contributory employment and support allowance but, subject to sub-paragraph (2), only for a period of 52 weeks from the date of the receipt of the payment.

(2) In a case where the amount of such payment is £5,000 or more, sub-paragraph (1) shall have effect in relation to the payment either for a period of 52 weeks from the date of receipt, or, if the amount is received in its entirety during the award of housing benefit, for the remainder of that award if that is a longer period.

(3) For the purposes of sub-paragraph (1), “contributory employment and support allowance” means an allowance under Part 1 of the Welfare Reform Act as amended by the provisions of Schedule 3, and Part 1 of Schedule 14, to the 2012 Act that remove references to an income-related allowance.

(4) For the purposes of sub-paragraph (2), “the award of housing benefit” has the meaning in paragraph 9(3) of this Schedule except that “the relevant sum” means the payment to be disregarded by this paragraph.”;

(b) in paragraph 24—

(i) in sub-paragraph (1), after “the We Love Manchester Emergency Fund” insert “, the National Emergencies Trust”;

(ii) after sub-paragraph (1), insert—

“(1A) Any Grenfell Tower payment or any payment made by the Child Migrants Trust (registered charity number 1171479) under the scheme for former British child migrants.”;

(iii) in sub-paragraphs (2) and (3), after “Trusts to which sub-paragraph (1) refers” insert “, or from a Grenfell Tower payment,”;

(iv) in sub-paragraphs (4) and (5), after “Trusts to which sub-paragraph (1) refers,” insert “or from a Grenfell Tower payment,”;

(v) in sub-paragraph (6), after “or deriving from any of the Trusts” insert “or from a Grenfell Tower payment”;

(vi) in sub-paragraph (7), after “the We Love Manchester Emergency Fund” insert “, the National Emergencies Trust”;

(c) in paragraph 34, after “Any payment in kind” insert “which is a Grenfell Tower payment or is”.

(1)

S.I. 2006/213, relevant amending instruments are S.I. 2007/2538 and 2868, 2008/2767 and 3157, 2010/641, 2011/2425, 2013/591, 2016/743 and 2017/329, 689 and 870.