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

Amendment of the Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 2006

6.—(1) The Housing Benefit (Persons who have attained the qualifying age for state pension credit) 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 paragraph (10) of regulation 55 (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;”.

(4) In Part 1 of Schedule 6 (capital to be disregarded)—

(a) in paragraph 16—

(i) in sub-paragraph (1)(a), 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 “which derives from a payment made under or by any of the Trusts” insert “, or from a Grenfell Tower payment,”;

(iv) in sub-paragraphs (4) and (5), after “which derives from a payment under or by any of the Trusts,” insert “or from a Grenfell Tower payment,”;

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

(b) in paragraph 21—

(i) in sub-paragraph (1)(f), for “provision.” substitute—

“provision;

(g) 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, being an amount to which paragraph 22(1A) does not apply.”;

(ii) after sub-paragraph (2), insert—

“(3) In 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.”;

(c) in paragraph 22—

(i) after sub-paragraph (1), insert—

“(1A) Subject to sub-paragraph (3), any payment of £5,000 or more received by the claimant in full on or after the day on which the claimant became entitled to benefit under these Regulations or the Housing Benefit Regulations 2006 which has been 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.

(1B) In sub-paragraph (1) “contributory employment and support allowance” has the meaning in paragraph 21(3) of this Schedule.”;

(ii) in sub-paragraph (2)—

(aa) in paragraph (c) after “paragraph 9(2)” insert “or 9A”;

(bb) after paragraph (f), insert—

“(g) regulations 10A to 10C of the Universal Credit (Transitional Provisions) Regulations 2014,”;

(iii) in sub-paragraph (3), for “(1) or (2)” substitute “(1), (1A) or (2)”.

(1)

S.I. 2006/214; relevant amending instruments are S.I. 2007/2869, 2008/1042 and 2767, 2010/641, 2011/2425, 2013/443 and 2536 and 2017/329, 689 and 870.