The Social Security (Income and Capital Disregards) (Amendment) Regulations 2023

Amendment of the Housing Benefit Regulations 2006

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

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

(a) for the definition of “Grenfell Tower payment” substitute—

““Grenfell Tower payment” means a payment made for the purpose of providing compensation or support in respect of the fire on 14th June 2017 at Grenfell Tower;”;

(b) at the appropriate places insert—

““the Horizon system” means any version of the computer system used by the Post Office known as Horizon, Horizon Legacy, Horizon Online or HNG-X;”;”

““the Post Office” means Post Office Limited (registered number 02154540);”;”

““Post Office compensation payment” means a payment made by the Post Office or the Secretary of State for the purpose of providing compensation or support which is—

(a)

in connection with the failings of the Horizon system; or

(b)

otherwise payable following the judgment in Bates and Others v Post Office Limited ((No. 3) “Common Issues”)(2);”;”

““vaccine damage payment” means  a payment made under the Vaccine Damage Payments Act 1979;”;

(c) in the definition of “qualifying person”, for “or a Windrush payment” substitute “, a Windrush payment, a Post Office compensation payment or a vaccine damage payment”.

(3) In regulation 42(7A) (notional income), after sub-paragraph (c) insert—

“(d) a Post Office compensation payment.”.

(4) In regulation 46(6) (income treated as capital), after “a Windrush payment” insert “, a Post Office compensation payment”.

(5) In regulation 49(4A) (notional capital), after sub-paragraph (c) insert—

“(d) a Post Office compensation payment;

(e) a vaccine damage payment.”.

(6) In regulation 74(9) (non-dependant deductions), after sub-paragraph (bc) insert—

“(bd) any Post Office compensation payment;”.

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

(a) in sub-paragraph (1A), after paragraph (c) insert—

“(d) Post Office compensation payment.”;

(b) in each of sub-paragraphs (2) to (6), for “or a Windrush payment” substitute “, a Windrush payment, a Post Office compensation payment or a vaccine damage payment”.

(8) In Schedule 6 (capital to be disregarded), in paragraph 24—

(a) in sub-paragraph (1A), after “Windrush payment” insert “, Post Office compensation payment or vaccine damage payment”;

(b) in each of sub-paragraphs (2) to (6), for “or a Windrush payment” substitute “, a Windrush payment, a Post Office compensation payment or a vaccine damage payment”.

(1)

S.I. 2006/213. Relevant amending instruments are S.I. 2020/618 and 2021/1405.

(2)

[2019] EWHC 606 (QB).