PART 6Income and capital
Modification of the ActI218
Section 132(1) of the Act shall apply for the purposes of these Regulations as it applies for the purposes of the Housing Benefit Regulations with the following modification as if for “an income-related benefit” there were substituted “rate relief”.
Modification of Part VI and Schedules 5, 6 and 7I319
1
Part VI of the Housing Benefit Regulations (income and capital) shall apply for the purposes of these Regulations as it applies for the purposes of the Housing Benefit Regulations with the following modifications—
a
as if after “this Part” wherever it occurs there were inserted “of the Housing Benefit Regulations as applied with modifications for the purposes of these Regulations by regulation 19”;
b
as if for “housing benefit”, wherever it occurs, there were substituted “rate relief”;
c
as if for “benefit week” and “benefit weeks”, wherever they occur except in regulation 47(4)(b) and (c), there were substituted “rate relief week” and “rate relief weeks” respectively;
d
as if for “dwelling”, wherever it occurs, there were substituted “hereditament”;
e
as if in regulation 22(1) for “section 132(1) of the Act” there were substituted “regulation 18 of these Regulations”;
f
as if in regulation 24—
i
in paragraph (1)—
aa
bb
for “section 129(1)(c) of the Act (conditions of entitlement to housing benefit)” there were substituted “regulation 7 of these Regulations (entitlement to rate relief)”;
cc
in sub-paragraph (a) after “Part VII” there were inserted “of the Housing Benefit Regulations as applied with modifications for the purposes of these Regulations by regulation 21”;
dd
in sub-paragraph (b) after “regulation 49” there were inserted “of the Housing Benefit Regulations as applied with modifications for the purposes of these Regulations by regulation 19”;
ee
in sub-paragraph (c) after “regulation 25” there were inserted “of the Housing Benefit Regulations as applied with modifications for the purposes of these Regulations by regulation 19”;
ii
in paragraph (4) after “regulation 38” and “regulation 39” there were inserted “of the Housing Benefit Regulations as applied with modifications for the purposes of these Regulations by regulation 19”;
g
as if in regulation 25(11)(a)(ii) after “Schedule 4” there were inserted “to the Housing Benefit Regulations as applied with modifications for the purposes of these Regulations by regulation 17”;
h
as if in regulation 28(1) after “Schedule 6” there were inserted “to the Housing Benefit Regulations as applied with modifications for the purposes of these Regulations by regulation 19”;
i
as if in regulation 30—
i
in paragraph (1) after “regulations 26 and 29” there were inserted “of the Housing Benefit Regulations as applied with modifications for the purposes of these Regulations by regulation 19”;
ii
in paragraph (2) after “regulation 27” there were inserted “of the Housing Benefit Regulations as applied with modifications for the purposes of these Regulations by regulation 19”;
j
as if in regulation 33—
i
in paragraph (1) after “regulation 26” there were inserted “of the Housing Benefit Regulations as applied with modifications for the purposes of these Regulations by regulation 19”;
ii
in paragraph (2) after “Schedule 5” there were inserted “to the Housing Benefit Regulations as applied with modifications for the purposes of these Regulations by regulation 19”;
iii
in paragraph (6) after “regulation 26(2)(b)” there were inserted “of the Housing Benefit Regulations as applied with modifications for the purposes of these Regulations by regulation 19”;
k
as if in regulation 34(2) after “Schedule 6” there were inserted “to the Housing Benefit Regulations as applied with modifications for the purposes of these Regulations by regulation 19”;
l
as if in regulation 35—
i
in paragraph (1) after “regulation 27” there were inserted “of the Housing Benefit Regulations as applied with modifications for the purposes of these Regulations by regulation 19”;
ii
in paragraphs (1)(b)(i), (3)(b) and (9)(a) after “regulation 36” there were inserted “of the Housing Benefit Regulations as applied with modifications for the purposes of these Regulations by regulation 19”;
iii
in paragraph (2) after “Schedule 5” there were inserted “to the Housing Benefit Regulations as applied with modifications for the purposes of these Regulations by regulation 19”;
m
as if in regulation 36—
i
in paragraph (1) after “(9)(a)(i)” there were inserted “of the Housing Benefit Regulations as applied with modifications for the purposes of these Regulations by regulation 19”;
ii
in paragraph (2) after “(9)(a)(ii)” there were inserted “of the Housing Benefit Regulations as applied with modifications for the purposes of these Regulations by regulation 19”;
n
as if in regulation 37—
i
in paragraph (1) after “regulation 28” and “regulation 38” there were inserted “of the Housing Benefit Regulations as applied with modifications for the purposes of these Regulations by regulation 19”;
ii
in paragraph (2) after “Schedule 6” there were inserted “to the Housing Benefit Regulations as applied with modifications for the purposes of these Regulations by regulation 19”;
iii
in paragraph (6) after “regulation 61(5)” and “regulation 61(2)” there were inserted “of the Housing Benefit Regulations as applied with modifications for the purposes of these Regulations by regulation 21”;
iv
in paragraph (7) after “Part VII” and “regulation 56(7)” there were inserted “of the Housing Benefit Regulations as applied with modifications for the purposes of these Regulations by regulation 21”;
v
in paragraph (8) after “regulation 32(2)” there were inserted “of the Housing Benefit Regulations as applied with modifications for the purposes of these Regulations by regulation 19”;
o
as if in regulation 39—
i
in paragraph (1) for “that benefit” there were substituted “rate relief”;
ii
in paragraph (8) —
aa
“(other than housing benefit)” were omitted;
bb
in sub-paragraph (a) “rent or, as the case may be,” were omitted and for “regulation 78(2)(b) or (c) or, as the case maybe, (3)(b) or (c)” there were substituted “regulation 78(3)(b) or (c) of the Housing Benefit Regulations as applied with modifications for the purposes of these Regulations by regulation 24”;
iii
in paragraph (12) after “regulation 33(3)” there were inserted “of the Housing Benefit Regulations as applied with modifications for the purposes of these Regulations by regulation 19”;
iv
in paragraph (14) after “regulation 72” there were inserted “of the Housing Benefit Regulations as applied with modifications for the purposes of these Regulations by regulation 22”;
p
as if in regulations 39(2)(d), 41(2), 43(4), 46(2)(c) and (e) after “Schedule 7” there were inserted “to the Housing Benefit Regulations as applied with modifications for the purposes of these Regulations by regulation 19”;
q
as if for regulation 40 there were substituted—
40
1
A person shall not be entitled to rate relief if his capital exceeds the prescribed amount.
2
For the purposes of paragraph (1) the prescribed amount is £16,000.
r
as if in regulation 41(1)—
i
for “Part VII of the Act (income related benefits) as it applies to housing benefit” there were substituted “these Regulations”;
ii
after “regulation 43” there were inserted “of the Housing Benefit Regulations as applied with modifications for the purposes of these Regulations by regulation 19”;
s
as if in regulation 43(3) after “regulation 32(1)(d)” there were inserted “of the Housing Benefit Regulations as applied with modifications for the purposes of these Regulations by regulation 19”;
t
as if in regulation 46—
i
in paragraph (1)—
aa
for “that benefit” there were substituted “rate relief”;
bb
after “regulation 47” there were inserted “of the Housing Benefit Regulations as applied with modifications for the purposes of these Regulations by regulation 19”;
ii
in paragraph (5) after “regulation 41” there were inserted “of the Housing Benefit Regulations as applied with modifications for the purposes of these Regulations by regulation 19”;
iii
in paragraph (8) after “regulation 72” there were inserted “of the Housing Benefit Regulations as applied with modifications for the purposes of these Regulations by regulation 22”;
u
as if in regulation 47—
i
in paragraphs (1), (2)(b), (4)(a), (6)(a)(i) and (b) and (8) after “regulation 46(1)” there were inserted “of the Housing Benefit Regulations as applied with modifications for the purposes of these Regulations by regulation 19”;
ii
in paragraph (3) after sub-paragraph (c) for “.” there were substituted “; and” and—
d
where the claimant has also claimed housing benefit, the amount of housing benefit to which he would have been entitled in respect of the rate relief week to which paragraph (2) refers but for the application of regulation 46(1) of the Housing Benefit Regulations (notional capital).
iii
in paragraph (4)—
aa
in sub-paragraph (a) after “regulation 78(4)(a)” there were inserted “of the Housing Benefit Regulations applied with modifications for the purposes of these Regulations by regulation 24”;
bb
after sub-paragraph (c) for “.” there were substituted “; and” and—
d
if the claimant would, but for regulation 46(1) of the Housing Benefit Regulations, have been entitled to housing benefit in respect of the benefit week, within the meaning of regulation 2(1) of those Regulations (interpretation), which includes the last day of the relevant week, the amount to which he would have been entitled and, for the purposes of this sub-paragraph, if the amount is in respect of a part-week, that amount shall be determined by dividing the amount of the Housing Benefit to which he would have been entitled by the number equal to the number of days in the part-week and multiplying the quotient so obtained by 7.
v
as if in regulation 48(1) after “regulation 46(5)” there were inserted “of the Housing Benefit Regulations as applied with modifications for the purposes of these Regulations by regulation 19”;
w
as if regulation 49—
i
paragraph (3)(b) were omitted;
ii
in paragraph (4) after “or (17)” there were inserted “of the Housing Benefit Regulations as applied with modifications for the purposes of these Regulations by regulation 11”;
iii
in paragraph (6) after “regulation 43” there were inserted “of the Housing Benefit Regulations as applied with modifications for the purposes of these Regulations by regulation 19”.
2
Schedule 5 to the Housing Benefit Regulations (sums to be disregarded in the calculation of earnings) shall apply for the purposes of these Regulations as it applies for the purposes of the Housing Benefit Regulations with the following modifications—
a
as if for “housing benefit”, wherever it occurs there were substituted “rate relief”;
b
as if in paragraphs 1(b) and (c) after “(j)”, “(h)”, “(j)” and “(i)” there were inserted “of the Housing Benefit Regulations as applied with modifications for the purposes of these Regulations by regulation 19”;
c
as if in paragraphs 2(i) and (ii) after “(e)”, “(j)” and “(i)” there were inserted “of the Housing Benefit Regulations as applied with modifications for the purposes of these Regulations by regulation 19”;
d
as if—
i
in paragraphs 3(1), 7 and 8(1) after “regulation 22”;
ii
in paragraph 17(3)(b) after “regulation 24(1)(c) ”,
there were inserted “of the Housing Benefit Regulations as applied with modifications for the purposes of these Regulations by regulation 19”;
e
as if in paragraphs 3(2), (3)(a) and (4)(a), 5(1) and 17(2)(b)(ii)(bb) and (iv)(aa) after “Schedule 4” there were inserted “to the Housing Benefit Regulations as applied with modifications for the purposes of these Regulations by regulation 17”;
f
as if in paragraph 11 after “Schedule 6” there were inserted “to the Housing Benefit Regulations as applied with modifications for the purposes of these Regulations by regulation 19”;
g
as if in paragraph 17(4) after “regulation 6” there were inserted “of the Housing Benefit Regulations as applied with modifications for the purposes of these Regulations by regulation 3”.
3
Schedule 6 to the Housing Benefit Regulations (sums to be disregarded in the calculation of income other than earnings) shall apply for the purposes of these Regulations as it applies for the purposes of the Housing Benefit Regulations with the following modifications—
a
as if for “housing benefit”, wherever it occurs except in paragraph 38, there were substituted “rate relief”;
b
as if for “dwelling”, wherever it occurs, there were substituted “hereditament”;
c
as if—
i
in paragraph 1 after “regulation 37”;
ii
in paragraph 2 after “regulation 39(9)”,
there were inserted “of the Housing Benefit Regulations as applied with modifications for the purposes of these Regulations by regulation 19”;
d
as if in paragraph 13(3) after “regulation 72” there were inserted “of the Housing Benefit Regulations as applied with modifications for the purposes of these Regulations by regulation 22”;
e
as if in paragraph 18—
i
in paragraph (1) after “regulation 48” there were inserted “of the Housing Benefit Regulations as applied with modifications for the purposes of these Regulations by regulation 19”;
ii
in paragraphs (1) and (2) after “Schedule 7” there were inserted “to the Housing Benefit Regulations as applied with modifications for the purposes of these Regulations by regulation 19”;
f
as if in paragraph 24(1) after “regulation 37(8)(b)” there were inserted “of the Housing Benefit Regulations as applied with modifications for the purposes of these Regulations by regulation 19”;
g
as if in paragraph 26(3) after “Schedule 4” there were inserted “to the Housing Benefit Regulations as applied with modifications for the purposes of these Regulations by regulation 17”;
h
as if in paragraph 31 after “regulation 43” there were inserted “of the Housing Benefit Regulations as applied with modifications for the purposes of these Regulations by regulation 19”;
i
as if in paragraph 35—
i
after “regulation 22(2)” there were inserted “of the Housing Benefit Regulations as applied with modifications for the purposes of these Regulations by regulation 19”;
ii
after “63(3)” there were inserted “of the Housing Benefit Regulations as applied with modifications for the purposes of these Regulations by regulation 21”;
j
as if in paragraph 38 for “Department” there were substituted “Department for Social Development”;
k
as if after paragraph 38 there were inserted—
38A
Any payment made under arrangements made by the Department to compensate for the loss (in whole or in part) of entitlement to rate relief.
l
as if in paragraph 61(3) after “regulation 72” there were inserted “of the Housing Benefit Regulations as applied with modifications for the purposes of these Regulations by regulation 22”.
4
Schedule 7 to the Housing Benefit Regulations (capital to be disregarded) shall apply for the purposes of these Regulations as they apply for the purposes of the Housing Benefit Regulations with the following modifications—
a
as if for “housing benefit”, wherever it occurs except in paragraph 30, there were substituted “rate relief”;
b
as if for “dwelling”, wherever it occurs, there were substituted “hereditament”;
c
as if in paragraph 1 after “regulation 22” there were inserted “of the Housing Benefit Regulations as applied with modifications for the purposes of these Regulations by regulation 19”;
d
as if in paragraphs 9(1)(a) and 17 after “Schedule 6” there were inserted “to the Housing Benefit Regulations as applied with modifications for the purposes of these Regulations by regulation 19”;
e
as if in paragraph 12 for “that benefit” there were substituted “that rate relief”;
f
g
as if in paragraph 49(3) after “regulation 72” there were inserted “of the Housing Benefit Regulations as applied with modifications for the purposes of these Regulations by regulation 22”.
Notional entitlement to housing benefitI120
Where a person has not made a claim for housing benefit, the relevant authority shall assess what the amount of his entitlement to housing benefit in the form of a rate rebate (“notional amount”) would be were he to make such a claim and an amount equivalent to that notional amount shall be taken into account in full as housing benefit when assessing entitlement to rate relief in accordance with regulation 23 (calculation of weekly amount of rate relief).