The Housing Benefit (General) Amendment No. 4 Regulations 1988

Amendment of Schedule 3 to the General Regulations

19.  In Schedule 3 to the General Regulations (sums to be disregarded in the calculation of earnings)—

(a) for paragraphs 1 and 2 there shall be substituted the following paragraphs—

“1.   In the case of a claimant who has been engaged in remunerative work as an employed earner or, had the employment been in Great Britain, would have been so engaged—

(a) any earnings paid or due to be paid in respect of that employment which has been terminated—

(i) by way of retirement but only if on retirement he is entitled to a retirement pension under the Social Security Act, or would be so entitled if he satisfied the contribution conditions;

(ii) otherwise than by retirement except earnings, to which regulation 28(1)(b) to (e) and (g) to (i) (earnings of employed earners) applies;

(b) any earnings paid or due to be paid in respect of that employment which has been interrupted except earnings to which regulation 28(1)(d) and (e) applies.

2.   In the case of a claimant who has been engaged in part-time employment as an employed earner or had the employment been in Great Britain would have been so engaged before he made a claim for housing benefit, any earnings paid or due to be paid in respect of that employment which has been terminated or interrupted before the claim is made except earnings to which regulation 28(1)(e) applies.”;

(b) in paragraph 3—

(i) in sub-paragraph (1)(b)(ii) for the words “he has attained the age of 60 and immediately before attaining that age” there shall be substituted the words “he or his partner has attained the age of 60 and immediately before attaining that age either”;

(ii) in sub-paragraph (1)(b)(iii) for the words “he has” there shall be substituted the words “either he or his partner has”.