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

Amendment of Schedule 5 to the General Regulations

21.  In Schedule 5 to the General Regulations (capital to be disregarded)—

(a) in paragraph 2 after the words “intends to occupy” there shall be inserted the words “as his home”;

(b) for paragraph 4 there shall be substituted the following paragraph—

“4.   Any premises occupied in whole or in part—

(a) by a partner or relative of any member of the family where that person is either aged 60 or over or incapacitated;

(b) by the former partner of the claimant as his home; but this provision shall not apply where the former partner is a person from whom the claimant is estranged or divorced.”;

(c) for paragraph 26 there shall be substituted the following paragraph—

“26.   Any premises which the claimant intends to occupy as his home, and in respect of which he is taking steps to obtain possession and has sought legal advice, or has commenced legal proceedings, with a view to obtaining possession, for a period of 26 weeks from the date on which he first sought such advice or first commenced such proceedings whichever is the earlier, or such longer period as is reasonable in the circumstances to enable him to obtain possession and commence occupation of those premises.”;

(d) after paragraph 28 there shall be added the following paragraphs—

“29.   Any payment made by the Secretary of State to compensate for the loss of housing benefit supplement under regulation 19 of the Supplementary Benefit (Requirements) Regulations 1983.

30.   The value of the right to receive an occupational pension.

31.   The value of the right to receive any rent.

32.   Any payment in kind made by a charity.

33.   Any payment not exceeding £200 made under section 2 of the Employment and Training Act 1973(1) (functions of the Secretary of State) as a training bonus to a person participating in an arrangement for training made under that section, but only for a period of 52 weeks from the date of the receipt of that payment.

34.   Any housing benefit in the form of a community charge rebate.”.

(1)

1973 c. 50; section 2 was substituted by the Employment Act 1988 (c. 19), section 25.