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

Amendment of regulation 35 of the General Regulations

9.  In regulation 35 of the General Regulations (notional income)—

(a) for paragraph (3) there shall be substituted the following paragraph—

“(3) Any payment of income, other than a payment of income made under the Macfarlane Trust or the Independent Living Fund, made—

(a) to a third party in respect of a single claimant or in respect of a member of the family (but not a member of the third party’s family) shall be treated as possessed by that single claimant or by that member to the extent that it is used for the food, ordinary clothing or footwear, household fuel, eligible rent or rates or both, of that single claimant or, as the case may be, of any member of that family;

(b) to a single claimant or a member of the family in respect of a third party (but not in respect of another member of that family) shall be treated as possessed by that single claimant or, as the case may be, that member of the family to the extent that it is kept or used by him or used by or on behalf of any member of the family.”;

(b) after paragraph (7) there shall be added the following paragraph—

“(8) In paragraph (3) the expression “ordinary clothing or footwear” means clothing or footwear for normal daily use, but does not include school uniforms, or clothing or footwear used solely for sporting activities.”.