The Housing Benefit (General) Amendment Regulations 1989

Amendment of Schedule 3 to the General Regulations

8.  For paragraph 3 of Schedule 3 to the General Regulations (sums to be disregarded in the calculation of earnings) there shall be substituted the following paragraph –

“3.— (1) In a case to which this paragraph applies, £15; but notwithstanding regulation 19 (calculation of income and capital of members of a claimant’s family and of a polygamous marriage) if this paragraph applies to a claimant it shall not apply to his partner except where, and to the extent that, the earnings of the claimant which are to be disregarded under this paragraph are less than £15.

(2) This paragraph applies where the claimant’s applicable amount includes an amount by way of the disability premium or severe disability premium under Schedule 2 (applicable amounts).

(3) This paragraph applies where –

(a) the claimant is a member of a couple and his applicable amount would, but for the higher pensioner premium under Schedule 2 being applicable, include an amount by way of the disability premium under that Schedule; and

(b) he or his partner is under the age of 60 and at least one is engaged in employment.

(4) This paragraph applies where –

(a) the claimant’s applicable amount includes an amount by way of the higher pensioner premium under Schedule 2; and

(b) the claimant or, if he is a member of a couple, either he or his partner has attained the age of 60; and

(c) immediately before attaining that age he or, as the case may be, he or his partner was engaged in employment and the claimant was entitled by virtue of sub-paragraph (2) to a disregard of £15; and

(d) he or, if he is a member of a couple, he or his partner has continued in employment.

(5) This paragraph applies where –

(a) the claimant is a member of a couple and his applicable amount would include an amount by way of the disability premium under that Schedule, but for –

(i) the pensioner premium for persons aged 75 and over under Schedule 2 being applicable; or

(ii) the higher pensioner premium under that Schedule being applicable; and

(b) he or his partner has attained the age of 75 but is under the age of 80 and the other is under the age of 60 and at least one member of the couple is engaged in employment.

(6) This paragraph applies where –

(a) the claimant is a member of a couple and he or his partner has attained the age of 75 but is under the age of 80 and the other has attained the age of 60; and

(b) immediately before the younger member attained that age either member was engaged in employment and the claimant was entitled by virtue of sub-paragraph (5) to a disregard of £15; and

(c) either he or his partner has continued in employment.

(7) For the purposes of this paragraph, no account shall be taken of any period not exceeding eight consecutive weeks occurring on or after the date on which the claimant or, if he is a member of a couple, he or his partner attained the age of 60 during which either or both ceased to be engaged in employment or the claimant ceased to be entitled to income support.”.