The Disability Living Allowance and Disability Working Allowance (Consequential Provisions) Regulations 1991

Amendment of the Housing Benefit Regulations

12.—(1) The Housing Benefit Regulations shall be amended in accordance with the following paragraphs of this regulation.

(2) In regulation 2(1) (interpretation) after the definition of “designated office” there shall be inserted the following definitions–

““disability living allowance” means a disabilty living allowance under section 37ZA of the Social Security Act(1);

“disability working allowance” means a disability working allowance under section 20 of the Act(2);”.

(3) In regulation 105 (recovery of overpayments from prescribed benefits)–

(a) in paragraph (1)(a) for the words “except those specified in paragraph (2)” there shall be substituted the words “except guardian’s allowance”;

(b) in paragraph (1)(b) for the words “or family credit” there shall be substituted the words “, family credit or disability working allowance”;

(c) paragraph (2) shall be omitted.

(4) In Schedule 2 (applicable amounts)–

(a) in paragraph 7(2)(3) at the end after the words “attendance allowance” there shall be added the words “, or the care component of disability living allowance at the highest or middle rate prescribed in accordance with section 37ZB(3) of the Social Security Act”;

(b) in paragraph 12(1)(a)(i)(4) for the words “mobility allowance” there shall be substituted the words “disability living allowance, disability working allow ance”;

(c) in paragraph 12(1)(a), for (ii) there shall be substituted the following–

“(ii) was in receipt of invalidity pension under section 15 of the Social Security Act when entitlement to that benefit ceased on account of the payment of a retirement pension under the Social Security Act and the claimant has since remained continuously entitled to housing benefit and, if the invalidity pension was payable to his partner, the partner is still a member of the family, or”;

(d) in paragraph 12(1)(a)(iii), for the words from “which is no longer in payment” to “Regulations 1975” there shall be substituted the words “or disability living allowance but payment of benefit has been suspended in accordance with regulations made under section 82(6)(b) of the Social Security Act 1975(5)”.

(e) in paragraph 13(2)(a)(i), (b)(i) and (3)(a) after the words “attendance allowance” in each place there shall be inserted the words “, or the care component of disability living allowance at the highest or middle rate prescribed in accordance with section 37ZB(3) of the Social Security Act”;

(f) in paragraph 14(b) for the words “attendance allowance or mobility allowance or both” there shall be substituted the words “disability living allowance”;

(g) in paragraph 14ZA(2)(b)(6) after the words “attendance allowance” there shall be inserted the words “, or the care component of disability living allowance at the highest or middle rate prescribed in accordance with section 37ZB(3) of the Social Security Act”.

(5) In Schedule 4 (sums to be disregarded in the calculation of income other than earnings) in paragraph 5 at the end there shall be inserted the words “or any disability living allowance”.

(1)

1975 c. 14; section 37ZA was inserted by the Disability Living Allowance and Disability Working Allowance Act 1991 (c. 21) section 1(2).

(2)

1986 c. 50; section 20 was amended by the Local Government Finance Act 1988 (c. 41), Schedule 10, paragraph 2(2) and the Disability Living Allowance and Disability Working Allowance Act 1991 (c. 21), section 6.

(3)

Paragraph 7(2) was added by S.I. 1990/1775.

(4)

Paragraph 12(1)(a)(i) of Schedule 2 was amended by S.I. 1988/1971.

(5)

1975 c. 14.

(6)

Paragraph 14ZA of Schedule 2 was inserted by S.I. 1990/1775 and amended by S.I. 1991/1599.