Explanatory Note

(This note is not part of the Regulations)

These Regulations amend the Family Credit (General) Regulations 1987, the Housing Benefit (General) Regulations 1987, the Income Support (General) Regulations 1987, the Disability Working Allowance (General) Regulations 1991 and the Council Tax Benefit (General) Regulations 1992 so that payments from the charitable trust known as the Eileen Trust are to be disregarded in determining the entitlement of a person to such a benefit and its amount.

They further amend the Housing Benefit (General) Regulations 1987 in relation to the requirement to refer a claim for benefit to a rent officer to make a determination with respect to a person’s rent, by extending the circumstances in which such a reference is required where the claimant for benefit is not personally liable to pay council tax, and amend the definition of “rent” as it applies to Schedule 1A of those Regulations (excluded tenancies).

They also amend the Social Security (Recoupment) Regulations 1990 so as to exempt payments under the Eileen Trust from the effects of section 82 of the Social Security Administration Act 1992 (recovery from damages etc. of sums equivalent to benefit).

These Regulations do not impose a charge on businesses.