http://www.legislation.gov.uk/id/uksi/1994/578

http://www.legislation.gov.uk/uksi/1994/578/regulation/10/made

The Housing Benefit and Council Tax Benefit (Miscellaneous Amendments) Regulations 1994

Housing benefit

Benefits

Council tax

Council tax benefit

Pensions

King's Printer of Acts of Parliament

2016-01-26

SOCIAL SECURITY

These Regulations further amend the Housing Benefit (General) Regulations 1987 (S. I.1987/1971), the Housing Benefit (Supply of Information) Regulations 1988 (S. I.1988/662) and the Council Tax Benefit (General) Regulations 1992 (S. I.1992/1814) so that with respect to each benefit—they provide a definition of “personal pension scheme” and omit the definition of “boarder” (regulations 2 and 15);they further specify the amount to be deducted in certain circumstances in respect of national insurance contributions when calculating a person’s income (regulations 4, 7, 17 and 20);with respect to the calculation of the earnings of self-employed earners, they amend the provisions for calculating the weekly amount of earnings; they amend the definition of earnings in relation to certain allowances paid to assist a person in carrying on his business; and they provide that a proportion of any premium paid in respect of a personal pension scheme shall be disregarded (regulations 3, 5, 6, 16, 18 and 19);they further define the amount to be disregarded in calculating a student’s covenant income and a student’s income other than grant income and covenant income (regulations 8, 9, 21 and 22);they make further provision as to the date on which a change of circumstances is to take effect, where the change is in respect of a person’s income (regulations 11 and 23);with respect to the calculation of income other than earnings they provide a disregard where an increase of a specified benefit is payable in respect of a dependant who is not a member of the claimant’s family, and further define the amount to be disregarded in respect of payments made to a claimant where other persons occupy the claimant’s home (regulations 13 and 25);they specify the time within which authorities shall supply to the Secretary of State information as to cases in which there has been an intervention by a designated fraud officer of the authority (regulations 14 and 24).

The Housing Benefit and Council Tax Benefit (Miscellaneous Amendments) Regulations 1994

Regulations

The Housing Benefit and Council Tax Benefit (Consequential Provisions) Regulations 2006

Sch. 1

reg. 2

Sch. 3

reg. 1(1)

Amendment of regulation 61 of the Housing Benefit Regulations10

1

Regulation 61 of the Housing Benefit Regulations (maximum housing benefit)15 shall be renumbered paragraph (1) of regulation 61, and in paragraph (1) for the words “The amount of a person’s maximum housing benefit” there shall be substituted the words “Subject to paragraph (2), the amount of a person’s appropriate maximum housing benefit”.

2

After paragraph (1) of regulation 61 there shall be added the following paragraph—

2
Where—
a
the appropriate authority is satisfied that a claimant’s circumstances are exceptional; and
b
either—
i
any deduction in respect of non-dependants falls to be made under regulation 63 for the purpose of determining a person’s appropriate maximum housing benefit; or
ii
an amount falls to be deducted from a person’s appropriate maximum housing benefit in accordance with section 130(3)(b) of the Contributions and Benefits Act (amount of housing benefit where income exceeds applicable amount); and
c
if the person’s appropriate maximum housing benefit were not increased under this paragraph, an amount of housing benefit would be payable to the claimant notwithstanding any deduction which would fall to be made in accordance with section 130(3)(b) of that Act,
the authority may determine that the amount of the person’s appropriate maximum housing benefit calculated in accordance with paragraph (1) shall be such higher amount (“the increased amount—”) as it considers appropriate in the particular circumstances of the case, but so that the increased amount, after any deduction made in accordance with section 130(3)(b) of that Act, shall not exceed his eligible rent calculated on a weekly basis in accordance with regulations 69 and 70 (calculation of weekly amounts and rent free periods).