The Income-related Benefits Schemes and Social Security (Claims and Payments) (Miscellaneous Amendments) Regulations 1995

Amendment of the Housing Benefit and Council Tax Benefit (Miscellaneous Amendments) (No. 2) Regulations 1995

9.  In regulation 19 of the Housing Benefit and Council Tax Benefit (Miscellaneous Amendments) (No. 2) Regulations 1995(1) (transitional provisions)—

(a) after paragraph (1) the following new paragraph shall be inserted—

“(1A) Where, on 12th April 1995, the disability premium was applicable to a claimant and in the period from 13th April 1995 to 1st October 1995 paragraph (1) either did not apply or ceased to apply in his case, if—

(a) for the period for which paragraph (1) did not apply or ceased to apply, the claimant was incapable of work or was treated as incapable of work in accordance with the provisions of, and regulations made under, Part XIIA of the Social Security Contributions and Benefits Act 1992 (the period of incapacity), and

(b) any break in the period of incapacity did not exceed a period of 56 continuous days,

with effect from 2nd October 1995 for so long as he is incapable of work or is treated as incapable of work, the disability premium shall be applicable in his case.”;

(b) in paragraph (2) for the words “Paragraph (1)” there shall be substituted the words “Paragraphs (1) and (1A)” and after the words “incapable of work” there shall be inserted the words “or ceases to be treated as incapable of work”.

(1)

S.I. 1995/626.