Notional income

2.  In both regulation 26 of the Council Tax Benefit Regulations and regulation 35 of the Housing Benefit Regulations(1) (which relate to notional income)—

(a)in paragraph (3), for the words from the beginning to “regulation 75(1)(b)(ii) of those Regulations” there shall be substituted the words “Any payment of income, other than a payment of income specified in paragraph (3A)”;

(b)after paragraph (3) there shall be inserted the following paragraph—

“(3A) Paragraph (3) shall not apply in respect of a payment of income made—

(a)under the Macfarlane Trust, the Macfarlane (Special Payments) Trust, the Macfarlane (Special Payments) (No.2) Trust, the Fund, the Eileen Trust or the Independent Living Funds;

(b)pursuant to section 19(1)(a) of the Coal Industry Act 1994(2) (concessionary coal);

(c)pursuant to section 2 of the Employment and Training Act 1973(3) in respect of a person’s participation—

(i)in an employment programme specified in regulation 75(1)(a)(ii) of the Jobseeker’s Allowance Regulations 1996(4);

(ii)in a training scheme specified in regulation 75(1)(b)(ii) of those Regulations; or

(iii)in a qualifying course within the meaning specified in regulation 17A(7) of those Regulations(5).”.

(1)

The relevant amending instruments are S.I. 1997/2197 and 2863.

(3)

1973 c. 50; section 2 was substituted by section 25 of the Employment Act 1988 (c. 19) and then amended by Schedule 7 to the Employment Act 1989 (c. 38).

(4)

S.I. 1996/207; the relevant amending instruments are S.I. 1997/2863 and 1998/1174.

(5)

Regulation 17A was inserted by S.I. 1998/1274.