The Social Security (Miscellaneous Amendments) Regulations 2004

Amendment of the Housing Benefit (General) Regulations 1987 in relation to income and capital disregards

3.— [F1 (1) The Housing Benefit (General) Regulations 1987 M1 shall be amended in accordance with this regulation.

(2) In regulation 2(1) (interpretation) omit the definition of “ERA payment”M2 .

(3) In Schedule 4 (sums to be disregarded in the calculation of income other than earnings)—

(a) for paragraph 11 M3 substitute the following paragraph—

“11.— (1) Any payment made pursuant to section 2 of the Employment and Training Act 1973 or section 2 of the Enterprise and New Towns (Scotland) Act 1990 except—

(a) a payment made as a substitute for income support, a jobseeker’s allowance, incapacity benefit or severe disablement allowance;

(b) a payment of an allowance referred to in section 2(3) of the Employment and Training Act 1973 or section 2(5) of the Enterprise and New Towns (Scotland) Act 1990;

(c) a payment intended to meet the cost of living expenses which relate to any one or more of the items specified in sub-paragraph (2) whilst a claimant is participating in an education, training or other scheme to help him enhance his employment prospects unless the payment is a Career Development Loan paid pursuant to section 2 of the Employment and Training Act 1973 and the period of education or training or the scheme, which is supported by that loan, has been completed; or

(d) for the purpose only of assessing entitlement to housing benefit in respect of a dwelling other than the one which the claimant normally occupies as his home, a payment made to a person to whom regulation 5(5)(b) M4 (circumstances in which a person is or is not to be treated as occupying a dwelling as his home) applies to the extent that the payment is made in respect of the cost of living away from home.

(2) The items specified in this sub-paragraph for the purposes of sub-paragraph (1)(c) are food, ordinary clothing or footwear, household fuel or rent of the claimant or, where the claimant is a member of a family, any other member of his family, or any council tax or water charges for which that claimant or member is liable.

(3) For the purposes of this paragraph—

“ordinary clothing or footwear” means clothing or footwear for normal daily use, but does not include school uniforms, or clothing or footwear used solely for sporting activities; and

“rent” means eligible rent less any deductions in respect of non-dependants which fall to be made under regulation 63 (non-dependant deductions).”;

(b) in paragraph 49 M5 omit from “or in accordance with” to “Act 1973”;

(c) omit paragraphs 63 M6 , 64 M7 , 64A M8 , 65 M9 , 68 M10 , 76 M11 and 77 M12 .

(4) In Schedule 5 (capital to be disregarded)—

(a) for paragraph 33 M13 substitute the following paragraph—

“33.   Any payment made pursuant to section 2 of the Employment and Training Act 1973 or section 2 of the Enterprise and New Towns (Scotland) Act 1990, but only for the period of 52 weeks beginning on the date of receipt of the payment.”;

(b) in paragraph 43 M14 omit—

(i) “, or a training bonus under section 2 of the Employment and Training Act 1973”; and

(ii) from “or in accordance with” to “Act 1973”;

(c) omit paragraphs 53 M15 , 53A M16 , 54 M17 , 56 M18 , 65 M19 , 71 M20 and 72 M21 .]

Textual Amendments

F1 Reg. 4 revoked (6.3.2006) by The Housing Benefit and Council Tax Benefit (Consequential Provisions) Regulations 2006 (S.I. 2006/217), reg. 1(1), Sch. 1 (with regs. 2, 3, Sch. 3, Sch. 4)

Marginal Citations

M1 S.I. 1987/1971. Relevant amending instruments are S.I. 1988/909, 1971, 1992/432, 1993/2118, 1997/65, 2863, 1998/2164, 1999/3156, 2001/859, 1029, 2002/2314, 2003/2279 and 2439.

M2 The definition of “ERA payment” was inserted by S.I. 2003/2279.

M3 Paragraph 11 was substituted by S.I. 1988/909 and amended by S.I. 1991/387, 1997/2863 and 2001/1029.

M4 Regulation 5(5)(b) was amended by S.I. 1990/1549.

M5 Paragraph 49 was inserted by S.I. 1992/432.

M6 Paragraph 63 was inserted by S.I. 1997/65.

M7 Paragraph 64 was inserted by S.I. 1997/2863 and substituted by S.I. 2001/1029.

M8 Paragraph 64A was inserted by S.I. 2002/2314.

M9 Paragraph 65 was inserted by S.I. 1997/2863.

M10 Paragraph 68 was inserted by S.I. 1998/2164.

M11 Paragraph 76 was added by S.I. 2003/2279.

M12 Paragraph 77 was added by S.I. 2003/2439.

M13 Paragraph 33 was inserted by S.I. 1988/1971 and amended by S.I. 1991/387 and 1993/2118.

M14 Paragraph 43 was inserted by S.I. 1992/432.

M15 Paragraph 53 was inserted by S.I. 1997/2863 and substituted by S.I. 2001/1029.

M16 Paragraph 53A was inserted by S.I. 2002/2314.

M17 Paragraph 54 was inserted by S.I. 1997/2863.

M18 Paragraph 56 was inserted by S.I. 1998/2164.

M19 Paragraph 65 was inserted by S.I. 2001/859.

M20 Paragraph 71 was added by S.I. 2003/2279.

M21 Paragraph 72 was added by S.I. 2003/2439.