SCHEDULE 2Consequential amendments

Amendment of the Discretionary Financial Assistance Regulations 2001

18.

(1)

The Discretionary Financial Assistance Regulations 200195 shall be amended in accordance with the provisions of this paragraph.

(2)

For regulation 1(2), substitute—

“(2)

In these Regulations—

“the Housing Benefit Regulations” means the Housing Benefit Regulations 2006; and

“the Housing Benefit (State Pension Credit) Regulations” means the Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 2006.”

(3)

In regulation 3(a) (circumstances in which discretionary housing payments may be made) for “Schedule 1 to the Housing Benefit Regulations”, substitute “Schedule 1 to the Housing Benefit Regulations or Schedule 1 to the Housing Benefit (State Pension Credit) Regulations”.

(4)

In regulation 4, for paragraph (a) (limit on the amount of the discretionary housing payment that may be made), substitute—

“(a)

periodical payments in respect of the dwelling which a person occupies as his home, other than payments in respect of council tax, an amount equal to the amount of the aggregate of the payments specified in—

(i)

regulation 12(1) of the Housing Benefit Regulations less the aggregate of the amounts referred to in regulations 12(3)(b)(i) to (iii) of those Regulations, calculated on a weekly basis in accordance with regulations 80 and 81 of those Regulations; or

(ii)

regulation 12(1) of the Housing Benefit (State Pension Credit) Regulations less the aggregate of the amounts referred to in regulations 12(3)(b)(i) to (iii) of those Regulations, calculated on a weekly basis in accordance with regulations 61 and 62 of those Regulations; or”.