Amendment of the 1996 Regulations4
1
For regulation 5 (definition of relevant person) substitute—
Definition of relevant person5
1
Subject to paragraph (2), in respect of any application for a grant a relevant person is any person who—
a
is the disabled occupant or one of the disabled occupants of the dwelling; or
b
is the partner, or a partner, of the disabled occupant or one of the disabled occupants of the dwelling,
and is not a young person or child or the partner of a young person.
2
Where—
a
both members of a couple or
b
two or more members of a polygamous marriage
fall within the definition of a relevant person in paragraph (1), only one member of that couple or marriage will be the relevant person in respect of that application.
2
For regulation 10 (the applicable amount) substitute—
10
1
The applicable amount in respect of any one application shall be—
a
the aggregate of the total of the weekly applicable amounts of all those persons who are relevant persons in the case of that application; and
b
£61.30.
2
For the purposes of paragraph (1), the weekly applicable amount as regards any of the persons listed in paragraph (3) is £1.
3
The persons mentioned in paragraph (2) are—
a
a relevant person who is in receipt of, and entitled to be in receipt of—
i
income support;
ii
income-based job-seeker’s allowance;
iii
housing benefit; or
iv
council tax benefit;
b
a relevant person who—
i
is in receipt of guarantee credit; or
ii
is a member of a couple, and the other member is in receipt of guarantee credit; or
c
a relevant person—
i
who is in receipt of working tax credit or child tax credit; and
ii
whose annual income for the purposes of assessing his entitlement to working tax credit or child tax credit has been calculated as being less than £15,050.
3
As regards any other relevant person the weekly applicable amount is the amount determined in his case in accordance with regulation 14 (applicable amounts).
3
In regulation 12 (reduction in amount of grant)—
a
in paragraph (1)(a), for “19.37” substitute “18.85”;
b
in paragraph (1)(b), for “38.73” substitute “37.69”;
c
in paragraph (1)(c), for “154.93” substitute “150.77”;
d
in paragraph (1)(d), for “387.33” substitute “376.93”;
e
in paragraph (2)(a), for “11.21” substitute “11.04”;
f
in paragraph (2)(b), for “22.41” substitute “22.09”;
g
in paragraph (2)(c), for “89.66” substitute “88.34”;
h
in paragraph (2)(d), for “224.15” substitute “220.86”.
4
In regulation 31 (notional income), after paragraph (2) insert—
2A
For the purposes of paragraphs (1) and (2), a person is not to be regarded as depriving himself of income where—
a
his rights to benefits under a registered pension scheme are extinguished and in consequence of this he receives a payment from the scheme, and
b
that payment is a trivial commutation lump sum within the meaning given by paragraph 7 of Schedule 29 to the Finance Act 20043.
2B
in paragraph (2A) “registered pension scheme” has the meaning given in section 150(2) of the Finance Act 2004.
5
Schedule 1 (applicable amounts) is amended as follows—
a
in paragraph 1 in the column headed “(2) Amount”—
i
in sub-paragraph (1)(a), for “£44.50” substitute “£47.95”;
ii
in sub-paragraph (1)(b), for “£56.20” substitute “£60.50”;
iii
in sub-paragraph (2)(a) for “£44.50” substitute “£47.95”;
iv
in sub-paragraph (2)(b), for “£56.20” substitute “£60.50”;
v
in sub-paragraph (3)(a), for “£67.15” substitute “£72.35”; and
vi
in sub-paragraph (3)(b), for “£88.15” substitute “£94.95”;
b
in paragraph 2, in the column headed “(2) Amount”, in sub-paragraphs (a) and (b) for “£43.88” substitute “£52.59”;
c
in paragraph 3—
i
in sub-paragraph (1), for “£16.10” substitute “£16.75”; and
ii
in sub-paragraph (3) for “£10.45” substitute “£10.50”;
d
in paragraph 13A—
i
in sub-paragraph (1), omit the words “Subject to sub-paragraph (2)”; and
ii
omit sub-paragraph (2);
e
in paragraph 14(1)(a), omit the words “except as provided in regulation 32(5) (modifications in respect of children and young persons)”;
f
in paragraph 18, in the column headed “Amount”—
i
in each of sub-paragraphs (1)(a), (2)(a) and (3)(a), for “£53.25” substitute “£63.55”;
ii
in each of sub-paragraphs (1)(b), (2)(b) and 3(b), for “£78.90” substitute “£94.40”;
iii
in sub-paragraph (3A), for “£25.85” substitute “£26.80”;
iv
in sub-paragraph (4)(a), for “£23.95” substitute “£25.85”;
v
in sub-paragraph (4)(b), for “£34.20” substitute “£36.85”;
vi
in sub-paragraph (5)(a), for “£45.50” substitute “£50.35”;
vii
in sub-paragraph (5)(b)(i), for “£45.50” substitute “£50.35”;
viii
in sub-paragraph (5)(b)(ii), for “£91.00 substitute “£100.70”;
ix
in sub-paragraph (6), for “£43.89” substitute “£48.72”;
x
in sub-paragraph (7) for “£25.80” substitute “£27.75”;
xi
in sub-paragraph (8)(a) for “£17.71” substitute “£19.60”;
xii
in sub-paragraph (8)(b), for “£11.70” substitute “£12.60”; and
xiii
in sub-paragraph (8)(c), for “£16.90” substitute “£18.15”.
6
Schedule 2 is amended as follows—
a
in paragraph 18, in sub-paragraphs (1) and (3)(c), for “£14.50” substitute “£14.90”;
b
in paragraph 12, in sub-paragraph (a), omit “or” in the first place where it occurs, and after the words “guarantee credit” insert “, housing benefit or council tax benefit”; and
c
after paragraph 12 insert—
12A
Where a relevant person is in receipt of—
a
working tax credit or child tax credit; and
b
whose annual income for the purposes of assessing his entitlement to working tax credit or child tax credit has been calculated as being less than £15,050,
his earnings.
7
Schedule 3 is amended as follows—
a
in paragraph 4, in sub-paragraph (a), omit “or” in the first place where it occurs, and after the words “guarantee credit” insert “, housing benefit or council tax benefit”;
b
after paragraph 4 insert—
4A
Where a relevant person is in receipt of—
a
working tax credit or child tax credit; and
b
whose annual income for the purposes of assessing his entitlement to working tax credit or child tax credit has been calculated as being less than £15,050,
the whole of his income.
c
in paragraph 13 after sub-paragraph (f) insert—
g
a guaranteed income payment made under article 14(1)(b) or article 21(1)(a) of the Armed Forces and Reserve Forces (Compensation Scheme) Order 20054
8
Schedule 4 is amended as follows—
a
In paragraph 6, in sub-paragraph (a), after the words “guarantee credit” omit “or” in the first place where it occurs, and insert “, housing benefit or council tax benefit”;
b
After paragraph 6 insert—
6A
Where a relevant person is in receipt of—
a
working tax credit or child tax credit; and
b
whose annual income for the purposes of assessing his entitlement to working tax credit or child tax credit has been calculated as being less than £15,050,
the whole of his capital.