The Housing Benefit and Housing Benefit (Persons who have attained the qualifying age for state pension credit) (Income from earnings) (Amendment) Regulations 2015

Amendments to the Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 2006

3.—(1) Regulation 33 (Calculation of weekly income)(1) of the Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 2006(2) is amended as follows.

(2) In paragraph (1) after “paragraph (2)” insert “, (2A), (3A)”.

(3) After paragraph (2) insert—

“(2A) Income calculated pursuant to paragraph (2) shall be taken into account—

(a) in the case of a claim, on the date the claim was made or treated as made, and the first day of each benefit week thereafter;

(b) in the case of a claim or award where the claimant commences employment, the first day of the benefit week following the date the claimant commences that employment, and the first day of each benefit week thereafter; or

(c) in the case of a claim or award where the claimant’s average weekly earnings from employment change, the first day of the benefit week following the date the claimant’s earnings from employment change so as to require recalculation under this paragraph, and the first day of each benefit week thereafter,

regardless of whether those earnings were actually received in that benefit week.”.

(4) After paragraph (3) insert—

“(3A) A claimant’s earnings from employment as an employed earner not calculated pursuant to paragraph (2) shall be taken into account—

(a) in the case of a claim, on the date that the claim was made or treated as made and the first day of each benefit week thereafter;

(b) in the case of a claim or award where the claimant commences employment, the first day of the benefit week following the date the claimant commences that employment, and the first day of each benefit week thereafter; or

(c) in the case of a claim or award where the claimant’s average weekly earnings from employment change, the first day of the benefit week following the date of the change, and the beginning of each benefit week thereafter,

regardless of whether those earnings were actually received in that benefit week.”.

(1)

Regulation 33 was amended by S.I. 2007/1619 and S.I. 2009/583.

(2)

S.I. 2006/214.