The Employment and Support Allowance and Universal Credit (Miscellaneous Amendments and Transitional and Savings Provisions) Regulations 2017

Amendments to the Housing Benefit Regulations 2006

6.—(1) The Housing Benefit Regulations 2006(1) are amended as follows.

(2) In regulation 2 (interpretation), in paragraph (1) in the appropriate place insert—

““member of the work-related activity group” means a claimant who has or is treated as having limited capability for work under either—

(a)

Part 5 of the Employment and Support Allowance Regulations 2008 other than by virtue of regulation 30 of those Regulations; or

(b)

Part 4 of the Employment and Support Allowance Regulations 2013 other than by virtue of regulation 26 of those Regulations;”.

(3) In regulation 22 (applicable amounts) for paragraph (e) substitute—

“(e) the amount of the support component which may be applicable to him in accordance with Part 5 of Schedule 3 (the component);”.

(4) In regulation 23 (polygamous marriages) for paragraph (f) substitute—

“(f) the amount of the support component which may be applicable to him in accordance with Part 5 of Schedule 3 (the component);”.

(5) In regulation 28 (treatment of child care charges), in paragraph (11)—

(a) in sub-paragraph (a)—

(i) omit “the work-related activity component”;

(ii) after “support component or” insert “the other member is a member of the work-related activity group”;

(b) in sub-paragraph (ba)—

(i) omit “the work-related activity component”;

(ii) after “support component or” insert “the other member would be a member of the work-related activity group”.

(6) In regulation 74 (non-dependant deductions) in paragraph (8)(a)—

(a) omit “and the work-related activity component”;

(b) after “(the support component)” insert “or where the non-dependant is not a member of the work-related activity group”.

(7) In Schedule 3 (applicable amounts)—

(a) in Part 5 (the components)—

(i) in the heading, for “components” substitute “component”;

(ii) in paragraph 21, in sub-paragraph (1)—

(aa) for “one, but not both, of the components in paragraph 23 or” substitute “the component in paragraph”;

(bb) for paragraph (b) substitute—

“(b) the Secretary of State has determined that the claimant or the claimant’s partner has or is treated as having limited capability for work-related activity; and”;

(cc) in paragraph (c)(ii) omit “or the work-related activity component”;

(iii) in paragraph 22 in sub-paragraphs (1) and (2) omit “23 or”;

(iv) omit paragraph 23;

(b) in Part 6 (amount of components)—

(i) in the heading, for “components” substitute “component”;

(ii) omit paragraph 25.

(8) In Schedule 4 (sums to be disregarded in the calculation of earnings)—

(a) in paragraph 3(2)—

(i) omit “, work-related activity component”;

(ii) after “Schedule 3 (applicable amounts)” insert “or where the claimant or the claimant’s partner is a member of the work-related activity group”;

(b) in paragraph 17, in sub-paragraph (2)(b)(iv)—

(i) in paragraph (aa)—

(aa) omit “, the work-related activity component under paragraph 23 or”;

(bb) after “of Schedule 3” insert “or the claimant or the claimant’s partner is a member of the work-related activity group”;

(ii) in paragraph (bb)—

(aa) omit “, the work-related activity component”;

(bb) after “sub-head (aa) above,” insert “or at least one of the couple is a member of the work-related activity group”.

(1)

S.I. 2006/213; relevant amending instruments are S.I. 2008/1042, 2008/1082, 2008/2428, 2013/443, 2013/630 and 2015/457.