5 Amendment of the Housing Benefit Regulations
1 The Housing Benefit Regulations are amended as follows .
Regulations 21 to 45 of the Housing Benefit Regulations are modified in relation to any person who has attained the qualifying age for state pension credit: seeS.I. 2003/325, regs. 2(1) and 8. However the amendments made by these Regulations are to regs. 35, 43 and 45 of the Housing Benefit Regulations as not so modified.
2 In regulation 35(2)(c) (notional income), after “personal pension scheme” insert “ , occupational pension scheme ”.
Reg. 5(2)-(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. 2 para. 28(4) (with regs. 2, 3, Sch. 3, 4)
3 In regulation 43(2)(d) (notional capital) , after “personal pension scheme” insert “ , occupational pension scheme ”.
Paragraph (2)(d) was inserted by S.I. 1995/2303, reg. 5(7).
4 In regulation 45 (calculation of tariff income from capital)—
(a) in paragraph (1)—
(i) omit “(1ZA) or”, and
(ii) for “£3,000” (in both places) substitute “ £6,000 ”;
(b) omit paragraph (1ZA);
(c) in paragraphs (2) and (3) omit “, (1ZA)”.
Regulation 45 was amended by S.I. 1990/671, reg. 4(2), S.I. 1996/462, reg. 12(2)(b) and S.I. 2000/2545, reg. 2(4).
5 In Schedule 4 (sums to be disregarded in the calculation of income other than earnings)—
(a) the existing provisions of paragraph 21 shall become sub-paragraph (1) of that paragraph;
Paragraph 21 was amended by S.I. 2000/636, reg. 6(6).
(b) after that sub-paragraph insert—

“2 The reference in sub-paragraph (1) to “income in kind” does not include a payment to a third party made in respect of the claimant which is used by the third party to provide benefits in kind to the claimant.”

;
(c) in paragraph 23(1)(a) , for “in accordance with regulations made pursuant to section 57A of the Adoption Act 1976 (permitted allowances) or paragraph 3 of Schedule 4 to the Adoption and Children Act 2002 or” substitute “ pursuant to regulations under section 2(6)(b), 3 or 4 of the Adoption and Children Act 2002 or in accordance ”;
Paragraph 23(1)(a) was amended by S.I. 1992/432, Schedule 1, paragraph 3, and S.I. 2003/2279, reg. 4(5)(a)(i).
(d) for paragraph 23(1A) substitute—

“1A Any payment, other than a payment to which sub-paragraph (1)(a) applies, made to the claimant pursuant to regulations under section 2(6)(b), 3 or 4 of the Adoption and Children Act 2002.”

.
Paragraph 23(1A) was inserted by S.I. 2003/2279, reg. 4(5)(a)(ii).
Reg. 5(5)(6) 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, 4)
6 In Schedule 5 (capital to be disregarded), for paragraph 70 substitute—

“70
Any payment made to the claimant pursuant to regulations under section 2(6)(b), 3 or 4 of the Adoption and Children Act 2002.”

.
Paragraph 70 was added by S.I. 2003/2279, reg. 4(6)(e).