Amendment of the Housing Benefit Regulations5

1

The Housing Benefit Regulations are amended as follows M1.

2

F2In regulation 35(2)(c) (notional income), after “personal pension scheme” insert “ , occupational pension scheme ”.

3

F2In regulation 43(2)(d) (notional capital) M2, after “personal pension scheme” insert “ , occupational pension scheme ”.

4

F2In regulation 45 M3 (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)”.

5

F1In Schedule 4 (sums to be disregarded in the calculation of income other than earnings)—

a

the existing provisions of paragraph 21 M4 shall become sub-paragraph (1) of that paragraph;

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) M5, 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 ”;

d

for paragraph 23(1A) M6 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.

6

F1In Schedule 5 (capital to be disregarded), for paragraph 70 M7 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.