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2.—(1) The Housing Benefit Regulations shall be amended in accordance with paragraphs (2) and (3).
(2) In paragraph 16(2)(1) of Schedule 3 (sums to be di20egarded in the calculation of earnings) –
(a)in head (b) –
(i)sub-paragraph (ii)(bb) shall be omitted;
(ii)in sub-paragraphs (iii) and (iv), for “30 hours” there shall be substituted “16 hours”, and
(iii)in sub-paragraph (iv), “or both members are”, shall be omitted, and
(b)after head (b), there shall be inserted the following head –
“or
(c)the claimant is, or if he has a partner, one of them is, a person to whom regulation 18(3) of the Working Tax Credit Regulations (eligibility for 50 plus element) applies, or would apply if an application for working tax credit were to be made in his case.”.
(3) In paragraph 61(2) of Schedule 4 to those Regulations (sums to be di20egarded in the calculation of income other than earnings) –
(a)before “paragraph 16” there shall be inserted “sub-paragraph (1) of”, and
(b)for the words from “entitled” to “2002” there shall be substituted “a person who satisfies any of the conditions of sub-paragraph (2) of that paragraph”.
Paragraph 16 was substituted by paragraph 10 of Schedule 2 to S.R. 2003 No. 1
Paragraph 61 was substituted by regulation 4 of S.R. 1996 No. 93 and amended by regulation 6 of S.R 1999 No. 298, regulation 3 and paragraph 11(b) of Schedule 2 to S.R. 2003 No. 1, regulation 2(b) of S.R. 2003 No. 196 and regulation 3(3) of S.R. 2003 No. 338
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