The Housing Grants (Assessment of Contributions) (Scotland) Amendment Regulations 2008

Scottish Statutory Instruments

2008 No. 336

HOUSING

The Housing Grants (Assessment of Contributions) (Scotland) Amendment Regulations 2008

Made

4th October 2008

Coming into force

27th October 2008

The Scottish Ministers make the following Regulations in exercise of the powers conferred by section 240A of the Housing (Scotland) Act 1987(1) and all other powers enabling them to do so.

In accordance with section 240A(3) of that Act, a draft of the Regulations has been laid before and approved by resolution of the Scottish Parliament.

Citation and commencement

1.  These Regulations may be cited as the Housing Grants (Assessment of Contributions) (Scotland) Amendment Regulations 2008 and come into force on 27th October 2008.

Amendment of the Housing Grants (Assessment of Contributions) (Scotland) Regulations 2003

2.  The Housing Grants (Assessment of Contributions) (Scotland) Regulations 2003(2) are amended in accordance with regulations 3 to 5.

3.  In regulation 2(1) (interpretation)–

(a)after the definition of “college of further education”, insert–

“contributory employment and support allowance” means a contributory employment and support allowance payable in accordance with the provisions of Part 1 of the Welfare Reform Act 2007(3);;

(b)after the definition of “income based jobseeker’s allowance” insert–

“income related employment and support allowance” means an income-related employment and support allowance payable in accordance with the provisions of Part 1 of the Welfare Reform Act 2007;.

4.  In regulation 9 (cases whose income is disregarded), after “(b) income based jobseeker’s allowance;” insert–

(ba)income related employment and support allowance;.

5.  In regulation 26(1)(b) (allowable deductions for dependent persons and disabled people), after “(v) incapacity benefit;”, insert–

(va)contributory employment and support allowance;.

S MAXWELL

Authorised to sign by the Scottish Ministers

St Andrew’s House,

Edinburgh

4th October 2008

Explanatory Note

(This note is not part of the Regulations)

These Regulations amend the Housing Grants (Assessment of Contributions) (Scotland) Regulations 2003 (“the 2003 Regulations”), inserting in regulation 9 (cases where income is disregarded) “income-related employment and support allowance” to the list of allowances and benefits; and inserting in regulation 26(1)(b) (allowable deductions for dependent persons and disabled people) “contributory employment and support allowance” to the list of allowances and benefits (regulations 2, 4 and 5).

The Regulations also amend regulation 2 of the 2003 Regulations by inserting definitions of “income-related employment and support allowance” and “contributory employment and support allowance” (regulations 2 and 3).

(1)

1987 c. 26. Section 240A was inserted by the Housing (Scotland) Act 2001 (asp 10), section 99.

(2)

S.S.I. 2003/461. There are amending regulations, but none are relevant.