The Supplementary Benefit (Housing Requirements and Resources) Amendment Regulations 1987

Amendment of the Supplementary Benefit (Resources) Regulations 1981

3.—(1) The Supplementary Benefit (Resources) Regulations 1981(1)shall be amended in accordance with the following provisions of this regulation.

(2) In regulation 2(1) (interpretation), after the definition of “Tax Act” there shall be inserted the following definition:—

““the 1983 Requirements Regulations” means the Supplementary Benefit (Requirements) Regulations 1983(2);”

(3) In regulation 11 (treatment of income other than earnings) —

(a) in paragraph (2) there shall be added the following sub-paragraph —

“(w) any payment received under an insurance policy taken out to insure against the risk of being unable during any period to maintain payments on a loan to which regulation 15 or 17 of the 1983 Requirements Regulations applies, less any amount which falls to be disregarded by virtue of paragraph (4)(o).”;

(b) in paragraph (4) there shall be added the following sub-paragraph —

“(o) in the case of a loan specified in regulations 15(3) or 17(1) of the 1983 Requirements Regulations, any payment received under a policy specified in paragraph (2)(w) and used to meet repayments in respect of that loan, to the extent that it does not exceed —

(i) subject to paragraph (4B), the amount, calculated on a weekly basis, of the claimant’s eligible interest under regulations 15 or 17 of the 1983 Requirements Regulations,

(ii) the amount of the payment, calculated on a weekly basis, due on the loan attributable to the repayment of capital, and

(iii) an amount equal to the amount, calculated on a weekly basis, of the premiums due on that policy.;”

(c) the following paragraph shall be inserted after paragraph (4A) —

“(4B)   Payments to which paragraph (4)(o) applies shall be disregarded by virtue of head (i) of that provision only for any period during which there is applicable to the claimant as a housing requirement 50 per cent of his eligible interest by virtue of regulation 15(1)(b)(ii) of the 198 Requirements Regulations.”

(1)

S.I. 1981/1527; the relevant amending instruments are S.I. 1982/1125, 1126, 1127, 1983/503, 505, 1240, 1985/613, 1986/1292, 1293.

(2)

S.I. 1983/1399, the relevant amending instruments are S.I. 1984/282, 1102, 1103, 2034, 1985/1247, 1835, 1986/1292