The Child Benefit, Child Support and Social Security (Miscellaneous Amendments) Regulations 1996

Amendment of regulation 35 of the Housing Benefit Regulations

30.—(1) Regulation 35 of the Housing Benefit Regulations(1) (notional income) shall be amended in accordance with the following paragraphs.

(2) After paragraph (4A) there shall be inserted the following paragraphs—

“(4B) Paragraph (4C) shall apply where a claimant is in receipt of both child benefit and an increase in child benefit under regulation 2(2) of the Child Benefit and Social Security (Fixing and Adjustment of Rates) Regulations 1976(2) (increase in respect of the only, elder or eldest child of a single parent) in respect of the week up to and including 6th April 1997.

(4C) In a case where this paragraph applies, the appropriate authority shall, in a case in which the claimant’s weekly amount of eligible rent falls to be calculated in accordance with regulation 69(2)(b) (calculation of weekly amounts), treat the claimant, for the period from 1st April 1997 to 6th April 1997, as possessing any child benefit which is payable to him from 7th April 1997 at the rates specified in regulation 2(1)(a)(ii)(3) (weekly rate for only, elder or eldest child of a lone parent) and, as the case may be, (b) (weekly rate for other children) of the Child Benefit and Social Security (Fixing and Adjustment of Rates) Regulations 1976, to the extent that such child benefit is payable to him at those rates from that date.”.

(3) In paragraph (6), after the words “(4A)” there shall be inserted the words “and (4C)”.

(1)

Regulation 35 is amended by S.I. 1988/1971, 1990/127, 546, 1991/1175, 1599, 1992/1101, 2148, 1993/317, 963, 1249, 1994/578, 2137 and 1995/560, 626, 2303.

(2)

S.I. 1976/1267; relevant amending instruments are S.I. 1980/110 and 1993/965.

(3)

The relevant amending instrument is S.I. 1996/1803.