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2. In regulation 21 of the Housing Benefit (General) Regulations 1987 (calculation of income on a weekly basis)(1)—
(a)in sub-paragraph (c) of paragraph (1) after the words “average weekly income” there shall be inserted the words “or, in a case where the conditions in paragraph (1ZA) are met, from those earnings plus whichever credit specified in sub-paragraph (b) of that paragraph is appropriate”; and
(b)after paragraph (1) there shall be inserted the following paragraph—
“(1ZA) The conditions of this paragraph are that—
(a)the claimant’s earnings which form part of his average weekly income are less than the lower of either his relevant child care charges or whichever of the deductions specified in paragraph (1A) otherwise applies in his case; and
(b)that claimant or, if he is a member of a couple either the claimant or his partner, is in receipt of either working families' tax credit or disabled person’s tax credit.”.
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