The Social Security (Miscellaneous Amendments) Regulations 2005

Amendment of the Housing Benefit Regulations

This section has no associated Explanatory Memorandum

4.—(1) The Housing Benefit Regulations shall be amended in accordance with this regulation.

(2) In regulation 2(1) (interpretation)—

(a)in paragraph (1) omit the definitions of “earnings top-up”, “the Earnings Top-up Scheme”, “eligible rates”, “rateable unit” and “rates”;

(b)omit paragraph (4A).

(3) The amendment made by paragraph (4) is to the Housing Benefit Regulations as modified in their application to persons to whom regulation 2 of the 2003 Regulations applies(2).

(4) In regulation 33(2)(d)(ii) (earnings of self-employed earners) after the word “authority” add “but excluding payments of housing benefit made in respect of the person concerned”.

(5) In paragraphs (3) and (4) of regulation 43A(3) (diminishing notional capital rule) omit sub-paragraph (g).

(6) In Schedule 4 (sums to be disregarded in the calculation of income other than earnings)—

(a)in paragraph 25(b)(4) after the word “authority” add “but excluding payments of housing benefit made in respect of the person concerned”;

(b)omit paragraph 60(5).

(7) In paragraph 8 of Schedule 5(6) (capital to be disregarded) omit sub-paragraph (1)(d).

(8) In Schedule 6 (matters to be included in the decision notice) omit paragraph 9(1)(a)(7).

(1)

The relevant amending instrument is S.I. 1996/1944.

(2)

The relevant modifications are made by S.I. 2003/325.

(3)

Regulation 43A was inserted by S.I. 1990/1775. The relevant amending instrument is S.I. 1996/1944.

(4)

Paragraph 25 was substituted by S.I. 1998/563.

(5)

Paragraph 60 was inserted by S.I. 1996/1944.

(6)

The relevant amending instruments are S.I. 1996/1944 and 2002/2380.

(7)

The relevant amending instruments are S.I. 1996/1510, 2001/1605 and 2003/325.