The Housing Benefit (Miscellaneous Amendments) Regulations 2014

Amendment of the Housing Benefit Regulations 2006

3.—(1) The Housing Benefit Regulations 2006(1) are amended as follows.

(2) In regulation 2(1) (interpretation)(2) in the definition of “young individual”—

(a) at the end of paragraph (h) omit “or”;

(b) renumber as paragraph (j) the paragraph (i) added by regulation 2(2)(b)(ii) of the Housing Benefit and Universal Credit (Size Criteria) (Miscellaneous Amendments) Regulations 2013(3);

(c) after the paragraph (i) added by paragraph 23(3) of Schedule 1 to the Children’s Hearings (Scotland) Act 2011 (Consequential and Transitional Provisions and Savings) Order 2013(4) add “or”.

(3) In regulation 28 (treatment of child care charges)(5)—

(a) in paragraph 11(e) for “or allowance to which head (ii), (iv), (v) or (vi)” substitute “, allowance or payment to which head (ii), (iv), (v), (vi) or (viii)”;

(b) in paragraph (13)(d) for “would be payable but for” substitute “has ceased to be payable solely by virtue of”.

(4) In the following provisions for “social security contributions” substitute “national insurance contributions”—

(a) regulation 34(c) (disregard of changes in tax, contributions etc);

(b) in regulation 38 (calculation of net profit of self-employed earners)—

(i) paragraph (1)(b)(i);

(ii) paragraph (3)(b)(ii);

(iii) paragraph (9)(a)(ii);

(c) regulation 39(2) (deduction of tax and contributions of self-employed earners).

(5) In regulation 87(1) (amendment and withdrawal of claim)(6) for “determination” substitute “decision”.

(6) In Schedule 3 (applicable amounts)(7)—

(a) in paragraph 13 (Additional Condition for the Disability Premium) for sub-paragraph (1)(a)(iiia) substitute—

“(iiia) was in receipt of personal independence payment that is no longer payable by virtue of regulations made under section 86(1) (hospital in-patients) of the 2012 Act.”;

(b) in paragraph 14 (Severe Disability Premium) in sub-paragraph (5)(c) after “but for” insert “payment ceasing by virtue of”;

(c) in paragraph 15 (Enhanced disability premium) in sub-paragraph (1)(c) for “, or would, but for regulations made under section 86(1) (hospital in-patients) of the 2012 Act be payable” substitute “payable, or has ceased to be payable by virtue of regulations made under section 86(1) (hospital in-patients) of the 2012 Act,”;

(d) in paragraph 16 (Disabled child premium) in paragraph (d) after “but for” insert “payment ceasing by virtue of”.

(1)

S.I. 2006/213.

(2)

The definition of “young individual” was substituted by S.I. 2007/2868 and amended by S.I. 2011/1736 and 1740, 2010/2835, 2013/1465 and 2013/2828.

(3)

S.I. 2013/2828.

(4)

S.I. 2013/1465.

(5)

Paragraph 11(e) was amended by S.I. 2005 and 3360 (both as amended by S.I. 2006/217). Paragraph (13)(d) was inserted by S.I. 2013/388 and substituted by S.I. 2013/591.

(6)

Regulation 87 was substituted by S.I. 2008/2299 and paragraph (1) was substituted by S.I. 2013/2536.

(7)

Paragraphs 13(1)(a)(iiia), 14(5)(c), 15(1)(c) and 16(d) were inserted by S.I. 2013/388. Paragraphs 15(1)(c) and 16(d) were amended by S.I. 2013/591.