Amendment of the Housing Benefit Regulations 200615
1
The Housing Benefit Regulations 2006 are amended as follows.
2
In regulation 46(4) (income treated as capital) for “or 25 to 28” substitute “, 25 to 28, 45 or 46”.
3
In regulation 62 (relationship with amounts to be disregarded under Schedule 5)72 omit from “and any other income” to the end of the regulation.
4
In regulation 80(4)(a) (calculation of weekly amounts)73 for “regulation 76(2)” substitute “regulation 76(2) or (3)”.
5
In paragraphs 11(4) and 13(8) of Schedule 3 (applicable amounts) for “52 weeks” in each place that it appears substitute “104 weeks”.
6
In paragraph 26 of Schedule 5 (sums to be disregarded in the calculation of income other than earnings) for the words from “care authority” to the end of the paragraph substitute “local authority under regulation 9 of the Fostering of Children (Scotland) Regulations 1996 (payment of allowances)”.
7
In Schedule 6 (capital to be disregarded)—
a
in paragraph 14, after “claimant” insert “or the claimant’s partner”;
b
after paragraph 14 insert—
14A
1
Any payment made to the claimant or the claimant’s partner in consequence of any personal injury to the claimant or, as the case may be, the claimant’s partner.
2
But sub-paragraph (1)—
a
applies only for the period of 52 weeks beginning with the day on which the claimant first receives any payment in consequence of that personal injury;
b
does not apply to any subsequent payment made to him in consequence of that injury (whether it is made by the same person or another);
c
ceases to apply to the payment or any part of the payment from the day on which the claimant no longer possesses it;
d
does not apply to any payment from a trust where the funds of the trust are derived from a payment made in consequence of any personal injury to the claimant.
3
For the purposes of sub-paragraph (2)(c), the circumstances in which a claimant no longer possesses a payment or a part of it include where the claimant has used a payment or part of it to purchase an asset.
4
References in sub-paragraphs (2) and (3) to the claimant are to be construed as including references to his partner (where applicable).
c
for paragraph 45 substitute—
45
1
Any sum of capital to which sub-paragraph (2) applies and—
a
which is administered on behalf of a person by the High Court or the County Court under Rule 21.11(1) of the Civil Procedure Rules 1998 or by the Court of Protection;
b
which can only be disposed of by order or direction of any such court; or
c
where the person concerned is under the age of 18, which can only be disposed of by order or direction prior to that person attaining age 18.
2
This sub-paragraph applies to a sum of capital which is derived from—
a
an award of damages for a personal injury to that person; or
b
compensation for the death of one or both parents where the person concerned is under the age of 18.