Amendment of the Housing Benefit Regulations 20066
1
The Housing Benefit Regulations 200670 are amended as follows.
2
In regulation 2(1) (interpretation), omit the following definitions—
a
“community charge benefit”;
b
“the Independent Living Fund”;
c
“the Independent Living Funds”71;
d
“the Independent Living (Extension) Fund”;
e
“the Independent Living (1993) Fund”.
3
In regulation 7 (circumstances in which a person is or is not to be treated as occupying a dwelling as his home)—
a
in paragraph (5), for “section 9(1) of the Criminal Justice and Court Services Act 2000” substitute “section 13 of the Offender Management Act 2007”;
b
in paragraph (16)(c)(i)(bb), for “section 9 of the Criminal Justice and Court Services Act 2000” substitute “section 13 of the Offender Management Act 2007”.
4
In—
a
regulation 42(7)(a) (notional income),
b
regulation 46(6) (income treated as capital),
c
regulation 49(4)(a) (notional capital),
d
regulation 74(9)(b)72 (non-dependent deductions),
e
regulation 86(4)(b) and (c) (evidence and information),
f
paragraph 35(1) of Schedule 5 (sums to be disregarded in the calculation of income other than earnings),
g
paragraph 24(1) of Schedule 6 (capital to be disregarded) where it first occurs,
for “Funds” substitute “Fund (2006)”.
5
In regulation 53(1) (interpretation)—
a
in the definition of “contribution” for “Further and Higher Education (Scotland) Act 1992” substitute “Education (Scotland) Act 1980”;
b
in the definition of “standard maintenance grant” omit “and paid under the Further and Higher Education (Scotland) Act 1992”.
6
In regulation 74(7)(b) (non-dependant deductions) for “a Youth Training Scheme” substitute “youth training”.
7
In paragraph 9 of Schedule 273 (excluded tenancies) for “section 9(1) of the Criminal Justice and Court Services Act 2000” substitute “section 13 of the Offender Management Act 2007”.
8
In paragraph 15(2)(b) of Schedule 3 (applicable amounts) for “regulation 24(2)” substitute “regulation 28(11)(e)”.
9
In Schedule 5 (sums to be disregarded in the calculation of income other than earnings)—
a
in paragraph 28, for “23C or 24” substitute “23B, 23C or 24A”;
b
omit paragraph 40.
10
In Schedule 6 (capital to be disregarded)—
a
in paragraph 19, after “section 17,” insert “ 23B, ” and for “28” substitute “29”;
b
in paragraph 3474 omit “, the Independent Living (1993) Fund”;
c
omit paragraph 36.
11
In paragraphs (4)(d), (6) and (7) of this regulation the references to regulation 74 and Schedule 2 mean regulation 74 of and Schedule 2 to the Housing Benefit Regulations 2006—
a
as substituted by regulations 14 and 18 of the Housing Benefit (Local Housing Allowance and Information Sharing) Amendment Regulations 200775; and
b
as in force for cases to which regulation 14 and 18 of those Regulations do not have effect (non-local housing allowance cases).