SCHEDULE 1Consequential amendments to secondary legislation
PART 1Employment and Support Allowance: amendments to secondary legislation consequential on removal of work-related activity component
Amendments to the Housing Benefit Regulations 20066
1
The Housing Benefit Regulations 200614 are amended as follows.
2
In regulation 2 (interpretation), in paragraph (1) in the appropriate place insert—
“member of the work-related activity group” means a claimant who has or is treated as having limited capability for work under either—
- a
Part 5 of the Employment and Support Allowance Regulations 2008 other than by virtue of regulation 30 of those Regulations; or
- b
Part 4 of the Employment and Support Allowance Regulations 2013 other than by virtue of regulation 26 of those Regulations;
3
In regulation 22 (applicable amounts) for paragraph (e) substitute—
e
the amount of the support component which may be applicable to him in accordance with Part 5 of Schedule 3 (the component);
4
In regulation 23 (polygamous marriages) for paragraph (f) substitute—
f
the amount of the support component which may be applicable to him in accordance with Part 5 of Schedule 3 (the component);
5
In regulation 28 (treatment of child care charges), in paragraph (11)—
a
in sub-paragraph (a)—
i
omit “the work-related activity component”;
ii
after “support component or” insert “the other member is a member of the work-related activity group”;
b
in sub-paragraph (ba)—
i
omit “the work-related activity component”;
ii
after “support component or” insert “the other member would be a member of the work-related activity group”.
6
In regulation 74 (non-dependant deductions) in paragraph (8)(a)—
a
omit “and the work-related activity component”;
b
after “(the support component)” insert “or where the non-dependant is not a member of the work-related activity group”.
7
In Schedule 3 (applicable amounts)—
a
in Part 5 (the components)—
i
in the heading, for “components” substitute “component”;
ii
in paragraph 21, in sub-paragraph (1)—
aa
for “one, but not both, of the components in paragraph 23 or” substitute “the component in paragraph”;
bb
for paragraph (b) substitute—
b
the Secretary of State has determined that the claimant or the claimant’s partner has or is treated as having limited capability for work-related activity; and
cc
in paragraph (c)(ii) omit “or the work-related activity component”;
iii
in paragraph 22 in sub-paragraphs (1) and (2) omit “23 or”;
iv
omit paragraph 23;
b
in Part 6 (amount of components)—
i
in the heading, for “components” substitute “component”;
ii
omit paragraph 25.
8
In Schedule 4 (sums to be disregarded in the calculation of earnings)—
a
in paragraph 3(2)—
i
omit “, work-related activity component”;
ii
after “Schedule 3 (applicable amounts)” insert “or where the claimant or the claimant’s partner is a member of the work-related activity group”;
b
in paragraph 17, in sub-paragraph (2)(b)(iv)—
i
in paragraph (aa)—
aa
omit “, the work-related activity component under paragraph 23 or”;
bb
after “of Schedule 3” insert “or the claimant or the claimant’s partner is a member of the work-related activity group”;
ii
in paragraph (bb)—
aa
omit “, the work-related activity component”;
bb
after “sub-head (aa) above,” insert “or at least one of the couple is a member of the work-related activity group”.