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—

    1. a

      Part 5 of the Employment and Support Allowance Regulations 2008 other than by virtue of regulation 30 of those Regulations; or

    2. 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”.