SCHEDULE 1 Consequential amendments to secondary legislation

PART 1 Employment and Support Allowance: amendments to secondary legislation consequential on removal of work-related activity component

Amendments to the Housing Benefit Regulations 2006

6.—(1) The Housing Benefit Regulations 2006(1) 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”.

(1)

S.I. 2006/213; relevant amending instruments are S.I. 2008/1042, 2008/1082, 2008/2428, 2013/443, 2013/630 and 2015/457.