The Social Services and Well-being (Wales) Act 2014 and the Regulation and Inspection of Social Care (Wales) Act 2016 (Consequential Amendments) Order 2017

Amendment of the Housing Benefit Regulations 2006

11.—(1) The Housing Benefit Regulations 2006(1) are amended as follows.

(2) In regulation 2 (interpretation), in paragraph (1), in the definition of “young individual”, in sub-paragraph (c), after “1989” insert “or section 76 of the Social Services and Well-being (Wales) Act 2014”.

(3) In regulation 21 (circumstances in which a person is to be treated as being or not being a member of the household), in paragraph (3)(a) after “Children Act 1989” insert “or section 81(2) of the Social Services and Well-being (Wales) Act 2014”.

(4) In regulation 52 (calculation of tariff income from capital), in paragraph (8)(a) after “establishments)” insert “or under section 35 or 36 of the Social Services and Well-being (Wales) Act 2014 (duty and power to meet care and support needs of an adult)”.

(5) In regulation 56 (full-time students to be treated as not liable to make payments in respect of a dwelling), in paragraph (2)(g)—

(a) at the end of paragraph (i) omit “or”;

(b) after paragraph (i) insert—

“(ia) in Wales, placed by a local authority under section 81(2) of the Social Services and Well-being (Wales) Act 2014; or”.

(6) In regulation 59 (calculation of grant income), in paragraph (2)(i), after “1989” insert “or Part 6 of the Social Services and Well-being (Wales) Act 2014”.

(7) In Schedule 5 (sums to be disregarded in the calculation of income other than earnings)—

(a) in paragraph 26, after sub-paragraph (a)(i) insert—

“(ia) section 81(2) of the Social Services and Well-being (Wales) Act 2014 (ways in which looked after children are to be accommodated and maintained),”;

(b) in paragraph 27, after sub-paragraph (dza) insert—

“(dzb) the person concerned where the payment is for the provision of accommodation to meet that person’s needs for care and support under section 35 or 36 of the Social Services and Well-being (Wales) Act 2014 (duty and power to meet care and support needs of an adult);”;

(c) in paragraph 28, at the end insert “or section 37 or 38 of the Social Services and Well-being (Wales) Act 2014, but excluding any direct payment made in accordance with regulations made under section 51 of that Act, or section 109, 110, 114 or 115 of that Act”;

(d) in paragraph 28A, in sub-paragraph (1), after “young persons)” insert “or section 110 of the Social Services and Well-being (Wales) Act 2014 (support for category 3 young people)”;

(e) in paragraph 57, at the end insert “or in accordance with regulations made under section 50 or 52 of the Social Services and Well-being (Wales) Act 2014 (direct payments)”.

(8) In Schedule 6 (capital to be disregarded)—

(a) in paragraph 19, at the end insert “or section 37 or 38 of the Social Services and Well-being (Wales) Act 2014, but excluding any direct payment made in accordance with regulations made under section 51 of that Act, or section 109, 110, 114 or 115 of that Act”;

(b) in paragraph 19A, in sub-paragraph (1), after “young persons)” insert “or section 110 of the Social Services and Well-being (Wales) Act 2014 (support for category 3 young people)”;

(c) in paragraph 44, after “1958” insert “or under Part 4 of the Social Services and Well-being (Wales) Act 2014”;

(d) in paragraph 58, at the end insert “, or in accordance with regulations made under section 50 or 52 of the Social Services and Well-being (Wales) Act 2014 (direct payments)”.

(1)

S.I. 2006/213; relevant amending instruments are S.I. 2007/2868, 2008/698, 2008/2767, 2009/583, 2010/641, 2010/2429, 2010/2449, 2010/2835, 2011/1736, 2011/1740, 2013/1465, 2014/513, 2015/643 and 2016/732.