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 (Persons who have attained the qualifying age for state pension credit) Regulations 2006

12.—(1) The Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 2006(1) are amended as follows.

(2) In regulation 13D (determination of a maximum rent (LHA)), in paragraph (12), in sub-paragraph (b) of the definition of “care leaver”, 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 38 (earnings of self-employed earners), in paragraph (2)—

(a) in sub-paragraph (b)(i), after “or, as the case may be,” insert “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 sub-paragraph (d)—

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

(ii) after sub-paragraph (vii) insert—

“ or

(viii) 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);”.

(5) In Schedule 6 (capital to be disregarded), in paragraph 26D—

(a) at the end of sub-paragraph (c) omit “or”;

(b) after sub-paragraph (d) insert—

“ or

(e) by virtue of regulations made under section 50 or 52 of the Social Services and Well-being (Wales) Act 2014 (direct payments).”.

(1)

S.I. 2006/214; relevant amending instruments are S.I. 2008/3157, 2010/2449, 2011/2425, 2011/1740, 2013/1465, 2015/643 and 2016/732.