The Housing Benefit (General) Amendment No. 4 Regulations 1988

• Citation: S.I. 1988/1971
• Sections: 21

Section 1 Citation, commencement and interpretation

(1) These Regulations may be cited as the Housing Benefit (General) Amendment No. 4 Regulations 1988 and shall come into force on 5th December 1988.

(2) In these Regulations “the General Regulations ” means the Housing Benefit (General) Regulations 1987 .

Section 2 Amendment of regulation 2 of the General Regulations

In regulation 2(1) of the General Regulations (interpretation) for the definition of “polygamous marriage” there shall be substituted the following definition—

“polygamous marriage” means any marriage during the subsistence of which a party to it is married to more than one person and the ceremony of marriage took place under the law of a country which permits polygamy;

Section 3 Amendment of regulation 5 of the General Regulations

In regulation 5(9) of the General Regulations (circumstances in which a person is or is not to be treated as occupying a dwelling as his home) in paragraph (b) of the definition of “residential accommodation” there shall be added at the end the words “where board is available to the claimant”.

Section 4 Amendment of regulation 8 of the General Regulations

In regulation 8(2)(b)(ii) of the General Regulations (eligible housing costs) for the word “or;” there shall be substituted the words “where board is available to the claimant; or”.

Section 5 Amendment of regulation 10 of the General Regulations

In regulation 10(1)(i) of the General Regulations (rent) after the words “a dwelling” there shall be inserted the words “which is a building or part of one”.

Section 6 Amendment of regulation 21 of the General Regulations

In regulation 21(2) of the General Regulations (calculation of income on a weekly basis) for the words “regulations 27(3)” to the end of that regulation there shall be substituted the words “regulations 34 and 35 (capital treated as income and notional income).”.

Section 7 Omission of regulation 27 of the General Regulations

Regulation 27 of the General Regulations (treatment of charitable or voluntary payments) shall be omitted.

Section 8 Amendment of regulation 33 of the General Regulations

In regulation 33(1) of the General Regulations (calculation of income other than earnings) for the words “regulation 27(3) and 34 (charitable or voluntary payments and capital treated as income)” there shall be substituted the words “regulation 34 (capital treated as income)”.

Section 9 Amendment of regulation 35 of the General Regulations

In regulation 35 of the General Regulations (notional income)—

(a) for paragraph (3) there shall be substituted the following paragraph—

(3) Any payment of income, other than a payment of income made under the Macfarlane Trust or the Independent Living Fund, made—

(a) to a third party in respect of a single claimant or in respect of a member of the family (but not a member of the third party’s family) shall be treated as possessed by that single claimant or by that member to the extent that it is used for the food, ordinary clothing or footwear, household fuel, eligible rent or rates or both, of that single claimant or, as the case may be, of any member of that family;

(b) to a single claimant or a member of the family in respect of a third party (but not in respect of another member of that family) shall be treated as possessed by that single claimant or, as the case may be, that member of the family to the extent that it is kept or used by him or used by or on behalf of any member of the family.

(b) after paragraph (7) there shall be added the following paragraph—

(8) In paragraph (3) the expression “ordinary clothing or footwear” means clothing or footwear for normal daily use, but does not include school uniforms, or clothing or footwear used solely for sporting activities.

Section 10 Amendment of regulation 38 of the General Regulations

In regulation 38(1) of the General Regulations (calculation of capital) for the words “regulations 27(2) and 40 (treatment of charitable or voluntary payments and income treated as capital)” there shall be substituted the words “regulation 40 (income treated as capital)”.

Section 11 Amendment of regulation 40 of the General Regulations

In regulation 40 of the General Regulations (income treated as capital)—

(a) in paragraph (1) the word “annual” shall be omitted; and after the word “applies” there shall be inserted the words “and paid at intervals of at least one year”;

(b) in paragraph (4) for the words “or 13” there shall be substituted the words “, 13 or 24 to 27”.

Section 12 Amendment of regulation 43 of the General Regulations

In regulation 43 of the General Regulations (notional capital)—

(a) for paragraph (3) there shall be substituted the following paragraph—

(3) Any payment of capital, other than a payment of capital made under the Macfarlane Trust or the Independent Living Fund, made—

(a) to a third party in respect of a single claimant or in respect of a member of the family (but not a member of the third party’s family) shall be treated as possessed by that single claimant or by that member to the extent that it is used for the food, ordinary clothing or footwear, household fuel, eligible rent or rates or both, of that single claimant or, as the case may be, of any member of that family;

(b) to a single claimant or a member of the family in respect of a third party (but not in respect of another member of that family) shall be treated as possessed by that single claimant or, as the case may be, that member of the family to the extent that it is kept or used by him or used by or on behalf of any member of the family.

(b) after paragraph (6) there shall be added the following paragraph—

(7) In paragraph (3) the expression “ordinary clothing or footwear” means clothing or footwear for normal daily use but does not include school uniforms, or clothing or footwear used solely for sporting activities.

Section 13 Amendment of regulation 44 of the General Regulations

In regulation 44 of the General Regulations (capital jointly held) at the end there shall be added the words “and the foregoing provisions of this Chapter shall apply for the purposes of calculating the amount of capital which the claimant is treated as possessing as if it were actual capital which the claimant does possess.”.

Section 14 Amendment of regulation 45 of the General Regulations

In regulation 45(3) of the General Regulations (calculation of tariff income from capital) for the words “regulations 27(2) and 40 (charitable or voluntary payments and income treated as capital)” there shall be substituted the words “regulation 40 (income treated as capital)”.

Section 15 Amendment of regulation 46 of the General Regulations

In regulation 46 of the General Regulations (interpretation) in the definition of “education authority” after the words “Education (Scotland) Act” there shall be inserted “1980”.

Section 16 Amendment of regulation 66 of the General Regulations

In regulation 66 of the General Regulations (benefit period)—

(a) in paragraph (3) for the words “paragraph (4)” there shall be substituted the words “paragraph (3A) or (4)”;

(b) after paragraph (3) there shall be inserted the following paragraph—

(3A) Where, in Scotland, an award is made in consequence of a claim made in the period from 5th December 1988 to 31st March 1989 the benefit period shall not exceed 80 benefit weeks.

Section 17 Amendment of regulation 105 of the General Regulations

In regulation 105(1) of the General Regulations (recovery of overpayments from prescribed benefits) sub-paragraph (d) shall be omitted.

Section 18 Amendment of Schedule 2 to the General Regulations

In Schedule 2 to the General Regulations (applicable amounts)—

(a) in paragraph 12—

(i) in sub-paragraph (1)(a)(i) after the words “of that Act” there shall be inserted the words “but, in the case of invalidity pension or severe disablement allowance only where it is paid in respect of him”;

(ii) in sub-paragraph (1)(b) for the words “a period” there shall be substituted the words “a continuous period”;

(iii) after sub-paragraph (4) there shall be added the following sub-paragraph—

(5) For the purposes of sub-paragraph (1)(b), once the disability premium is applicable to a claimant by virtue of his satisfying the additional condition specified in that provision, he shall continue to be treated as satisfying that condition for any period spent by him in undertaking a course of training provided under section 2 of the Employment and Training Act 1973 .

(b) after paragraph 14 there shall be inserted the following paragraph—

Persons in receipt of concessionary payments

(14A) For the purpose of determining whether a premium is applicable to a person under paragraphs 12 to 14, any concessionary payment made to compensate that person for the non-payment of any benefit mentioned in those paragraphs shall be treated as if it were a payment of that benefit.

Section 19 Amendment of Schedule 3 to the General Regulations

In Schedule 3 to the General Regulations (sums to be disregarded in the calculation of earnings)—

(a) for paragraphs 1 and 2 there shall be substituted the following paragraphs—

(1) In the case of a claimant who has been engaged in remunerative work as an employed earner or, had the employment been in Great Britain, would have been so engaged—

(a) any earnings paid or due to be paid in respect of that employment which has been terminated—

(i) by way of retirement but only if on retirement he is entitled to a retirement pension under the Social Security Act, or would be so entitled if he satisfied the contribution conditions;

(ii) otherwise than by retirement except earnings, to which regulation 28(1)(b) to (e) and (g) to (i) (earnings of employed earners) applies;

(b) any earnings paid or due to be paid in respect of that employment which has been interrupted except earnings to which regulation 28(1)(d) and (e) applies.

(2) In the case of a claimant who has been engaged in part-time employment as an employed earner or had the employment been in Great Britain would have been so engaged before he made a claim for housing benefit, any earnings paid or due to be paid in respect of that employment which has been terminated or interrupted before the claim is made except earnings to which regulation 28(1)(e) applies.

(b) in paragraph 3—

(i) in sub-paragraph (1)(b)(ii) for the words “he has attained the age of 60 and immediately before attaining that age” there shall be substituted the words “he or his partner has attained the age of 60 and immediately before attaining that age either”;

(ii) in sub-paragraph (1)(b)(iii) for the words “he has” there shall be substituted the words “either he or his partner has”.

Section 20 Amendment of Schedule 4 to the General Regulations

In Schedule 4 to the General Regulations (sums to be disregarded in the calculation of income other than earnings)—

(a) in paragraph 15—

(i) in sub-paragraph (1) for the words “or 13” there shall be substituted the words “, 13 or 24 to 27”;

(ii) in sub-paragraph (2) for the words “or 4” there shall be substituted the words “, 4 or 24 to 27”;

(b) in paragraph 24 for the words “section 12” there shall be substituted the words “section 21”;

(c) after paragraph 35 there shall be added the following paragraphs—

(36) Any payment made by the Secretary of State to compensate for the loss of housing benefit supplement under regulation 19 of the Supple-mentary Benefit (Requirements) Regulations 1983 .

(37) Any resettlement benefit which is paid to the claimant by virtue of regulation 3 of the Social Security (Hospital In-Patients) Amendment (No. 2) Regulations 1987 .

(38) Any payment to a juror or witness in respect of attendance at a court other than compensation for loss of earnings or for the loss of a benefit payable under the benefit Acts.

(39) Any housing benefit in the form of a community charge rebate.

Section 21 Amendment of Schedule 5 to the General Regulations

In Schedule 5 to the General Regulations (capital to be disregarded)—

(a) in paragraph 2 after the words “intends to occupy” there shall be inserted the words “as his home”;

(b) for paragraph 4 there shall be substituted the following paragraph—

(4) Any premises occupied in whole or in part—

(a) by a partner or relative of any member of the family where that person is either aged 60 or over or incapacitated;

(b) by the former partner of the claimant as his home; but this provision shall not apply where the former partner is a person from whom the claimant is estranged or divorced.

(c) for paragraph 26 there shall be substituted the following paragraph—

(26) Any premises which the claimant intends to occupy as his home, and in respect of which he is taking steps to obtain possession and has sought legal advice, or has commenced legal proceedings, with a view to obtaining possession, for a period of 26 weeks from the date on which he first sought such advice or first commenced such proceedings whichever is the earlier, or such longer period as is reasonable in the circumstances to enable him to obtain possession and commence occupation of those premises.

(d) after paragraph 28 there shall be added the following paragraphs—

(29) Any payment made by the Secretary of State to compensate for the loss of housing benefit supplement under regulation 19 of the Supplementary Benefit (Requirements) Regulations 1983.

(30) The value of the right to receive an occupational pension.

(31) The value of the right to receive any rent.

(32) Any payment in kind made by a charity.

(33) Any payment not exceeding £200 made under section 2 of the Employment and Training Act 1973 (functions of the Secretary of State) as a training bonus to a person participating in an arrangement for training made under that section, but only for a period of 52 weeks from the date of the receipt of that payment.

(34) Any housing benefit in the form of a community charge rebate.