Housing Benefit (General) Amendment No. 4 Regulations 1988
| Jurisdiction | UK Non-devolved |
| Citation | SI 1988/1971 |
| Year | 1988 |
1988 No. 1971
HOUSING, ENGLAND AND WALES
HOUSING, SCOTLAND
The Housing Benefit (General) Amendment No. 4 Regulations 1988
Made 10th November 1988
Laid before Parliament 14th November 1988
Coming into force 5th December 1988
The Secretary of State for Social Security in exercise of powers conferred by sections 20(8) and (12)(g), 22(1), (8) and (9), 29(7), 51(1)(m) and 84(1) of the Social Security Act 19861and section 166(1) to (3A) of the Social Secutity Act 19752and of all other powers enabling him in that behalf, after consultation with organisations appearing to him to be representative of authorities concerned3, and after agreement by the Social Security Advisory Committee that proposals to make these Regulations in so far as they are made under the powers in section 51(1) of the Social Security Act 1986 should not be referred to it4, by this instrument which is otherwise made before the end of a period of 12 months from the commencement of the enactments under which it is made, hereby makes the following Regulations:—
Citation, commencement and interpretation
1.—(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 19875.
Amendment of regulation 2 of the General Regulations
2. 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;”.
Amendment of regulation 5 of the General Regulations
3. 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”.
Amendment of regulation 8 of the General Regulations
4. 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”.
Amendment of regulation 10 of the General Regulations
5. 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”.
Amendment of regulation 21 of the General Regulations
6. 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).”.
Omission of regulation 27 of the General Regulations
7. Regulation 27 of the General Regulations (treatment of charitable or voluntary payments) shall be omitted.
Amendment of regulation 33 of the General Regulations
8. 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)”.
Amendment of regulation 35 of the General Regulations
9. 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.”.
Amendment of regulation 38 of the General Regulations
10. 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)”.
Amendment of regulation 40 of the General Regulations
11. 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”.
Amendment of regulation 43 of the General Regulations
12. 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.”.
Amendment of regulation 44 of the General Regulations
13. In regulation 44 of the General Regulations (capital jointly held) at the end there...
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