Regulation 6 Amendment of regulation 34A of the principal Regulations

in paragraph (3) for sub-paragraphs (b) and (c) there shall be substituted the following sub-paragraphs–

“(b)

if the claimant would, but for regulation 43(1) of the Housing Benefit (General) Regulations 1987^f2 (notional capital), have been entitled to housing benefit or to an additional amount of housing benefit in respect of the benefit week in which the date of the last claim for family credit falls, the amount (if any) which is equal to–

(i)

in a case where no housing benefit is payable, the amount to which he would have been entitled, or

(ii)

in any other case, the amount equal to the additional amount of housing benefit to which he would have been entitled; and

(c)

if the claimant would, but for regulation 33(1) of the Community Charge Benefits (General) Regulations 1989^f3 (notional capital) have been entitled to community charge benefit or to an additional amount of community charge benefit in respect of the benefit week in which the date of the last claim for family credit falls, the amount (if any) which is equal to–

(i)

in a case where no community charge benefit is payable, the amount to which he would have been entitled, or

(ii)

in any other case, the amount equal to the additional amount of community charge benefit to which he would have been entitled.”; and

in paragraph (4) for sub-paragraphs (b) and (c) there shall be substituted the following sub-paragraphs–

“(b)

if the claimant would, but for regulation 43(1) of the Housing Benefit (General) Regulations 1987 have been entitled to housing benefit or to an additional amount of housing benefit in respect of the benefit week in which the first day of the relevant week falls, the amount (if any) which is equal to–

(i)

in a case where no housing benefit is payable, the amount to which he would have been entitled, or

(ii)

in any other case, the amount equal to the additional amount of housing benefit to which he would have been entitled; and

(c)

if the claimant would, but for regulation 33(1) of the Community Charge Benefits (General) Regulations 1989 have been entitled to community charge benefit or to an additional amount of community charge benefit in respect of the benefit week in which the first day of the relevant week falls, the amount (if any) which is equal to–

(i)

in a case where no community charge benefit is payable, the amount to which he would have been entitled, or

(ii)

in any other case, the amount equal to the additional amount of community charge benefit to which he would have been entitled.”.