Regulation 2 Amendment of regulation 63 of the Housing Benefit Regulations

In regulation 63 of the Housing Benefit Regulations (non-dependant deductions)—

(a)

in paragraph (1)—

(i)

in sub-paragraph (a), for the sum “£13.50” there shall be substituted the sum “ £18.00 ”;

(ii)

in sub-paragraph (b), for the sum “£5.70” there shall be substituted the sum “ £4.00 ”;

(b)

in paragraph (2), for the words from “is less than £62.15” to the end there shall be substituted the following—

“is—
(a)
less than £65.00, the deduction to be made under this regulation shall be that specified in paragraph 1(b);
(b)
not less than £65.00 but less than £100.00, the deduction to be made under this regulation shall be £8.00;
(c)
not less than £100.00 but less than £130.00, the deduction to be made under this regulation shall be £12.00.”;

(c)

in paragraph (6), for sub-paragraph (b) there shall be substituted the following sub-paragraph—

“(b)
receiving in respect of himself either—
(i)
attendance allowance; or
(ii)
the care component of the disability living allowance.”;

(d)

in paragraph (7)—

(i)

in sub-paragraph (d), for the words “remunerative work.” there shall be substituted the words “ remunerative work; or ”;

(ii)

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

“(e)
he is not residing with the claimant because he has been a patient for a period in excess of six weeks, or a prisoner, and forthese purposes—
(i)
“patient” has the meaning given in paragraph (2) of regulation 18 (patients),
(ii)
the period of six weeks shall be calculated by reference to paragraph (3) of that regulation as if that paragraph applied in his case, and
(iii)
“prisoner” means a person who is detained in custody pending trial or sentence upon conviction or under a sentence imposed by a court other than a person whose detention is under the Mental Health Act 1983 or the Mental Health (Scotland) Act 1984.”;

(e)

After paragraph (8) there shall be added the following paragraph—

“(9)
In the case of a non-dependant to whom paragraph (2) applies because he is in remunerative work, there shall be disregarded from his weekly gross income any attendance allowance or disability living allowance received by him.”