Regulation 12 Amendment of the Housing Benefit Regulations 2006

(1)

The Housing Benefit Regulations 2006 are amended as follows.

(2)

In regulation 37 (earnings of self-employed earners)—

(a)

in paragraph (1), for “paragraph (2)” substitute “paragraphs (2) and (2A)”;

(b)

after paragraph (2) insert—

“(2A)
Earnings shall also not include any payment made in accordance with section 26A of the Children (Scotland) Act 1995 (duty to provide continuing care)—

(a)
to a claimant; or

(b)
where paragraph (2B) applies, to another person (“A”) which A passes on to the claimant.

(2B)
This paragraph applies only where A—

(a)
was formerly in the claimant’s care;

(b)
is aged 16 or over; and

(c)
continues to live with the claimant.”.