Regulation 5 Amendment of the Housing Benefit Regulations 2006
The Housing Benefit Regulations 2006f1 are amended as follows.
In regulation 2(1) (interpretation)—
after the definition of “MFET Limited” insert—
““miscarriage of justice compensation payment” means—
- (a)
a payment made under section 133(1) of the Criminal Justice Act 1988f2; or
- (b)
any other payment made by the Secretary of State, the Scottish Ministers or, in Northern Ireland, the Department of Justice, for the purpose of compensating a person—
- (i)
for a miscarriage of justice in criminal proceedings, or
- (ii)
for being wrongfully charged with a criminal offence;”;
in the definition of “qualifying person” for “or an LGBT Financial Recognition Scheme payment” substitute “, an LGBT Financial Recognition Scheme payment or a miscarriage of justice compensation payment”.
In regulation 42(7A) (notional income) after sub-paragraph (e) insert—
“;
(f)a miscarriage of justice compensation payment.”.
In regulation 46(6) (income treated as capital) after “an LGBT Financial Recognition Scheme payment” insert “, a miscarriage of justice compensation payment”.
In regulation 49(4A) (notional capital) after sub-paragraph (f) insert—
“;
(g)a miscarriage of justice compensation payment.”.
In regulation 74(9) (non-dependant deductions) after sub-paragraph (be) insert—
“(bf)any miscarriage of justice compensation payment;”.
In Schedule 5 (sums to be disregarded in the calculation of income other than earnings), in paragraph 35—
in sub-paragraph (1A) after paragraph (e) insert—
“;
(f)miscarriage of justice compensation payment.”;
in each of sub-paragraphs (2) to (6) for “or an LGBT Financial Recognition Scheme payment” substitute “, an LGBT Financial Recognition Scheme payment or a miscarriage of justice compensation payment”.
In Schedule 6 (capital to be disregarded), in paragraph 24—
in sub-paragraph (1A) for “or LGBT Financial Recognition Scheme payment” substitute “, LGBT Financial Recognition Scheme payment or miscarriage of justice compensation payment”;
in each of sub-paragraphs (2) to (5) and (6) for “or an LGBT Financial Recognition Scheme payment” substitute “, an LGBT Financial Recognition Scheme payment or a miscarriage of justice compensation payment”.