{
  "url": "https://openlegislation.uk/social-security-miscellaneous-amendments-no-2-regulations-2005/regulation-5",
  "json_url": "https://openlegislation.uk/social-security-miscellaneous-amendments-no-2-regulations-2005/regulation-5.json",
  "legislation": "uksi/2005/2465",
  "legislation_title": "The Social Security (Miscellaneous Amendments) (No. 2) Regulations 2005",
  "legislation_url": "https://openlegislation.uk/social-security-miscellaneous-amendments-no-2-regulations-2005",
  "path": "regulation/5",
  "kind": "regulation",
  "number": "5",
  "heading": "Amendment of the Housing Benefit Regulations",
  "text": "(1) The Housing Benefit Regulations are amended as follows .\n(2) In regulation 35(2)(c) (notional income), after “personal pension scheme” insert “ , occupational pension scheme ”.\n(3) In regulation 43(2)(d) (notional capital) , after “personal pension scheme” insert “ , occupational pension scheme ”.\n(4) In regulation 45 (calculation of tariff income from capital)—\n(a) in paragraph (1)—\n(i) omit “(1ZA) or”, and\n(ii) for “£3,000” (in both places) substitute “ £6,000 ”;\n(b) omit paragraph (1ZA);\n(c) in paragraphs (2) and (3) omit “, (1ZA)”.\n(5) In Schedule 4 (sums to be disregarded in the calculation of income other than earnings)—\n(a) the existing provisions of paragraph 21 shall become sub-paragraph (1) of that paragraph;\n(b) after that sub-paragraph insert—\n“(2) The reference in sub-paragraph (1) to “income in kind” does not include a payment to a third party made in respect of the claimant which is used by the third party to provide benefits in kind to the claimant.”;\n(c) in paragraph 23(1)(a) , for “in accordance with regulations made pursuant to section 57A of the Adoption Act 1976 (permitted allowances) or paragraph 3 of Schedule 4 to the Adoption and Children Act 2002 or” substitute “ pursuant to regulations under section 2(6)(b), 3 or 4 of the Adoption and Children Act 2002 or in accordance ”;\n(d) for paragraph 23(1A) substitute—\n“(1A) Any payment, other than a payment to which sub-paragraph (1)(a) applies, made to the claimant pursuant to regulations under section 2(6)(b), 3 or 4 of the Adoption and Children Act 2002.”.\n(6) In Schedule 5 (capital to be disregarded), for paragraph 70 substitute—\n“\n70 Any payment made to the claimant pursuant to regulations under section 2(6)(b), 3 or 4 of the Adoption and Children Act 2002.”.",
  "extent": null,
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "F",
      "label": "F1",
      "text": "Reg. 5(2)-(4) revoked (6.3.2006) by The Housing Benefit and Council Tax Benefit (Consequential Provisions) Regulations 2006 (S.I. 2006/217), reg. 1(1), Sch. 2 para. 28(4) (with regs. 2, 3, Sch. 3, 4)"
    },
    {
      "type": "F",
      "label": "F2",
      "text": "Reg. 5(5)(6) revoked (6.3.2006) by The Housing Benefit and Council Tax Benefit (Consequential Provisions) Regulations 2006 (S.I. 2006/217), reg. 1(1), Sch. 1 (with regs. 2, 3, Sch. 3, 4)"
    },
    {
      "type": "M",
      "label": "M1",
      "text": "Regulations 21 to 45 of the Housing Benefit Regulations are modified in relation to any person who has attained the qualifying age for state pension credit: see S.I. 2003/325, regs. 2(1) and 8. However the amendments made by these Regulations are to regs. 35, 43 and 45 of the Housing Benefit Regulations as not so modified."
    },
    {
      "type": "M",
      "label": "M2",
      "text": "Paragraph (2)(d) was inserted by S.I. 1995/2303, reg. 5(7)."
    },
    {
      "type": "M",
      "label": "M3",
      "text": "Regulation 45 was amended by S.I. 1990/671, reg. 4(2), S.I. 1996/462, reg. 12(2)(b) and S.I. 2000/2545, reg. 2(4)."
    },
    {
      "type": "M",
      "label": "M4",
      "text": "Paragraph 21 was amended by S.I. 2000/636, reg. 6(6)."
    },
    {
      "type": "M",
      "label": "M5",
      "text": "Paragraph 23(1)(a) was amended by S.I. 1992/432, Schedule 1, paragraph 3, and S.I. 2003/2279, reg. 4(5)(a)(i)."
    },
    {
      "type": "M",
      "label": "M6",
      "text": "Paragraph 23(1A) was inserted by S.I. 2003/2279, reg. 4(5)(a)(ii)."
    },
    {
      "type": "M",
      "label": "M7",
      "text": "Paragraph 70 was added by S.I. 2003/2279, reg. 4(6)(e)."
    }
  ],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/uksi/2005/2465/regulation/5",
    "retrieved_at": "2026-10-29T04:52:59.925015+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}