# The Social Security (Miscellaneous Amendments) (No. 2) Regulations 2005, Regulation 5: Amendment of the Housing Benefit Regulations


(1) The Housing Benefit Regulations are amended as follows .
(2) In regulation 35(2)(c) (notional income), after “personal pension scheme” insert “ , occupational pension scheme ”.
(3) In regulation 43(2)(d) (notional capital) , after “personal pension scheme” insert “ , occupational pension scheme ”.
(4) In regulation 45 (calculation of tariff income from capital)—
(a) in paragraph (1)—
(i) omit “(1ZA) or”, and
(ii) for “£3,000” (in both places) substitute “ £6,000 ”;
(b) omit paragraph (1ZA);
(c) in paragraphs (2) and (3) omit “, (1ZA)”.
(5) In Schedule 4 (sums to be disregarded in the calculation of income other than earnings)—
(a) the existing provisions of paragraph 21 shall become sub-paragraph (1) of that paragraph;
(b) after that sub-paragraph insert—
“(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.”;
(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 ”;
(d) for paragraph 23(1A) substitute—
“(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.”.
(6) In Schedule 5 (capital to be disregarded), for paragraph 70 substitute—
“
70 Any payment made to the claimant pursuant to regulations under section 2(6)(b), 3 or 4 of the Adoption and Children Act 2002.”.

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Source: https://www.legislation.gov.uk/uksi/2005/2465/regulation/5 (the official version)
Page: https://openlegislation.uk/social-security-miscellaneous-amendments-no-2-regulations-2005/regulation-5
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.