# The Social Security (Miscellaneous Amendments) Regulations 2004, Regulation 3: Amendment of the Housing Benefit (General) Regulations 1987 in relation to income and capital disregards


(1) The Housing Benefit (General) Regulations 1987 shall be amended in accordance with this regulation.
(2) In regulation 2(1) (interpretation) omit the definition of “ERA payment”.
(3) In Schedule 4 (sums to be disregarded in the calculation of income other than earnings)—
(a) for paragraph 11 substitute the following paragraph—
“
11 (1) Any payment made pursuant to section 2 of the Employment and Training Act 1973 or section 2 of the Enterprise and New Towns (Scotland) Act 1990 except—
(a) a payment made as a substitute for income support, a jobseeker’s allowance, incapacity benefit or severe disablement allowance;
(b) a payment of an allowance referred to in section 2(3) of the Employment and Training Act 1973 or section 2(5) of the Enterprise and New Towns (Scotland) Act 1990;
(c) a payment intended to meet the cost of living expenses which relate to any one or more of the items specified in sub-paragraph (2) whilst a claimant is participating in an education, training or other scheme to help him enhance his employment prospects unless the payment is a Career Development Loan paid pursuant to section 2 of the Employment and Training Act 1973 and the period of education or training or the scheme, which is supported by that loan, has been completed; or
(d) for the purpose only of assessing entitlement to housing benefit in respect of a dwelling other than the one which the claimant normally occupies as his home, a payment made to a person to whom regulation 5(5)(b) (circumstances in which a person is or is not to be treated as occupying a dwelling as his home) applies to the extent that the payment is made in respect of the cost of living away from home.
(2) The items specified in this sub-paragraph for the purposes of sub-paragraph (1)(c) are food, ordinary clothing or footwear, household fuel or rent of the claimant or, where the claimant is a member of a family, any other member of his family, or any council tax or water charges for which that claimant or member is liable.
(3) For the purposes of this paragraph—
“ordinary clothing or footwear” means clothing or footwear for normal daily use, but does not include school uniforms, or clothing or footwear used solely for sporting activities; and
“rent” means eligible rent less any deductions in respect of non-dependants which fall to be made under regulation 63 (non-dependant deductions).”;
(b) in paragraph 49 omit from “or in accordance with” to “Act 1973”;
(c) omit paragraphs 63 , 64 , 64A , 65 , 68 , 76 and 77 .
(4) In Schedule 5 (capital to be disregarded)—
(a) for paragraph 33 substitute the following paragraph—
“
33 Any payment made pursuant to section 2 of the Employment and Training Act 1973 or section 2 of the Enterprise and New Towns (Scotland) Act 1990, but only for the period of 52 weeks beginning on the date of receipt of the payment.”;
(b) in paragraph 43 omit—
(i) “, or a training bonus under section 2 of the Employment and Training Act 1973”; and
(ii) from “or in accordance with” to “Act 1973”;
(c) omit paragraphs 53 , 53A , 54 , 56 , 65 , 71 and 72 .

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Source: https://www.legislation.gov.uk/uksi/2004/565/regulation/3 (the official version)
Page: https://openlegislation.uk/social-security-miscellaneous-amendments-regulations-2004/regulation-3
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.