The Housing Benefit and Council Tax Benefit (Consequential Provisions) Regulations 2006

Made: 2nd February 2006

Laid before Parliament: 10th February 2006

Coming into force: 6th March 2006

The Secretary of State for Work and Pensions makes the following Regulations in exercise of the powers conferred upon him by sections 123(1)(d) and (e), 130(2) to (4), 131(3)(b), (5)(c)(ii), (7)(b) and (10), 132, 133(3) and (4), 134, 135(1), (2) and (6), 136, 136A(3) and (4)(a), 137(1) and (2)(c) to (f), (l) and (m) and 175(1) and (3) to (6) of the Social Security Contributions and Benefits Act 1992 , sections 1(1) and (1C), 5(1)(a) to (d) and (g) to (r) and (6), 6(1)(a) to (d), (g) to (r) and (u), 7(2), 7A, 75, 76(1) to (3), (6) and (8), 77(1), 113, 122E(3) and (4), 126A, 128A, 134(1A) and (8)(b), 138(1) and (9), 139(6)(b), 189(1) and (3) to (6) and 191 of the Social Security Administration Act 1992 , section 122(3) and (5) of the Housing Act 1996 and sections 34, 79(1) and (4) and 84 of the Social Security Act 1998 .

These Regulations are made for the purpose only of consolidating other regulations revoked by these Regulations .

In accordance with section 176(1) of the Social Security Administration Act 1992, the Secretary of State consulted with organisations appearing to him to be representative of the authorities concerned.

Citation, commencement and interpretation

1

• (1) These Regulations may be cited as the Housing Benefit and Council Tax Benefit (Consequential Provisions) Regulations 2006 and shall come into force on 6th March 2006.

• (2) In these Regulations—

• “the Act” means the Social Security Contributions and Benefits Act 1992;

• “the 1987 Regulations” means the Housing Benefit (General) Regulations 1987 ;

• “the 1992 Regulations” means the Council Tax Benefit (General) Regulations 1992 ;

• “Council Tax Benefit Regulations” means the Council Tax Benefit Regulations 2006 ;

• “the Council Tax Benefit (State Pension Credit) Regulations” means the Council Tax Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 2006 ;

• “the Housing Benefit Regulations” means the Housing Benefit Regulations 2006 ;

• “the Housing Benefit (State Pension Credit) Regulations” means the Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 2006 ;

• “the consolidating Regulations” means the Council Tax Benefit Regulations, the Council Tax Benefit (State Pension Credit) Regulations, the Housing Benefit Regulations and the Housing Benefit (State Pension Credit) Regulations.

Continuity of the law

2

• (1) The coming into force of the consolidating Regulations does not affect the continuity of the law.

• (2) Anything done or having effect as if done under or for the purposes of a provision revoked by these Regulations has effect, if it could have been done under or for the purposes of the corresponding provision of the consolidating Regulations, as if done under or for the purposes of that provision.

• (3) Any reference, whether express or implied, in the consolidating Regulations or any other instrument or document to a provision of the consolidating Regulations shall, in so far as the context permits, be construed as including, in relation to the times, circumstances and purposes in relation to which the corresponding provision of any regulation revoked by these Regulations has effect, a reference to that corresponding provision.

• (4) Any reference, whether express or implied, in any instrument or document to a provision of a regulation revoked by these Regulations shall be construed, so far as is required for continuing effect, as including a reference to the corresponding provision of the consolidating Regulations.

Revocations

3

• (1) The provisions specified in column 1 of Schedule 1 to these Regulations are revoked to the extent specified in column 3 of that Schedule.

• (2) The revocations have effect subject to any relevant savings in Schedule 3.

Documents referring to revoked provisions

4

Any document made, served or issued after the consolidating Regulations comes into force which contains a reference to any of the regulations revoked by these Regulations shall be construed, except so far as a contrary intention appears, as referring or, as the context may require, including a reference to the corresponding provision of the consolidating Regulations.

Consequential amendments

5

The amendments specified in Schedule 2 to these Regulations, which are consequential upon the consolidating Regulations, shall have effect.

Transitional provisions and savings

6

• (1) The provisions of Schedule 3 to these Regulations (which contains transitional provisions and savings) shall have effect.

• (2) The revocation by these Regulations of any provision previously repealed subject to savings does not affect the continued operation of those savings.

Transitory modifications

7

The transitory modifications in Schedule 4 to these Regulations shall have effect.

Amending Orders

8

An order which is made under section 150 of the Social Security Administration Act 1992 after the consolidating Regulations have been made and which amends any of the Regulations scheduled to be revoked by these Regulations shall have the effect also of making a corresponding amendment of the consolidating Regulations.

SCHEDULE 1 — Revocations

Statutory Instrument	Statutory Instrument number	Extent
The Housing Benefit (General) Regulations 1987	1987/1971	The whole Regulations.
The Housing Benefit (General) (Amendment) Regulations 1988	1988/661	The whole Regulations.
The Housing Benefit (Supply of Information) Regulations 1988	1988/662	The whole Regulations.
The Housing Benefit (General) Amendment No.2 Regulations 1988	1988/909	The whole Regulations.
The Housing Benefit (General) Amendment No.3 Regulations 1988	1988/1444	The whole Regulations.
The Housing Benefit (General) Amendment No.4 Regulations 1988	1988/1971	The whole Regulations.
The Housing Benefit (General) Amendment Regulations 1989	1989/416	The whole Regulations.
The Housing Benefit (General) Amendment No.2 Regulations 1989	1989/566	The whole Regulations.
The Housing Benefit (General) Amendment No.3 Regulations 1989	1989/1017	The whole Regulations.
The Income-related Benefits Scheme Amendment Regulations 1990	1990/127	Regulation 4.
The Housing Benefit (General) Amendment Regulations 1990	1990/546	The whole Regulations.
The Income-related Benefits (Miscellaneous Amendments) Regulations 1990	1990/671	Regulation 4.
The Social Security Benefits (Student Loans and Miscellaneous Amendments) 1990	1990/1549	Regulation 4 and, in so far as it has effect in relation to housing benefit, regulation 7.
The Income-related Benefits Amendment Regulations 1990	1990/1657	Regulation 4.
The Housing Benefit (General) (Amendment No.2) Regulations 1990	1990/1775	The whole Regulations.
The Social Security (Miscellaneous Provisions) Regulations 1990	1990/2208	Regulation 17.
The Housing Benefit (General) Amendment No.3 Regulations 1990	1990/2564	The whole Regulations.
The Housing Benefit (General) Amendment Regulations 1991	1991/235	The whole Regulations.
The Enterprise (Scotland) (Consequential Amendments) Order 1991	1991/387	Article 11 and the entry in the Schedule relating to the Housing Benefit (General) Regulations 1987.
The Income-related Benefit Schemes and Social Security (Recoupment) Amendment Regulations 1991	1991/1175	Regulation 4.
The Housing Benefit and Community Charge Benefits (Miscellaneous) Amendment Regulations 1991	1991/1599	The whole of the Regulations in so far as they are still in force.
The Income-related Benefits Schemes (Miscellaneous Provisions) Amendment Regulations 1991	1991/2695	Regulation 4.
The Disability Living Allowance and Disability Working Allowance (Consequential Provisions) Regulations 1991	1991/2742	Regulation 12.
The Income-related Benefits Schemes (Miscellaneous Amendments) Regulations 1992	1992/50	In regulation 1(1)—
		a in sub-paragraph (a) the words “, and regulation 2” to “multiple of a week”;
		b sub-paragraph (b).
		In regulation 1(2), the reference to the Housing Benefit Regulations.
		Regulation 2.
The Housing Benefit (General) Amendment Regulations 1992	1992/201	The whole Regulations.
The Housing Benefit and Community Charge Benefits (Miscellaneous Amendments) Regulations1992	1992/432	The whole Regulations, in so far as still in force.
The Income-related Benefits Schemes and Social Security (Recoupment) Amendment Regulations1992	1992/1101	In regulation 1(2), the reference to “the Housing Benefit Regulations”. Regulation 5.
The Income-related Benefits Schemes (Miscellaneous Amendments)(No.2) Regulations 1992	1992/1585	Regulation 1(1)(b) in so far as it relates to regulation 2(2)(d) and (3)'
		In regulation 1(2) the reference to the “Housing Benefit Regulations”‘’
		Regulations 2(2)(d) and 3.
The Council Tax Benefit (General) Regulations 1992	1992/1814	The whole Regulations.
The Housing Benefit and Community Charge Benefits (Miscellaneous Amendments)(No. 2) Amendments 1992	1992/2148	The whole Regulations, in so far as still in force.
The Social Security Benefits (Amendments Consequential Upon the Introduction of Community Care) Regulations 1992	1992/3147	In regulation 1(2), the definition of “the Housing Benefit Regulations”.
		Regulations 4 to 6.
The Housing Benefit (General) Amendment Regulations 1993	1993/317	The whole Regulations.
The Social Security Benefits (Miscellaneous Amendments) Regulations 1993	1993/518	Regulation 6.
The Council Tax Benefit (General) Amendment Regulations 1993	1993/688	The whole Regulations.
The Social Security Benefits (Miscellaneous Amendments) (No.2) Regulations 1993	1993/963	Regulations 4 and 5.
The Income-related Benefits Schemes (Miscellaneous Amendments) (No.2) Regulations 1993	1993/1150	In regulation 1(2), the definitions of “the Housing Benefit Regulations” and “the Council Tax Benefit Regulations”.
		Regulations 2 and 5.
The Income-related Benefits Schemes and Social Security (Recoupment) Amendment Regulations1993	1993/1249	In regulation 1(1)(a), the words “except for regulation 3(5)”.
		Regulations 1(1)(b), 2(b) and (e), 3 and 6.
The Social Security Benefits (Miscellaneous Amendments) (No.3) Regulations 1993	1993/1540	In regulation 1(3), the definition of “the Housing Benefit Regulations”.
		Regulations 2(2)(a) and (d) and 3.
The Housing Benefit and Council Tax Benefit (Miscellaneous Amendments) Regulations 1993	1993/2118	The whole Regulations.
The Housing Benefit and Council Tax Benefit (Amendment) Regulations 1994	1994/470	The whole Regulations.
The Housing Benefit and Council Tax Benefit (Miscellaneous Amendments) Regulations 1994	1994/578	The whole Regulations.
The Housing Benefit (General) Amendment Regulations 1994	1994/1003	The whole Regulations.
The Income-related Benefits Schemes (Miscellaneous Amendments) (No.2) Regulations 1994	1994/1608	In regulation 1(2), the definition of “the Housing Benefit Regulations”.
		Regulations 2(2)(a) and (d) and 3.
The Income-related Benefits Schemes (Miscellaneous Amendments) (No.3) Regulations 1994	1994/1807	Regulations 2 and 3.
The Income-related Benefits Schemes (Miscellaneous Amendments) (No.4) Regulations 1994	1994/1924	Regulations 2 and 5.
The Housing Benefit (Supply of Information) and Council Tax (General) Amendment Regulations 1994	1994/1925	The whole Regulations, in so far as still in force.
The Housing Benefit and Council Tax Benefit (Miscellaneous Amendments) (No.2) Regulations 1994	1994/2137	The whole of the Regulations.
The Income-related Benefits Schemes (Miscellaneous Amendments) (No. 6) Regulations 1994	1994/3061	Regulations 3 and 4.
The Housing Benefit and Council Tax Benefit (Amendment) Regulations 1995	1995/511	The whole Regulations.
The Housing Benefit and Council Tax Benefit (Miscellaneous Amendments) Regulations 1995	1995/560	The whole Regulations.
The Housing Benefit, Council Tax Benefit and Income Support (Amendments) Regulations 1995	1995/625	The whole of the Regulations, in so far as still in force.
The Housing Benefit and Council Tax Benefit (Miscellaneous Amendments)(No.2) Regulations 1995	1995/626	The whole Regulations, in so far as still in force.
The Housing Benefit (General) Regulations 1995	1995/1644	The whole Regulations.
The Income-related Benefits Schemes and Social Security (Claims and Payments) (Miscellaneous Amendments) Regulations 1995	1995/2303	In regulation 1, paragraph (2) and in paragraph (7) the definitions of “the Council Tax Benefit Regulations” and “the Housing Benefit Regulations”.
		Regulations 2, 5, 7 and 9.
The Income-related Benefits Schemes Amendment (No. 2) Regulations 1995	1995/2792	Regulations 2, 5, 7 and 8.
The Housing Benefit (General) Amendment (No.2) Regulations 1995	1995/2868	The whole Regulations.
The Income-related Benefits Schemes (Widows' etc. Pensions Disregards) Amendment Regulations 1995	1995/3282	Regulation 2(1)(a), (c) and (f).
The Social Security (Persons From Abroad) Miscellaneous Amendments Regulations 1996	1996/30	Regulations 3 and 7.
The Housing Benefit, Supply of Information and Council Tax Benefit (Amendment) Regulations 1996	1996/194	The whole Regulations.
The Income-related Benefits Schemes (Miscellaneous Amendments) Regulations 1996	1996/462	In regulation 1, paragraph (4) and in paragraph (6), the definitions of “the Council Tax Benefit Regulations” and “the Housing Benefit Regulations”.
		Regulations 3, 4, 5, 6 8(b) and (c), 9(2)(b) and (c) and 10 (2)(b) and (c).
		Regulation 11(2) in so far as still in force.
		Regulation 12(2).
The Housing Benefit (General) Amendment Regulations 1996	1996/965	The whole Regulations.
The Housing Benefit, Council Tax Benefit and Supply of Information (Jobseeker’s Allowance) (Consequential Amendment) Regulations 1996	1996/1510	The whole Regulations.
The Child Benefit, Child Support and Social Security (Miscellaneous Amendments) Regulations 1996	1996/1803	In regulation 1(1), the words “22 to 28, 30 and 35(b),”.
		Regulation 1(1)(c).
		In regulation 1(4), the definitions of “the Council Tax Benefit Regulations” and “the Housing Benefit Regulations”.
		Regulations 22 to 36.
The Income-related Benefits Schemes and Social Fund (Miscellaneous Amendments) Regulations 1996	1996/1944	In regulation 1, paragraphs (2) and (3),and in paragraph (8), the definitions of “the Council Tax Benefit Regulations” and “the Housing Benefit Regulations”;
		Regulations 2, 5, 7, 10 and 11;
		In regulation 13, the words “the Council Tax Benefit Regulations” and “the Housing Benefit Regulations”;
		In the Schedule, paragraphs 1(2)(a) and (d), 2(1) and (2), 4, 6 and 7(2)(a) and (d).
The Council Tax Benefit and Housing Benefit (Miscellaneous Amendments) Regulations 1996	1996/2432	The whole Regulations.
The Social Security (Non-Dependant Deductions) Regulations 1996	1996/2518	Regulation1(1)(a) and (b).
		Regulations 2 and 3.
The Income-related Benefits and Jobseeker’s Allowance (Personal Allowances for Children and Young Persons) (Amendment) Regulations 1996	1996/2545	In regulation 1, paragraphs (3) and (4) and in paragraph (6) the definitions of “the Council Tax Benefit Regulations” and “the Housing Benefit Regulations”.
		Regulations 2(7)(c) and (d) and 3.
		In regulation 10(1) the words “housing benefit or council tax benefit,”.
The Social Security (Child Maintenance Bonus) Regulations 1996	1996/3195	Regulation 15(c) and (d).
The Income-related Benefits and Jobseeker’s Allowance (Miscellaneous Amendments) Regulations 1997	1997/65	In regulation 1, paragraphs (4) and (5) and in paragraph (7) the definitions of “the Council Tax Benefit Regulations” and “the Housing Benefit Regulations”.
		Regulation 2(1) and (2)
		Regulation 3(3)(a) and (c).
		Regulations 11 to 15.
The Housing Benefit (General) Regulations 1997	1997/584	The whole Regulations.
The Housing Benefit and Council Tax Benefit (General) Amendment Regulations 1997	1997/852	The whole Regulations.
The Council Tax Benefit (General) Amendment Regulations 1997	1997/1841	The whole Regulations.
The Housing Benefit (General) Amendment (No. 2) Regulations 1997	1997/1974	The whole Regulations.
The Housing Benefit (General) Amendment (No. 3) Regulations 1997	1997/1975	The whole Regulations.
The Income-related Benefits and Jobseeker’s Allowance (Amendment) (No. 2) Regulations 1997	1997/2197	In regulation 1(5), the definitions of “the Council Tax Benefit Regulations” and “the Housing Benefit Regulations”.
		Regulation 4.
		In regulation 7, paragraphs (1), (2), (4)(a) and (d), (8)(a) and (d) and (10)(a) and (d).
The Housing Benefit and Council Tax Benefit (General) Amendment (No. 2) Regulations 1997	1997/2434	The whole Regulations.
The Housing Benefit (Recovery of Overpayments) Regulations 1997	1997/2435	The whole Regulations.
The Housing Benefit (Recovery of Overpayments) (No. 2) Regulations 1997	1997/2619	The whole Regulations.
The Income-related Benefits (Miscellaneous Amendments) Regulations 1997	1997/2793	The whole Regulations in so far as still in force.
The Social Security Amendment (New Deal) Regulations 1997	1997/2863	In regulation 1(2), the definitions of “the Council Tax Benefit Regulations” and “the Housing Benefit Regulations”.
		Regulation 17(2)(a) and (d), (4)(a) and (d), (6)(a) and (d), (8)(a) and (d), (10)(a) and (d), and (12)(a) and (d).
		Regulation 18.
The Social Security (Miscellaneous Amendments) Regulations 1998	1998/563	In regulation 1, paragraphs (4) and (6), and in paragraph (7) the definitions of “the Council Tax Benefit Regulations” and “the Housing Benefit Regulations”.
		Regulation 4(2)(a) and (d) and (4)(a) and (d)
		Regulation 5 (2)(a) and (d).
		Regulation 6 (2)(a) and (d).
		Regulation 7 (2)(a) and (d), (4)(a) and (d). (5) and (6).
		Regulation 8 (2)(a) and (b).
		Regulations 9, 10, 11 and 17.
		Regulation 18 (4)(a) and (b).
The Social Security Amendment (Lone Parents) Regulations 1998	1998/766	In regulation 1(3), the definitions of “the Council Tax Benefit Regulations” and “the Housing Benefit Regulations”.
		Regulations 3 to 11.
The Council Tax Benefit (General) Amendment Regulations 1998	1998/911	The whole Regulations.
The Social Security (Miscellaneous Amendments) (No.3) Regulations 1998	1998/1173	Regulation 2.
The Social Security (Miscellaneous Amendments) (No. 4) Regulations 1998	1998/1174	In regulation 1(2), the definitions of “the Council Tax Benefit Regulations” and “the Housing Benefit Regulations”.
		Regulation 7(2)(a) and (d), (4)(a) and (d), (6)(a) and (d), (8)(a) and (d), (10)(a) and (d), and (12)(a) and (d).
		Regulation 8(2)
The Social Security Amendment (New Deal) Regulations 1998	1998/1274	Regulation 10.
The Social Security (Student Amount Amendments) Regulations 1998	1998/1379	Regulation 2(2)(a) and (d);
		Regulation 3.
The Housing Benefit (General) Amendment Regulations 1998	1998/1732	The whole Regulations.
The Housing Benefit and Council Tax Benefit Amendment (New Deal) Regulations 1998	1998/2164	The whole Regulations.
The Social Security (Welfare to Work) Regulations 1998	1998/2231	Regulations 8 to 12.
The Social Security Amendment (Capital) Regulations 1998	1998/2250	Regulation 2(2)(a) and (d).
The Housing Benefit (General) Amendment (No. 2) Regulations 1998	1998/3257	The whole Regulations.
The Housing Benefit and Council Tax Benefit (General) Amendment Regulations 1999	1999/920	The whole regulations.
The Social Security Amendment (Non-Cash Vouchers) Regulations 1999	1999/1509	Regulations 1(3) and 2(1) and (4).
The Housing Benefit and Council Tax Benefit (General) Amendment (No.2) Regulations 1999	1999/1539	The whole Regulations.
The Social Security Amendment (Students) Regulations 1999	1999/1935	Regulation 1(1)(c)
		Regulations 4 and 5.
The Social Security Amendment (Sports Awards) Regulations 1999	1999/2165	In regulation 1(2), the definitions of “the Council Tax Benefit Regulations” and “the Housing Benefit Regulations”.
		Regulation 2(2)(a) and (d).
		Regulations 3 and 5.
The Housing Benefit (General) Amendment (No.2) Regulations 1999	1999/2401	The whole Regulations.
The Social Security Amendment (Personal Allowances for Children and Young Persons) Regulations 1999	1999/2555	Regulation 1(7)(b) and (c)
		Regulation 2(2)(a) and (b).
The Social Security (Miscellaneous Amendments) (No. 2) Regulations 1999	1999/2556	Regulations 4, 5 and 6.
The Social Security Amendment (Notional Income and Capital) Regulations 1999	1999/2640	In regulation 1(2), the definitions of “the Council Tax Benefit Regulations” and “the Housing Benefit Regulations”.
		Regulation 2(2) and (3)(a) and (b).
The Housing Benefit (General) Amendment (No. 3) Regulations 1999	1999/2734	The whole Regulations.
The Social Security (Claims and Information) Regulations 1999	1999/3108	In regulation 2, the definitions of “the Council Tax Benefit Regulations” and “the Housing Benefit Regulations”.
		Regulations 9 to 12.
The Social Security Act 1998 (Commencement No. 12 and Consequential and Transitional Provisions) Order 1999	1999/3178	Article 3(7),
		Schedule 7.
The Housing Benefit and Council Tax Benefit (General) Amendment Regulations 2000	2000/4	The whole Regulations.
The Social Security Maintenance (Education Maintenance Allowance) Regulations 2000	2000/55	In regulation 1(2), the definitions of “the Council Tax Benefit Regulations” and “the Housing Benefit Regulations”.
		In regulation 2, in paragraph (2), sub-paragraphs (a) and (b) and in paragraph (4), sub-paragraphs (a) and (b).
The Social Security (Immigration and Asylum) (Consequential Amendments) Regulations 2000	2000/636	In regulation 1(3), the definitions of “the Council Tax Benefit Regulations” and “the Housing Benefit Regulations”.
		Regulations 6 and 7.
		Regulation 12(6),(7) and (8).
The Housing Benefit (General) Amendment Regulations 2000.	2000/638	The whole Regulations.
The Social Security (Approved Work) Regulations 2000	2000/678	Regulation 2(3).
The Social Security (Miscellaneous Amendments) Regulations 2000	2000/681	In regulation 1—
		a in paragraph (1), in sub-paragraph (a) “4(5), 5(in so far as it relates to council tax benefit) and 8” and sub-paragraph (2);
		b paragraph (2); and
		c in paragraph (4), the definitions of “the Council Tax Benefit Regulations” and “the Housing Benefit Regulations”.
		Regulation 4(4) and (5).
		Regulations 5, 8 and 10.
		Regulation 12(c).
The Social Security (Employment Zones) Regulations 2000	2000/724	In regulation 1(2), the definitions of “the Council Tax Benefit Regulations” and “the Housing Benefit Regulations”.
		Regulation 2(2)(a) and (b).
		Regulation 3(2)(a) and (b), (3)(c) and (d) and (4)(c) and (d).
		Regulation 4(1) and (2).
The Social Security (Work-focused Interviews) Regulations 2000	2000/897	Regulation 16 (3).
		Schedules 2, 3 and 4.
The Income-related Benefits and Jobseeker’s Allowance (Amendment) Regulations 2000	2000/979	Regulations 4 and 5.
The Housing Benefit and Council Tax Benefit (General) Amendment (No. 2) Regulations 2000	2000/1471	The whole Regulations.
The Social Security Amendment (Students and Income-related Benefits) Regulations 2000	2000/1922	Regulations 1(c), 4 and 5.
The Social Security (Work-focused Interviews for Lone Parents) and Miscellaneous Amendments Regulations 2000	2000/1926	In regulation 10, the words “the Housing Benefit (General) Regulations 1987, the Council Tax Benefit (General) Regulations 1992”.
		Schedule 2, paragraphs 2 and 3.
The Social Security Amendment (Students) Regulations 2000	2000/1981	Regulations 1(2), 2, 3 and 4.
The Social Security (Joint Claims: Consequential Amendments) Regulations 2000	2000/1982	Regulation 4.
The Social Security Amendment (Personal Allowances for Children) Regulations 2000	2000/1993	Regulation 2(2)(a) and (b).
The Housing Benefit and Council Tax benefit (General) Amendment (No. 3) Regulations 2000	2000/2085	The whole Regulations.
The Social Security Amendment (Bereavement Benefits) Regulations 2000	2000/2239	In regulation 1(4), the definitions of “the Council Tax Benefit Regulations” and “the Housing Benefit Regulations”;
		Regulations 4 and 5;
		In regulation 6, “4(2) and 5(2)” and “the Housing Benefit Regulations and the Council Tax Benefit Regulations”.
The Housing Benefit and Council Tax Benefit (General) Amendment (No. 4) Regulations 2000	2000/2331	The whole Regulations.
The Social Security (Students and Income-related Benefits)(No. 2) Regulations 2000	2000/2422	Regulations 2 and 3.
The Social Security Amendment (Capital Limits and Earnings Disregards) Regulations 2000	2000/2545	In regulation 1 paragraph (1)(a) and (b) and in paragraph (4), the definitions of “the Council Tax Benefit Regulations” and “the Housing Benefit Regulations”;
		Regulation 2(3) and (4)
		In regulation 4 the words “Paragraph 3(4)(c) of Schedule 3 to both the Council Tax Benefit Regulations and to the Housing Benefit Regulations”;
		In the Schedule, paragraph 1.
The Social Security Amendment (Enhanced Disability Premium) Regulations 2000	2000/2629	In regulation 1, in paragraph (a), “and regulation 4” and paragraph (b).
		Regulations 3 and 4.
The Social Security Amendment (Employment Zones)(No. 2) Regulations 2000	2000/2910	In regulation 1(2), the definitions of “the Council Tax Benefit Regulations” and “the Housing Benefit Regulations”;
		Regulations 2(2)(a) and (b), 4(2)(a) and (b) and 5(3).
The Social Security (Child Maintenance Premium and Miscellaneous Amendments) Regulations 2000	2000/3176	Regulation 3.
The Social Security Amendment (Capital Disregards) Regulations 2001	2001/22	Regulation 2 (c) and (d).
The Housing Benefit (General) Amendment Regulations 2001	2001/487	The whole Regulations.
The Social Security Amendment (Joint Claims) Regulations 2001	2001/518	Regulation 6.
The Housing Benefit and Council Tax Benefit (Extended Payments) Regulations 2001.	2001/ 537	The whole Regulations.
The Social Security (Miscellaneous Amendments)(No.2) Regulations 2001	2001/652	In regulation 1(2), the definitions of “the Council Tax Benefit Regulations” and “the Housing Benefit Regulations”.
		In regulation 2(1) the words “each of the Council Tax Benefit Regulations, the Housing Benefit Regulations and”;
		Regulation 3(2)(a) and (b).
The Social Security (Miscellaneous Amendments) (No.3) Regulations 2001	2001/859	In regulation 1 paragraph (1)(b) and in paragraph (5) the definitions of “the Council Tax Benefit Regulations” and “the Housing Benefit Regulations”.
		Regulation 2.
		In regulation 6, paragraphs (1) and (3)(a) and (b).
The Social Security Amendment (New Deal) Regulations 2001	2001/1029	In regulation 1(3), the definitions of “the Council Tax Benefit Regulations” and “the Housing Benefit Regulations”.
		Regulation 15(1), (3)(a) and (b), (5)(a) and (b), (7)(a) and (b), (9)(a) and (b), (11)(a) and (b), (13)(a) and (b) and (15)(a) and (b).
The Social Security (Capital Disregards and Recovery of Benefits) Regulations 2001	2001/1118	Regulation 2(2).
The Housing Benefit (General) Amendment (No.2) Regulations 2001	2001/1190	The whole Regulations.
The Housing Benefit (General) Amendment (No. 3) Regulations 2001	2001/1324	The whole Regulations.
The Housing Benefit and Council Tax Benefit (Decisions and Appeals and Discretionary Financial Assistance) (Consequential Amendments and Revocations) Regulations 2001	2001/1605	The whole Regulations.
The Social Security (Breach of Community Order) (Consequential Amendments) Regulations 2001	2001/1711	Regulation 2(1).
The Housing Benefit and Council Tax Benefit (General) Amendment Regulations 2001	2001/1864	The whole Regulations.
The Social Security Amendment (Volunteers) Regulations 2001	2001/2296	Regulation 2(2)(a) and (b).
The Social Security Amendment (Students and Income-related Benefits) Regulations 2001	2001/2319	In regulation 1, paragraph (1)(c) and in paragraph (2), the definitions of “the Council Tax Benefit Regulations” and “the Housing Benefit Regulations”.
		Regulation 2(2)(a) and (b) and (4).
		Regulation 3(3)(a) and (b), (4)(a) and (b) and (5).
		Regulation 4(a) and (b).
		Regulations 5(3) and (4), 6(a) and (b) and 7.
The Social Security Amendment (Discretionary Housing Payments) Regulations 2001	2001/2333	In regulation 1(2), the definitions of “the Council Tax Benefit Regulations” and “the Housing Benefit Regulations”.
		Regulation 2(1)(a) and (b) and (2)(a) and (b).
		Regulation 3.
The Children (Leaving Care) Act 2000 (Commencement No. 2 and Consequential Provisions) Order 2001	2001/3070	Article 3(3) and (4)
		Schedules 2 and 3.
The Social Security Amendment (Capital Disregards) (No. 2) Regulations 2001	2001/3481	Regulation 2(a) and (b).
The Social Security (Loss of Benefit) (Consequential Amendments) Regulations 2002	2002/490	In regulation 1(2), the definitions of “the Council Tax Benefit Regulations” and “the Housing Benefit Regulations”.
		Regulations 2(1)(b) and (c) and 5.
The Housing Benefit and Council Tax Benefit (Child Care Charges) Regulations 2002	2002/499	The whole Regulations.
The Social Security (Miscellaneous Amendments) Regulations 2002	2002/841	In regulation 1(2), the definitions of “the Council Tax Benefit Regulations” and “the Housing Benefit Regulations”.
		Regulations 4 and 5.
The Social Security (Claims and Information) (Housing Benefit and Council Tax Benefit) Regulations 2002	2002/1132	The whole Regulations.
The Secretaries of State for Education and Skills and for Work and Pensions Order 2002	2002/1397	In the Schedule, paragraphs 19, 20 and 21.
The Social Security Amendment (Students and Income-related Benefits) Regulations 2002	2002/1589	In regulation 1(2), the definitions of “the Council Tax Benefit Regulations” and “the Housing Benefit Regulations”.
		Regulations 2(2)(a) and (b), 3(3)(a) and (b), 4(2)(a) and (b), (4)(a) and (b), (6)(a) and (b) and 8(a) and (b), 5(6)(a) and (b) and 6.
The Social Security (Jobcentre Plus Interviews) Regulations 2002	2002/1703	In Schedule 2, paragraphs 2 and 4.
The Social Security Amendment (Intercalating Students) Regulations 2002	2002/1763	Regulation 2(2)(a) and (b).
The Social Security Amendment (Personal Allowances for Children and Young Persons) Regulations 2002	2002/2019	In the heading to regulation 2, the words “housing benefit and council tax benefit”.
		Regulation 2(2)(c) and (d).
The Social Security Amendment (Carer Premium) Regulations 2002	2002/2020	In the heading to regulation 2 the words “Housing Benefit and Council Tax Benefit” and in regulation 2 the words “, paragraph 14ZA of Schedule 2 to the Housing Benefit (General) Regulations 1987 and in paragraph 16 of Schedule 1 to the Council Tax Benefit (General) Regulations 1992”.
The Social Security Amendment (Students and Income-related Benefits)(No.2) Regulations 2002	2002/2207	Regulation 2(3)(a) and (b).
The Social Security Amendment (Employment Programme) Regulations 2002	2002/2314	Regulations 4 and 5.
The Housing Benefit (General) Amendment Regulations 2002	2002/2322	The whole Regulations.
The Social Security (Miscellaneous Amendments) (No. 2) Regulations 2002	2002/2380	Regulations 4 and 5.
The Income-related Benefits and Jobseeker’s Allowance (Working Tax Credit and Child Tax Credit)(Amendment) Regulations 2002	2002/2402	Regulation 1(4), (5) and (6).
		In regulation 1(7), the definitions of “the Council Tax Benefit Regulations” and “the Housing Benefit Regulations”.
		Regulations 4 and 5.
		Schedules 3 and 4, in so far as they are still in force.
The Social Security Amendment (Personal Injuries Payments) Regulations 2002	2002/2442	In regulation 1(2), the definitions of “the Council Tax Benefit Regulations” and “the Housing Benefit Regulations”.
		Regulations 2(a) and (b) and 3(2)(a) and (b).
The Social Security Amendment (Carer’s Allowance) Regulations 2002	2002/2497	In Schedule 2 the references to the Housing Benefit (General) Regulations 1987 and the Council Tax Benefit (General) Regulations 1992.
The Social Security (Paternity and Adoption) Amendment Regulations 2002	2002/2689	In regulation 1(2), the definitions of “the Council Tax Benefit Regulations” and “the Housing Benefit Regulations”.
		Regulations 4 and 5.
The Housing Benefit and Council Tax Benefit (General) Amendment Regulations 2003	2003/48	The whole Regulations.
The Housing Benefit and Council Tax Benefit (General) Amendment (No. 2) Regulations 2003	2003/308	The whole Regulations.
The Housing Benefit and Council Tax Benefit (State Pension Credit) Regulations 2003	2003/325	Regulation 1(2) and (3).
		Regulations 2 to 27.
		Regulations 29 and 30.
		Schedule 2.
The Housing Benefit (General) Amendment Regulations 2003	2003/363	The whole Regulations.
The Social Security (Working Tax Credit and Child Tax Credit) (Consequential Amendments) Regulations 2003	2003/455	In regulation 1(12), the definitions of “the Council Tax Benefit Regulations” and “the Housing Benefit Regulations”.
		Regulations 4 and 5
		Schedule 3.
The Social Security (Miscellaneous Amendments) Regulations 2003	2003/511	Regulations 4 and 5.
The Community Care, Services for Carers and Children’s Services (Direct Payments) (England) Regulations 2003	2003/762	In Schedule 2, the references to “the Council Tax Benefit Regulations 1992” and “the Housing Benefit Regulations 1987”.
The Income-related Benefits and Jobseeker’s Allowance (Working Tax Credit and Child Tax Credit) (Amendment) Regulations 2003	2003/770	The whole Regulations.
The Social Security (Hospital In-Patients and Miscellaneous Amendments) Regulations 2003	2003/1195	Regulations 1(d) and (e), 4, 5 and 10.
The Housing Benefit and Council Tax Benefit (State Pension Credit)(Abolition of Benefit Periods) Amendment Regulations 2003	2003/1338	Regulation1(2).
		Regulations 2 to 23.
The Social Security (Back to Work Bonus and Lone Parent Run-on) (Amendment and Revocation) Regulations 2003	2003/1589	In regulation 1(2), the definitions of “the Council Tax Benefit Regulations”, “the Housing Benefit Regulations” and “the Housing Benefit Supply of Information Regulations”.
		Regulations 3, 4 and 7.
The Social Security (Claims and Payments and Miscellaneous Amendments) Regulations 2003	2003/1632	In regulation 1(2), the definitions of “the Council Tax Benefit Regulations” and “the Housing Benefit Regulations”
		Regulations 3 and 4.
The Social Security Amendment (Students and Income-related Benefits) Regulations 2003	2003/1701	In regulation 1(2), the definitions of “the Council Tax Benefit Regulations” and “the Housing Benefit Regulations”.
		Regulations 2(3)(a) and (b) and 3(2)(a) and (b).
The Social Security (Working Tax Credit and Child Tax Credit) (Consequential Amendments) (No. 3) Regulations 2003	2003/1731	In regulation 1(2), the definitions of “the Council Tax Benefit Regulations” and “the Housing Benefit Regulations”.
		Regulation 3.
The Social Security Amendment (Students and Income-related Benefits) (No.2) Regulations 2003	2003/1914	In regulation 1(2), the definitions of “the Council Tax Benefit Regulations” and “the Housing Benefit Regulations”.
		Regulation 2(3)(a) and (b).
The Housing Benefit and Council Tax Benefit (State Pension Credit and Miscellaneous Amendments) Regulations 2003	2003/2275	In regulation 1(2), the definitions of “the Council Tax Benefit Regulations”, “the Housing Benefit Regulations” and “the State Pension Credit Regulations”.
		Regulations 2, 3 and 4.
The Social Security (Miscellaneous Amendments)(No.2) Regulations 2003	2003/2279	Regulations 4, 5 and 6.
The Housing Benefit (General) (Local Housing Allowance) Amendment Regulations 2003	2003/2399	Regulation 1(2).
		Regulations 2 to 15.
		Schedules 1 and 2.
The Social Security (Incapacity Benefit Work-focused Interviews) Regulations 2003	2003/2439	Regulations 14 and 15.
The Housing Benefit and Council Tax Benefit (Miscellaneous Amendments) Regulations 2003	2003/2634	The whole Regulations.
The Housing Benefit and Council Tax Benefit (Abolition of Benefit Periods) Amendment Regulations 2004	2004/14	Regulations 2 to 33.
The Council Tax Benefit (Abolition of Restrictions) Regulations 2004	2004/154	The whole Regulations.
The Housing Benefit and Council Tax Benefit (State Pension Credit and Miscellaneous Amendments) Regulations 2004	2004/290	The whole Regulations.
The Housing Benefit and Council Tax Benefit (Extended Payments (Severe Disablement Allowance and Incapacity Benefit)) Amendment Regulations 2004	2004/319	The whole Regulations.
The Social Security (Miscellaneous Amendments) Regulations 2004	2004/565	Regulations 1(2)(c), 3, 4, 9 and 10.
The Housing Benefit and Council Tax Benefit (Supply of Information) Amendment Regulations 2004	2004/574	The whole Regulations.
The Housing Benefit and Council Tax Benefit (Miscellaneous Amendments) Regulations 2004	2004/781	The whole Regulations.
The Social Security (Income-Related Benefits Self-Employment Route Amendment) Regulations 2004	2004/963	In regulation 1(2), the definitions of “the Council Tax Benefit Regulations” and “the Housing Benefit Regulations”.
		In regulation 2, the words “each of the council Tax Benefit Regulations, the Housing Benefit Regulations and”.
The Social Security (Miscellaneous Amendments) (No.2) Regulations 2004	2004/1141	In regulation 1(2), the definitions of “the Council Tax Benefit Regulations” and “the Housing Benefit Regulations”.
		In regulation 2, the words “each of the Council Tax Benefit Regulations, the Housing Benefit Regulations and”.
		Regulation 2(b)(i).
		In regulation 2(b)(ii), the words “and the Housing Benefit Regulations”.
		Regulations 3(2)(a) and (b), (4)(a) and (b), (6)(a) and (b) and (8)(a), and 4(2)(a) and (b) and (4)(a) and (b).
The Social Security (Habitual Residence) Amendment Regulations 2004	2004/1232	In regulation 1(2), the definitions of “the Council Tax Benefit Regulations” and “the Housing Benefit Regulations”.
		Regulations 2 and 6(2)(a).
The Social Security (Students and Income-related Benefits) Amendment Regulations 2004	2004/1708	In regulation 2(2), the definitions of “the Housing Benefit Regulations” and “the Council Tax Benefit Regulations”;
		Regulation 2(3)(a) and (b). Regulation 3 (1), (2) and (6)(a) and (b).
		Regulations 4 and 7.
The Community Care, Services for Carers and Children’s Services (Direct Payments) (Wales) Regulations 2004	2004/1748	In paragraph 2 of Schedule 2, the entries relating to the Council Tax Benefit (General) Regulations 1992 and the Housing Benefit (General) Regulations 1987.
The Housing Benefit and Council Tax Benefit (Miscellaneous Amendments) (No.2) Regulations 2004	2004/2303	The whole Regulations.
The Social Security (Miscellaneous Amendments)(No.3) Regulations 2004	2004/2308	In regulation 1(2), the definitions of “the Housing Benefit Regulations” and “the Council Tax Benefit Regulations”;
		Regulation 2(3) and (4).
		Regulation 3(2)(b) and (c), (4)(b) and (c), (6) and (7).
		Regulation 4(1), (2) and (6).
The Social Security (Housing Benefit, Council Tax Benefit, State Pension Credit and Miscellaneous Amendments) Regulations 2004	2004/2327	In regulation 1(1)(a), the words “2(10)(a)(iii) and (iv) and (b) and (22), 3(4), (10)(a)(iii) and (iv) and (b) and (22) and”.
		Regulations 1(2), 2 and 3.
The Housing Benefit (General) (Amendment) Regulations 2004	2004/2984	The whole Regulations.
The Fire and Rescue Services Act 2004 (Consequential Amendments) (England) Order 2004	2004/3168	Regulations 15 and 27.
The Social Security, Child Support and Tax Credits (Decisions and Appeals) Amendment Regulations 2004	2004/3368	Regulations 4 and 5.
The Housing Benefit (General) (Local Housing Allowance) Amendment Regulations 2005	2005/238	The whole Regulations.
The Housing Benefit and Council Tax Benefit (Miscellaneous Amendments) Regulations 2005	2005/273	The whole Regulations.
The Social Security, Child Support and Tax Credits (Miscellaneous Amendments) Regulations 2005	2005/337	Regulations 8 and 9.
The Housing Benefit and Council Tax Benefit (Miscellaneous Amendments) (No 2) Regulations 2005	2005/573	The whole Regulations.
The Social Security (Miscellaneous Amendments) Regulations 2005	2005/574	In regulation 1(2), the definitions of “the Housing Benefit Regulations” and “the Council Tax Benefit Regulations”.
		In regulation 2(1), the words “the Housing Benefit Regulations and the Council Tax Benefit Regulations,”
		Regulation 2(3), (4) and (8)(b) and (c).
		Regulations 4 and 5.
The Housing Benefit (General) (Amendment) Regulations 2005	2005/1719	The whole Regulations.
The Social Security (Students and Income-related Benefits) Amendment Regulations 2005	2005/1807	In regulation 1(2), the definitions of “the Housing Benefit Regulations” and “the Council Tax Benefit Regulations”.
		Regulation 2(4)(a) and (b) and (5).
The Fire (Scotland) Act 2005 (Consequential Provisions and Modifications) Order 2005	2005/2060 (S. 7)	Schedule 3, paragraphs 6 and 7.
The Mental Health (Care and Treatment) (Scotland) Act 2003 (Consequential Provisions) Order 2005	2005/2078 (S. 9)	Schedule 2, paragraphs 4 and 14.
The Income-related Benefits (Amendment) Regulations 2005	2005/2183	Regulations 3 and 4.
The Social Security (Miscellaneous Amendments) (No. 2) Regulations 2005	2005/2465	Regulations 4(5) and (6) and 5(5) and (6).
The Housing Benefit and Council Tax Benefit (Miscellaneous Amendments) (No.3) Regulations 2005	2005/2502	Regulations 2(6) and 3(6) and (10).
The Social Security (Care Homes and Independent Hospitals) Regulations 2005	2005/2687	Regulations 4 and 5
		Schedules 3 and 4.
The Civil Partnership (Pensions, Social Security and Child Support)(Consequential, etc. Provisions) Order 2005	2005/2877	In Schedule 3, paragraphs 15, 16, 17, 21 and 22.
The Social Security (Civil Partnership) (Consequential Amendments) Regulations 2005	2005/2878	Regulations 6 and 7.
The Housing Benefit and Council Tax Benefit (Miscellaneous Amendments) (No.4) Regulations 2005	2005/2894	In regulation 1(2), the definitions of “the Housing Benefit Regulations” and “the Council Tax Benefit Regulations”.
		Regulations 2 and 3.
The Housing Benefit and Council Tax Benefit (Miscellaneous Amendments) (No.5) Regulations 2005	2005/3294	The whole Regulations.
The Income-related Benefits (Amendment) (No.2) Regulations 2005	2005/3391	Regulations 3 and 4.

SCHEDULE 2 — Consequential amendments

Amendment of the Income Support (General) Regulations 1987

1

• (1) The Income Support (General) Regulations 1987 shall be amended in accordance with this paragraph.

• (2) In regulation 2(1) (interpretation), in the definition of “housing benefit expenditure”, for “regulation 10(1) of the Housing Benefit (General) Regulations 1987”, substitute “ regulation 12(1) of the Housing Benefit Regulations 2006 ”.

• (3) In regulation 51A(3)(b) (diminishing notional capital rule), for “the Housing Benefit (General) Regulations 1987”, substitute “ the Housing Benefit Regulations 2006 ”.

• (4) In regulation 51A(3)(d) , for “regulation 2(1) of the Council Tax Benefit (General) Regulations 1992”, substitute “ regulation 2(1) of the Council Tax Benefit Regulations 2006 ”.

• (5) In Schedule 3 (housing costs)—

• (a) in paragraph 17(2)(a), for “paragraph 5(2) of Schedule 1 to the Housing Benefit (General) Regulations 1987”, substitute “ paragraph 6(2) of Schedule 1 to the Housing Benefit Regulations 2006 ”;

• (b) in paragraph 17(2)(b), for “paragraph 1 of Schedule 1 to the Housing Benefit (General) Regulations 1987” substitute “ paragraph 1 of Schedule 1 to the Housing Benefit Regulations 2006 ”; and

• (c) in paragraph 18(7)(e), for “regulation 63 of the Housing Benefit (General) Regulations 1987”, substitute “ regulation 74 of the Housing Benefit Regulations 2006 ”.

• (6) In Schedule 3A (protected sum)—

• (a) in paragraph 1(1), in sub-paragraph (b) of the definition of “eligible housing benefit”, for “regulation 61 of the Housing Benefit (General) Regulations 1987” substitute “ regulation 70 of the Housing Benefit Regulations 2006 ”;

• (b) in paragraph 7(7)(b), for “regulation 65 or, as the case may be, 68(2) of the Housing Benefit (General) Regulations 1987”, substitute “ regulation 76 or, as the case may be, regulation 79(2) of the Housing Benefit Regulations 2006 ”; and

• (c) in paragraph 7(8)(b), for “regulation 65 or, as the case may be, 68(2) of the Housing Benefit (General) Regulations 1987”, substitute “ regulation 76 or, as the case may be, regulation 79(2) of the Housing Benefit Regulations 2006 ”.

• (7) In Schedule 3B (protected sum)—

• (a) in paragraph 1(1), in sub-paragraph (b) of the definition of “eligible housing benefit”, for “regulation 61 of the Housing Benefit (General) Regulations 1987” substitute “ regulation 70 of the Housing Benefit Regulations 2006 ”;

• (b) in paragraph 3(2), for “regulation 8(2)(b) of the Housing Benefit (General) Regulations 1987”, substitute “ regulation 11(2) of the Housing Benefit Regulations 2006 ”;

• (c) in paragraph 6(4)(b), for “regulation 65 or, as the case may be, 68(2) of the Housing Benefit (General) Regulations 1987”, substitute “ regulation 76 or, as the case may be, regulation 79(2) of the Housing Benefit Regulations 2006 ”; and

• (d) in paragraph 6(5)(b), for “regulation 65 or, as the case may be, 68(2) of the Housing Benefit (General) Regulations 1987”, substitute “ regulation 76 or, as the case may be, regulation 79(2) of the Housing Benefit Regulations 2006 ”.

• (8) In Schedule 9 (sums to be disregarded in the calculation of income other than earnings), in paragraph 5, for “regulation 7B of the Housing Benefit (General) Regulations 1987” substitute “ regulation 10A of the Housing Benefit Regulations 2006 ”.

• (9) In Schedule 10 (capital to be disregarded), in paragraph 48 for “regulation 7B of the Housing Benefit (General) Regulations 1987” substitute “ regulation 10A of the Housing Benefit Regulations 2006 ”.

Amendment of the Social Security (Claims and Payments) Regulations 1987

2

• (1) The Social Security (Claims and Payments) Regulations 1987 shall be amended in accordance with the provisions of this paragraph.

• (2) In regulation 33(1A) (persons unable to act), for “regulation 71(3) of the Housing Benefit (General) Regulations 1987 or regulation 61(3) of the Council Tax Benefit (General) Regulations 1992”, substitute “ regulation 82(3) of the Housing Benefit Regulations 2006, regulation 63(3) of the Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 2006, regulation 68(3) of the Council Tax Benefit Regulations 2006, or regulation 52(3) of the Council Tax Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 2006 ”.

• (3) In Schedule 9 (deductions from benefit and direct payment to third parties)—

• (a) in paragraph 1, in sub-paragraph (1), for the definition of “Housing Benefit Regulations”, substitute—

“the Housing Benefit Regulations” mean the Housing Benefit Regulations 2006; “the Housing Benefit (State Pension Credit) Regulations” mean the Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 2006;

• (b) in paragraph 4A (hostel payments)—

• (i) for sub-paragraph (4) substitute—

(4) The provisions referred to in sub-paragraph (3)(a) above are regulation 12(6) of, and paragraphs 1(a)(ii) and (iv), 2, 3, 4 and either 6(1)(b) or 6(2) or 6(3) or 6(4) of Schedule 1 to, the Housing Benefit Regulations or, as the case may be, the Housing Benefit (State Pension Credit) Regulations.

; and

• (ii) sub-paragraph (5) shall be omitted; and

• (c) in paragraph 5—

• (i) in sub-paragraph (2), for “regulation 61 of the Housing Benefit Regulations”, substitute “ regulation 70 of the Housing Benefit Regulations or, as the case may be, regulation 50 of the Housing Benefit (State Pension Credit) Regulations ”;

• (ii) in both sub-paragraph (3)(a) and sub-paragraph (7) , for “regulation 10(3) of the Housing Benefit Regulations”, substitute “ regulation 12(3) of the Housing Benefit Regulations or, as the case may be, the Housing Benefit (State Pension Credit) Regulations ”; and

• (iii) sub-paragraph (4) shall be omitted.

Amendment of the Employment Action (Miscellaneous Provisions) Order 1991

3

In the Schedule to the Employment Action (Miscellaneous Provisions) Order 1991 (list of subordinate legislation)—

• (a) for the reference to the “Housing Benefit (General) Regulations 1987”, substitute— “ The Housing Benefit Regulations 2006; ”;

• (b) after that reference, insert— “ The Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 2006; ”;

• (c) for the reference to the “Council Tax Benefit (General) Regulations 1992”, substitute— “ The Council Tax Benefit Regulations 2006; ”; and

• (d) after that reference, insert— “ The Council Tax Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 2006 ”.

Amendment of the Child Support (Maintenance Assessments and Special Cases) Regulations 1992

4

• (1) The Child Support (Maintenance Assessments and Special Cases) Regulations 1992 shall be amended in accordance with the provisions of this paragraph.

• (2) In regulation 1(2) (citation, commencement and interpretation)—

• (a) for the definition of “Housing Benefit Regulations”, substitute—

“Housing Benefit Regulations” means the Housing Benefit Regulations 2006;

• (b) after that definition, insert—

• “Housing Benefit (State Pension Credit) Regulations” means the Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 2006;

; and

• (c) for sub-paragraph (b) in the definition of “non-dependant”, substitute—

(b) regulation 3 of the Housing Benefit Regulations or, as the case may be, regulation 3 of the Housing Benefit (State Pension Credit) Regulations;

• (3) In regulation 11(1)(b) (protected income), for the words “regulation 63 of the Housing Benefit Regulations”, substitute “ regulation 74 of the Housing Benefit Regulations or, as the case may be, regulation 55 of the Housing Benefit (State Pension Credit) Regulations ”.

• (4) In regulation 15(2) (amount of housing costs), for “regulations 10 and 69 of the Housing Benefit Regulations”, substitute “ regulations 12 and 80 of the Housing Benefit Regulations or, as the case may be, regulations 12 and 61 of the Housing Benefit (State Pension Credit) Regulations ”.

• (5) In paragraph 6 of Schedule 3 (eligible housing costs) for sub-paragraphs (a) and (b), substitute—

(a) where the costs are inclusive of ineligible service charges within the meaning of paragraph 1(a)(i) of Schedule 1 to the Housing Benefit Regulations or, as the case may be, paragraph 1(a)(i) of Schedule 1 to the Housing Benefit (State Pension Credit) Regulations (ineligible service charges), the amounts specified as ineligible in paragraph 2 of the appropriate Schedule 1; (b) where the costs are inclusive of any of the items mentioned in paragraph 6(2) of Schedule 1 to the Housing Benefit Regulations or, as the case may be, paragraph 6(2) of Schedule 1 to the Housing Benefit (State Pension Credit) Regulations (payment in respect of fuel charges), the deductions prescribed in that paragraph unless the parent provides evidence on which the actual or approximate amount of the service charge for fuel may be estimated, in which case the estimated amount;

Amendment of the National Assistance (Assessment of Resources) Regulations 1992

5

In regulation 13 (earnings of employed earners) of the National Assistance (Assessment of Resources) Regulations 1992 for “regulation 28 of the Housing Benefit (General) Regulations”, substitute “ regulation 35 of the Housing Benefit Regulations 2006 or, as the case may be, regulation 35 of the Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 2006 ”.

Amendment of the Council Tax (Demand Notices) (Wales) Regulations 1993

6

For sub-paragraph (d) of paragraph 7 of Schedule 1 (matters to be contained in demand notices) to the Council Tax (Demand Notices) (Wales) Regulations 1993 , substitute—

(d) the Council Tax Benefit Regulations 2006; (e) the Council Tax Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 2006.

Amendment of Orders relating to the status of trainees

7

• (1) In the Schedule to each of the Orders specified in sub-paragraph (2) below—

• (a) for the reference to the “Housing Benefit (General) Regulations 1987”, substitute— “ The Housing Benefit Regulations 2006; ”;

• (b) after that reference, insert— “ The Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 2006; ”;

• (c) for the reference to the “Council Tax Benefit (General) Regulations 1992”, substitute— “ The Council Tax Benefit Regulations 2006; ”; and

• (d) after that reference, insert— “ The Council Tax Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 2006 ”.

• (2) Those Orders are—

• (a) the North Norfolk Action (Miscellaneous Provisions) Order 1993 ;

• (b) the Community Action (Miscellaneous Provisions) Order 1993 ;

• (c) the Learning for Work (Miscellaneous Provisions) Order 1993 ;

• (d) the Training for Work (Miscellaneous Provisions) Order 1995 ; and

• (e) the Project Work (Miscellaneous Provisions) Order 1996 .

The Jobseekers Allowance Regulations 1996

8

• (1) The Jobseeker's Allowance Regulations 1996 shall be amended in accordance with the provisions of this paragraph.

• (2) In regulation 1(3) (interpretation) , in the definition of “housing benefit expenditure”, for “regulation 10(1) of the Housing Benefit (General) Regulations 1987”, substitute “ regulation 12(1) of the Housing Benefit Regulations 2006 ”.

• (3) In regulation 114(3)(b) (diminishing notional capital rule), for “the Housing Benefit (General) Regulations 1987”, substitute “ the Housing Benefit Regulations 2006 ”.

• (4) In Schedule 2 (housing costs)—

• (a) in paragraph 16(2)(a), for “paragraph 5(2) of Schedule 1 to the Housing Benefit (General) Regulations 1987”, substitute “ paragraph 6(2) of Schedule 1 to the Housing Benefit Regulations 2006 ”;

• (b) in paragraph 16(2)(b), for “paragraph 1 of Schedule 1 to the Housing Benefit (General) Regulations 1987”, substitute “ paragraph 1 of Schedule 1 to the Housing Benefit Regulations 2006 ”; and

• (c) in paragraph 17(7)(e), for “regulation 63 of the Housing Benefit (General) Regulations 1987”, substitute “ regulation 74 of the Housing Benefit Regulations 2006 ”.

Amendment of the Social Security Benefit (Computation of Earnings) Regulations 1996

9

In Schedule 2 of the Social Security Benefit (Computation of Earnings) Regulations 1996 (child care charges to be deducted in the calculation of earnings) in paragraph 8, in sub-paragraph (a), for the words “(ii) a higher pensioner premium” to the end of the sub-paragraph, substitute—

(ii) a higher pensioner premium by virtue of the satisfaction of— (aa) in the case of council tax benefit, paragraph 11(2)(b) of Schedule 1 to the Council Tax Benefit Regulations 2006; (bb) in the case of housing benefit, paragraph 11(2)(b) of Schedule 3 to the Housing Benefit Regulations 2006; on account of the other member's incapacity or either regulation 18(1)(c) of the Council Tax Benefit Regulations 2006 (treatment of child care charges) or, as the case may be, regulation 28(1)(c) of the Housing Benefit Regulations 2006 (treatment of child care charges) applies in that person's case;

Amendment of the Housing Renewal Grants Regulations 1996

10

• (1) The Housing Renewal Grants Regulations 1996 shall be amended in accordance with the provisions of this paragraph.

• (2) In regulation 2, in paragraph (1) (interpretation)—

• (a) after the definition of “payment”, insert—

“pensionable age” has the meaning given by the rules in paragraph 1 of Schedule 4 to the Pensions Act 1995 (equalisation of pensionable ages for men and women);

• (b) after the definition of “polygamous marriage”, insert—

“the qualifying age for state pension credit” is (in accordance with section 1(2)(b) and (6) of the State Pension Credit Act 2002 )— (a) in the case of a woman, pensionable age; or (b) in the case of a man, the age which is pensionable age in the case of a woman born on the same day as the man;

• (c) in the definition of “training allowance” for “regulation 2(1) of the Housing Benefit (General) Regulations 1987”, substitute “ regulation 2(1) of the Housing Benefit Regulations 2006 ”.

• (3) In regulation 3(1) (persons from abroad) for “regulation 7A (persons from abroad) of the Housing Benefit (General) Regulations 1987”, substitute “ regulation 10 of the Housing Benefit Regulations 2006 or, as the case may be, regulation 10 of the Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 2006 (persons from abroad) ”.

• (4) In regulation 19(3)(e) (treatment of child care charges), for “regulation 18(2) of the Housing Benefit (General) Regulations 1987”, substitute “ regulation 24(2) of the Housing Benefit Regulations 2006 ”.

• (5) In regulation 31, in paragraph (14), for sub-paragraph (b) (notional income), substitute—

“rent” means— (a) eligible rent within the meaning of regulation 12(3) of the Housing Benefit Regulations 2006 (rent), less any deductions in respect of non-dependants which fall to be made under regulation 74 (non-dependant deductions) of those Regulations; or (b) in the case of a person who has attained the qualifying age for state pension credit, eligible rent within the meaning of regulation 12(3) of the Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 2006 (rent), less any deductions in respect of non-dependants which fall to be made under regulation 55 (non-dependant deductions) of those Regulations.

• (6) In regulation 38, in paragraph (7) for sub-paragraph (b) (notional capital), substitute—

“rent” means— (a) eligible rent within the meaning of regulation 12(3) (rent) of the Housing Benefit Regulations 2006, less any deductions in respect of non-dependants which fall to be made under regulation 74 (non-dependant deductions) of those Regulations; or (b) in the case of a person who has attained the qualifying age for state pension credit, eligible rent within the meaning of regulation 12(3) of the Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 2006 (rent), less any deductions in respect of non-dependants which fall to be made under regulation 55 (non-dependant deductions) of those Regulations.

• (7) In Schedule 3 (sums to be disregarded in the determination of income other than earnings)—

• (a) for paragraph 12(5)(b), substitute—

(b) “rent” means— (i) eligible rent within the meaning of regulation 12(3) of the Housing Benefit Regulations 2006, less any deductions in respect of non-dependants which fall to be made under regulation 74 of those Regulations; or (ii) in the case of a person who has attained the qualifying age for state pension credit, eligible rent within the meaning of regulation 12(3) of the Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 2006 (rent), less any deductions in respect of non-dependants which fall to be made under regulation 55 (non-dependant deductions) of those Regulations.

• (b) in paragraph 49, for “regulation 4D of the Council Tax Benefit (General) Regulations 1992”, substitute “ regulation 7A of the Council Tax Benefit Regulations 2006 ”;

• (c) in paragraph 57, for “regulation 7B of the Housing Benefit (General) Regulations 1987”, substitute “ regulation 10A of the Housing Benefit Regulations 2006 ”;

• (d) in paragraph 67(3) , for the definition of “rent”, substitute—

“rent” means— (a) eligible rent within the meaning of regulation 12(3) of the Housing Benefit Regulations 2006 less any deductions in respect of non-dependents which fall to be made under regulation 74 of those Regulations; or (b) in the case of a person who has attained the qualifying age for state pension credit, eligible rent within the meaning of regulation 12(3) of the Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 2006 (rent), less any deductions in respect of non-dependants which fall to be made under regulation 55 (non-dependant deductions) of those Regulations.

• (8) In Schedule 4 (capital to be disregarded)—

• (a) in paragraph 45, for “regulation 4D of the Council Tax Benefit (General) Regulations 1992”, substitute “ regulation 7A of the Council Tax Benefit Regulations 2006 ”;

• (b) in paragraph 50, for “regulation 7B of the Housing Benefit (General) Regulations 1987”, substitute “ regulation 10A of the Housing Benefit Regulations 2006 . ”;

• (c) in paragraph 58(3) , for the definition of “rent” substitute—

“rent” means— (a) eligible rent within the meaning of regulation 12(3) of the Housing Benefit Regulations 2006 less any deductions in respect of non-dependants which fall to be made under regulation 80 of those Regulations; or (b) in the case of a person who has attained the qualifying age for state pension credit, eligible rent within the meaning of regulation 12(3) of the Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 2006 (rent), less any deductions in respect of non-dependants which fall to be made under regulation 55 (non-dependant deductions) of those Regulations.

Amendment of the Rent Officers (Housing Benefit Functions) Order 1997

11

• (1) The Rent Officers (Housing Benefit Functions) Order 1997 shall be amended in accordance with the provisions of this paragraph.

• (2) In regulation 2 (interpretation)—

• (a) for the definition of “hostel”, substitute—

“hostel” has the same meaning as in regulation 2(1) of the Housing Benefit Regulations or, as the case may be, regulation 2(1) of the Housing Benefit (State Pension Credit) Regulations;

• (b) after that definition insert—

• “the Housing Benefit Regulations” mean the Housing Benefit Regulations 2006;
• “the Housing Benefit (State Pension Credit) Regulations” means the Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 2006;

• (c) for the definition of “relevant date”, substitute—

“relevant date” means the date specified by a pathfinder authority in an application for a local housing allowance determination made in accordance with regulation 13A(4)(a) of the Housing Benefit Regulations or, as the case may be, regulation 13A(4)(a) of the Housing Benefit (State Pension Credit) Regulations ;

• (d) for the definition of “rent”, substitute—

“rent” means any of the periodical payments referred to in regulation 12(1) of the Housing Benefit Regulations or, as the case may be, regulation 12(1) of the Housing Benefit (State Pension Credit) Regulations;

• (e) omit the definition of the “1987 Regulations”.

• (3) In regulation 3A (transitional arrangements for determination of single room rents with effect from 2nd July 2001) , for “regulation 12A of the 1987 Regulations”, substitute “ regulation 14 of the Housing Benefit Regulations or, as the case may be, regulation 14 of the Housing Benefit (State Pension Credit) Regulations ”.