The Housing Benefit and Council Tax Benefit (Miscellaneous Amendments) Regulations 1993

Amendment of Schedule 3 to the Housing Benefit Regulations

13.—(1) Schedule 3 to the Housing Benefit Regulations (sums to be disregarded in the calculation of earnings) shall be amended in accordance with the following provisions of this regulation.

(2) In paragraph 1(1) for sub-paragraphs (a) and (b) there shall be substituted the following sub-paragraphs—

“(a)where—

(i)the employment has been terminated because of retirement, and

(ii)on retirement he is entitled to a retirement pension under the Contributions and Benefits Act, or is not so entitled solely because of his failure to satisfy the contribution conditions,

any earnings in respect of that employment, but only for a period commencing on the day immediately after the date on which the employment was terminated;

(aa)where before the date of claim the employment has been terminatedotherwise than because of retirement, any earnings in respect of that employment except earnings to which regulation 28(1)(b) to (e), (g) and (h) (earnings of employed earners) applies;

(b)where at the date of claim—

(i)the employment has not been terminated, but

(ii)the claimant is not engaged in remunerative work,

any earnings in respect of that employment except earnings to which regulation 28(1)(d), (e), (i) and (j) applies.”.

(3) For paragraph 2 there shall be substituted the following paragraph—

“2.  In the case of a claimant who, before the date of claim—

(a)has been engaged in part-time employment as an employed earner or, where the employment has been outside Great Britain, would have been so engaged had the employment been in Great Britain, and

(b)has ceased to be engaged in that employment, whether or not that employment has been terminated,

any earnings in respect of that employment except—

(i)where that employment has been terminated, earnings to which regulation 28(1)(e) applies;

(ii)where that employment has not been terminated, earnings to which regulation 28(1)(e), (i) and (j) applies.”.

(4) In paragraph 3(1)(2) after the words “In a case to which this paragraph applies” there shall be inserted the words “and paragraph 4 (3) does not apply”.

(5) In paragraph 5(4) for the words “paragraphs 3, 4A and 4B” there shall be substituted the words “paragraphs 3, 4A, 4B and 6(5)”.

(6) In paragraph 14—

(a)after the words “earnings of a” there shall be inserted the words “child or”;

(b)for the words “section 2 of the Child Benefit Act 1975” there shall be substituted the words “section 142 of the Contributions and Benefits Act”(6).