Benefits and Child savings

enabledebra

The HB rules before April 2005 stopped the inclusion of a child's personal allowance in the applicable amount where the child had capital over £3000 but this was changed:

Social Security (Housing Benefit, Council Tax Benefit, State Pension Credit and Miscellaneous Amendments) Regulations 2004, S.I. 2004/2327

regulations 2(6) and 3(6) amend HB regulation 16(b) and CTB regulation 8(b) to exclude the capital of a child taken into account for the purposes of calculating a claimant’s applicable amount. Currently no allowance in respect of a dependant is added to the claimant’s applicable amount if the child or young person has capital in excess of the amount stipulated in regulation 16(b)/8(b) (currently £3,000)

The Housing Benefit Regulations 2006 consolidated the old 1987 HB regs and amendments and these regs state:

Disregard of capital of child and young person

45. The capital of a child or young person who is a member of the claimant’s family

shall not be treated as capital of the claimant.

and also in line with the amended 1987 regs there is no provision to exclude inclusion of a child's personal allowance in the applicable amount on the grounds of capital.

The Housing Benefit guidance manual makes reference to a 'capital limit' under reg 22(b) of the 2006 regs but these regs make no reference to capital limits so I don't know what that is about. Is it an error in the guidance or can anyone shed any light?

real1314

enabledebra wrote: »

The HB rules before April 2005 stopped the inclusion of a child's personal allowance in the applicable amount where the child had capital over £3000 but this was changed:

Social Security (Housing Benefit, Council Tax Benefit, State Pension Credit and Miscellaneous Amendments) Regulations 2004, S.I. 2004/2327

regulations 2(6) and 3(6) amend HB regulation 16(b) and CTB regulation 8(b) to exclude the capital of a child taken into account for the purposes of calculating a claimant’s applicable amount. Currently no allowance in respect of a dependant is added to the claimant’s applicable amount if the child or young person has capital in excess of the amount stipulated in regulation 16(b)/8(b) (currently £3,000)

The Housing Benefit Regulations 2006 consolidated the old 1987 HB regs and amendments and these regs state:

Disregard of capital of child and young person

45. The capital of a child or young person who is a member of the claimant’s family

shall not be treated as capital of the claimant.

and also in line with the amended 1987 regs there is no provision to exclude inclusion of a child's personal allowance in the applicable amount on the grounds of capital.

The Housing Benefit guidance manual makes reference to a 'capital limit' under reg 22(b) of the 2006 regs but these regs make no reference to capital limits so I don't know what that is about. Is it an error in the guidance or can anyone shed any light?

That suggests I was talking rubbish. Apologies to Kimi. My 2 years out of the game must have dulled the memory (good job I put that unless the regs have changed bit in - shame I only suggested 2 years!)