
1 

(1) These Regulations may be cited as the Housing Benefit (General) Amendment Regulations 1988 and shall come into force on 1st April 1988.
(2) In these Regulations “the General Regulations” means the Housing Benefit (General) Regulations 1987.
2 
In regulation 2(1) of the General Regulations (interpretation) there shall be inserted after the definition of “student” the following definition —“
 “the Macfarlane Trust” means the charitable trust, established partly out of funds provided by the Secretary of State to the Haemophilia Society, for the relief of poverty or distress among those suffering from haemophilia;”.
3 
In regulation 27(1) of the General Regulations (treatment of charitable or voluntary payments) after the words “other than one” there shall be inserted the words “made under the Macfarlane Trust or one”.
4 
In regulation 35(3) of the General Regulations (notional income) after the words “Any payment of income” there shall be inserted the words “, other than a payment of income made under the Macfarlane Trust,”.
5 
In regulation 43(3) of the General Regulations (notional capital) after the words “Any payment of capital” there shall be inserted the words “, other than a payment of capital made under the Macfarlane Trust,”.
6 
In regulation 73(1) of the General Regulations (evidence and information) at the end there shall be added the words “but nothing in this regulation shall require a person to furnish any certificates, documents, information or evidence relating to a payment which is disregarded under paragraph 34 of Schedule 4 or paragraph 23 of Schedule 5 (payments made under the Macfarlane Trust)”.
7 
In regulation 77 of the General Regulations (notification of determinations) —
(a) after the words “every notification shall” there shall be inserted the words“, subject to paragraph (2),”;
(b) at the end there shall be added the following paragraphs —“
(2)  Where the determination is made on or before 30th June 1988, the notification may, notwithstanding Schedule 6, include a statement only as to the matters set out in paragraphs 2, 3, 4, 6, 9(e), (g) and (i) and 11 of that Schedule but an authority, if it thinks fit, may include a statement as to any other matter prescribed in that Schedule.
(3) Where a notification is given in accordance with paragraph (2) a person may request in writing the authority to provide a written statement on any matter prescribed in Schedule 6 which is not included in the notification and the authority shall send a written statement to the person requiring it within 14 days or as soon as reasonably practicable thereafter.”.
8 
After regulation 91 of the General Regulations (payment on account of a rent allowance) there shall be inserted the following regulation —“
91A 

(1) Where it is impracticable for the appropriate authority to determine a claim for a rent or rate rebate within 14 days of the claim for it first having been made and that impracticability does not arise out of the failure of the claimant without good cause to furnish such information, certificates, documents or evidence as the authority reasonably requires and has requested, the authority may make a payment on account of any entitlement to a rent or rate rebate for any period ending on or before 30th June 1988 of such amount as it considers reasonable having regard to such information which may at the time be available to it concerning the claimant’s circumstances.
(2) Paragraphs (2) and (3) of regulation 91 (payment on account of a rent allowance) shall apply to a payment on account under paragraph (1) as they apply to a payment on account of a rent allowance under paragraph (1) of that regulation.”
9 
In Schedule 4 to the General Regulations (sums to be disregarded in the calculation of income other than earnings) —
(a) in paragraph 13 after the word “children” there shall be inserted the words “or a payment to which paragraph 34 applies”;
(b) after paragraph 33 there shall be added the following paragraph —“
34 
Any payment made under the Macfarlane Trust.”.
10 
In Schedule 5 to the General Regulations (capital to be disregarded) after paragraph 22 there shall be added the following paragraph —“
23 
Any payment made under the Macfarlane Trust and any sum derived from such a payment.”.
Signed by authority of the Secretary of State for Social Services
Michael Portillo
Parliamentary Under-Secretary of State,
Department of Health and Social Security
30th March 1988