SOCIAL SECURITY Citation, commencement and interpretation 1 1 These Regulations may be cited as the Housing Benefit and Council Tax Benefit Amendment (New Deal) Regulations 1998 and shall come into force on 29th September 1998. 2 In these Regulations— “the Council Tax Benefit Regulations ” means the Council Tax Benefit (General) Regulations 1992 ; “the Housing Benefit Regulations ” means the Housing Benefit (General) Regulations 1987 . Notional income 2 In both regulation 26 of the Council Tax Benefit Regulations and regulation 35 of the Housing Benefit Regulations (which relate to notional income)— a in paragraph (3), for the words from the beginning to “regulation 75(1)(b)(ii) of those Regulations” there shall be substituted the words “Any payment of income, other than a payment of income specified in paragraph (3A)”; b after paragraph (3) there shall be inserted the following paragraph— 3A Paragraph (3) shall not apply in respect of a payment of income made— a under the Macfarlane Trust, the Macfarlane (Special Payments) Trust, the Macfarlane (Special Payments) (No.2) Trust, the Fund, the Eileen Trust or the Independent Living Funds; b pursuant to section 19(1)(a) of the Coal Industry Act 1994 (concessionary coal); c pursuant to section 2 of the Employment and Training Act 1973 in respect of a person’s participation— i in an employment programme specified in regulation 75(1)(a)(ii) of the Jobseeker’s Allowance Regulations 1996 ; ii in a training scheme specified in regulation 75(1)(b)(ii) of those Regulations; or iii in a qualifying course within the meaning specified in regulation 17A(7) of those Regulations . . Notional capital 3 1 In regulation 34 of the Council Tax Benefit Regulations (which relates to notional capital)— a in paragraph (3), for the words from the beginning to “regulation 75(1)(b)(ii) of those Regulations” there shall be substituted the words “Any payment of capital, other than a payment of capital specified in paragraph (3A)”; b after paragraph (3) there shall be inserted the following paragraph— 3A Paragraph (3) shall not apply in respect of a payment of capital made— a under the Trusts, the Fund, the Eileen Trust or the Independent Living Funds; b pursuant to section 2 of the Employment and Training Act 1973 in respect of a person’s participation— i in an employment programme specified in regulation 75(1)(a)(ii) of the Jobseeker’s Allowance Regulations 1996; ii in a training scheme specified in regulation 75(1)(b)(ii) of those Regulations; or iii in a qualifying course within the meaning specified in regulation 17A(7) of those Regulations. . 2 In regulation 43 of the Housing Benefit Regulations (which relates to notional capital)— a in paragraph (3), for the words from the beginning to “regulation 75(1)(b)(ii) of those Regulations” there shall be substituted the words “Any payment of capital, other than a payment of capital specified in paragraph (3A)”; b after paragraph (3) there shall be inserted the following paragraph— 3A Paragraph (3) shall not apply in respect of a payment of capital made— a under the Macfarlane Trust, the Macfarlane (Special Payments) Trust, the Macfarlane (Special Payments) ( No. 2) Trust, the Fund, the Eileen Trust or the Independent Living Funds; b pursuant to section 2 of the Employment and Training Act 1973 in respect of a person’s participation— i in an employment programme specified in regulation 75(1)(a)(ii) of the Jobseeker’s Allowance Regulations 1996; ii in a training scheme specified in regulation 75(1)(b)(ii) of those Regulations; or iii in a qualifying course within the meaning specified in regulation 17A(7) of those Regulations. . Income to be disregarded 4 1 After paragraph 66 of Schedule 4 to the Council Tax Benefit Regulations (sums to be disregarded in the calculation of income other than earnings) there shall be added the following paragraph— 67 1 Subject to sub-paragraph (2), any discretionary payment made pursuant to section 2 of the Employment and Training Act 1973 to meet, or help meet, special needs of a person who is undertaking a qualifying course within the meaning specified in regulation 17A(7) of the Jobseeker’s Allowance Regulations 1996. 2 No amount shall be disregarded pursuant to sub-paragraph (1) in respect of travel expenses incurred as a result of the student’s attendance on the course where an amount in respect of those expenses has already been disregarded pursuant to regulation 46 (student’s income to be disregarded). . 2 After paragraph 67 of Schedule 4 to the Housing Benefit Regulations (sums to be disregarded in the calculation of income other than earnings) there shall be added the following paragraph— 68 1 Subject to sub-paragraph (2), any discretionary payment made pursuant to section 2 of the Employment and Training Act 1973 to meet, or help meet, special needs of a person who is undertaking a qualifying course within the meaning specified in regulation 17A(7) of the Jobseeker’s Allowance Regulations 1996. 2 No amount shall be disregarded pursuant to sub-paragraph (1) in respect of travel expenses incurred as a result of the student’s attendance on the course where an amount in respect of those expenses has already been disregarded pursuant to regulation 57 (student’s income to be disregarded). . Capital to be disregarded 5 At the end of Schedule 5 to both the Council Tax Benefit Regulations and to the Housing Benefit Regulations (which relate to capital to be disregarded), there shall be added the following paragraph— 56 Any discretionary payment made pursuant to section 2 of the Employment and Training Act 1973 to meet, or help meet, special needs of a person who is undertaking a qualifying course within the meaning specified in regulation 17A(7) of the Jobseeker’s Allowance Regulations 1996 but only for the period of 52 weeks from the date of receipt of that payment. . Alistair Darling Secretary of State for Social Security 2nd September 1998