Prospective
Date on which change of circumstances is to take effectN.I.
77.—(1) Except in cases where regulation 31 or regulation 8(3) of the Decisions and Appeals Regulations applies and subject to the following provisions of this regulation, and to regulation 78(6), a change of circumstances which affects entitlement to, or the amount of, housing benefit (“change of circumstances”) shall take effect from the first day of the benefit week following the date on which the change of circumstances actually occurs, and where that change is cessation of entitlement to any benefit under the benefit Acts, the date on which the change actually occurs shall be the day immediately following the last day of entitlement to that benefit.
(2) Subject to paragraph (10), except in a case where regulation 8(3) of the Decisions and Appeals Regulations applies, where the change of circumstances is a change in the amount of rent or rates payable in respect of a dwelling, that change shall take effect from the day on which it actually occurs.
(3) Subject to paragraphs (10) and (11), except in a case where regulation 8(3) of the Decisions and Appeals Regulations applies, where the change of circumstances is—
(a)that a person moves into a new dwelling occupied as the home; or
(b)any other event which—
(i)entitles a person to be treated as occupying 2 dwellings as his home under regulation 7(6), or
(ii)brings to an end a person’s right to be treated as occupying 2 dwellings as his home under that regulation, in a case where he has, immediately prior to the event, been treated as occupying 2 dwellings as his home,
that change of circumstances shall take effect on the day on which it actually occurs.
(4) Subject to paragraph (10), where the change of circumstances is the expiry of a maximum period of time, referred to in regulation 7(6), for which a person can be treated as occupying 2 dwellings as his home, that change shall take effect on the day after the last day of that period.
(5) Subject to paragraph (10), where the change of circumstances is an amendment to these Regulations that change, subject to regulation 78(6), shall take effect as follows—
(a)where the amendment is made by an order under section 132 of the Administration Act(1) (annual up-rating of benefits)—
(i)in a case in which the claimant’s weekly amount of eligible rent falls to be calculated in accordance with regulation 78(2)(b) or (c), from 1st April;
(ii)in any other case, from the first Monday in April,
in the year in which that order comes into operation;
(b)in respect of any other amendment, from the date on which the amendment of these Regulations comes into operation in the particular case.
(6) Subject to paragraph (10), if 2 or more changes of circumstances occurring in the same benefit week would, but for this paragraph, take effect in different benefit weeks in accordance with this regulation, they shall all take effect on the first day of the benefit week in which they occur, unless a change taking effect under paragraphs (2), (3) or (4) takes effect in that week, in which case the changes shall all take effect on the day on which that change takes effect.
(7) Where, during a benefit week commencing on the first Monday in April—
(a)a change of circumstances takes effect in accordance with paragraph (5)(a)(ii);
(b)one or more changes of circumstances occur to which paragraph (1) applies; and
(c)no other change of circumstances occurs to which this regulation applies,
any change of circumstances to which paragraph (1) applies and which occurs in that benefit week shall take effect from the first day of that benefit week.
(8) Where the change of circumstances is that income, or an increase in the amount of income, other than a benefit or an increase in the amount of a benefit under the Act, is paid in respect of a past period and there was no entitlement to income of that amount during that period, the change of circumstances shall take effect from the first day on which such income, had it been paid in that period at intervals appropriate to that income, would have fallen to be taken into account for the purposes of these Regulations.
(9) Without prejudice to paragraph (8), where the change of circumstances is the payment of income, or arrears of income, in respect of a past period, the change of circumstances shall take effect from the first day on which such income, had it been timeously paid in that period at intervals appropriate to that income, would have fallen to be taken into account for the purposes of these Regulations.
(10) Subject to paragraph (11), where a change of circumstances occurs which has the effect of bringing entitlement to an end it shall take effect on the first day of the benefit week following the benefit week in which that change actually occurs except in a case where a person is liable to make payments, which fall due on a daily basis, in respect of a hostel in which case that change shall take effect on the day on which it actually occurs.
(11) Where the change of circumstances is that a person moves to a new dwelling and immediately after the move he is treated as occupying his former dwelling as his home in accordance with regulation 7(7) or (10) then that change of circumstances shall take effect on the day after the last day for which he is treated as liable to make payments in respect of the former dwelling in accordance with whichever of those regulations applies in his case.
Commencement Information
I1Reg. 77 in operation at 20.11.2006, see reg. 1(1)
Section 132 was amended by paragraph 41 of Schedule 7 to the Pension Schemes (Northern Ireland) Act 1993 (c. 49)