The Social Security Benefits (Amendments Consequential Upon the Introduction of Community Care) Regulations 1992

Amendment of regulation 7 of the Housing Benefit Regulations

5.—(1) Regulation 7 of the Housing Benefit Regulations (circumstances in which a person is to be treated as not liable to make payments in respect of a dwelling)(1) shall be amended in accordance with the following provisions of this regulation.

(2) In paragraph (2), sub-paragraphs (a) and (b) shall be omitted.

(3) After paragraph (3) there shall be added the following paragraphs—

“(4) Subject to the following provisions of this regulation, paragraph (5) applies to a person who—

(a) occupies or is treated by regulation 5(8) as occupying residential accommo dation on 31st March 1993,

(b) is or was liable to pay rent in respect of that accommodation for that day,

(c) is a person to whom sub-paragraph (a) or (b) of paragraph (2) applies immediately before 1st April 1993; and

(d) is or was entitled to housing benefit in respect of the liability mentioned in sub-paragraph (b).

(5) In the case of a person to whom this paragraph applies, regulation 7 shall continue to apply to him as if the amendments specified in regulation 5(2) of the Social Security Benefits (Amendments Consequential Upon the Introduction of Community Care) Regulations 1992(2) had not been made.

(6) Subject to the following provisions of this regulation, paragraph (7) applies to a person who—

(a) occupies or is treated under regulation 5(8) as occupying accommodation in an establishment which on 1st April 1993 is registered as a small home under Part I of the Registered Homes Act 1984(3) or is deemed to be so registered under section 2(3) of the Registered Homes (Amendment) Act 1991(4)(registration of small homes where application for registration not determined);

(b) was occupying, or was treated under regulation 5(8) as occupying, that accommodation on 31st March 1993;

(c) is or was liable to pay rent in respect of that accommodation for 31st March 1993; and

(d) is or was entitled to housing benefit in respect of that liability.

(7) In the case of a person to whom this paragraph applies, paragraph (3) shall apply as if sub-paragraph (a) was omitted.

(8) Subject to paragraph (9), where on 1st April 1993 paragraph (5) or paragraph (7) applies to a person that paragraph shall cease to apply to him—

(a) on the day on which he is first absent from the accommodation which he occupied or was treated under regulation 5(8) as occupying on 31st March 1993; and

(b) on any day which falls after that day.

(9) For the purposes of paragraph (8) any absence which is temporary shall be disregarded and for those purposes an absence is temporary where during the absence the person is treated by regulation 5(8) as occupying the accommodation as his home.

(10) Where a person—

(a) ceases to be entitled to housing benefit; and

(b) was before he ceased to be entitled a person to whom either paragraph (5) or paragraph (7) applied,

that paragraph or those paragraphs shall not apply to him in the case of any subsequent claim for housing benefit except where the claim takes effect in accordance with regulation 72(12) or (13) (repeat claims) immediately after the end of the benefit period.

(11) Where on 31st March 1993 a person occupies or is treated as occupying an establishment mentioned in paragraph (6)(a) and on a day subsequent to that date the establishment—

(a) if it was registered under Part I of the Registered Homes Act 1984, ceases to be so registered; or

(b) if it was deemed to be so registered is neither registered nor deemed to be registered,

then on that day and on any day thereafter paragraph (7) shall not apply to that person.

(12) In this regulation, “small home” has the same meaning as in Part I of the Registered Homes Act 1984(5) by virtue of section 1(4A) of that Act(6).”.

(1)

Regulation 7 was amended by S.I. 1990/2564.

(2)

S.I. 1992/3147.

(3)

1984 c. 23.

(4)

) 1991 c. 20.

(5)

1984 c. 23.

(6)

Inserted by section 1(2) of the Registered Homes (Amendment) Act 1991 (c. 20).