The Social Security (Claims and Information) Regulations 1999

Claims for Housing Benefit

9.  There shall be inserted after regulation 72A of the Housing Benefit Regulations(1) the following regulations —

“Claims for housing benefit made to a relevant authority

72B.— (1) Without prejudice to a person’s right to make a claim for housing benefit in accordance with regulation 72(4) but subject to regulation 72C claims for housing benefit may also be made at the offices of a relevant authority displaying the One logo where the claimant resides in a postcode district identified in Part I or II of Schedule 2 to the Social Security (Claims and Information) Regulations 1999 (a “relevant office”).

(2) For the purposes of this regulation, a “relevant authority” means —

(a) an appropriate DSS office;

(b) a person providing services to the Secretary of State for Social Security or the Secretary of State for Education and Employment where the service provided includes the taking of claims for social security benefit;

(c) the appropriate local authority;

(d) a person providing services to the appropriate authority where the service includes matters relating to housing benefit;

(e) a person authorised to exercise any function of an appropriate authority relating to housing benefit.

(3) A claim made in accordance with paragraph (1) shall be —

(a) in writing on a form approved for the purpose by the relevant authority, or in such other manner, being in writing, as the person to whom the claim is made may accept as sufficient in the circumstances of the particular case; and

(b) accompanied by or supplemented by such certificates, information or evidence as are required in accordance with regulation 73(1).

(4) A claim may be sent or delivered to a relevant authority.

(5) Where a claim is received at —

(a) an appropriate DSS office;

(b) the office of a person providing services to the Secretary of State for Social Security or the Secretary of State for Education and Employment; or

(c) a local authority office, other than a designated office, to which claims may be made in accordance with paragraph (1),

the claim, together with any information or evidence held at that office which is relevant to that claim, shall be forwarded to the designated office.

(6) Where the benefit claimed in accordance with paragraph (1) is housing benefit, the date on which the claim is made shall be —

(a) except where sub-paragraph (b) applies, the date the claim is received in a relevant office; or

(b) where in the 4 weeks before the claim is received in the relevant office, the person making the claim or a person acting on his behalf had notified the relevant office of his intention to make such a claim, the date the notification was given.

(7) A notification of intention to make a claim is deemed to be given on the date on which notification of the intention to claim housing benefit is received, in whatever form, from the claimant, or the person acting on his behalf, at a relevant office.

(8) Paragraph (7) applies where neither income support nor a jobseeker’s allowance is claimed in conjunction with housing benefit.

(9) Where the person claiming housing benefit in accordance with paragraph (1), or the partner of that person, —

(a) has an award of income support or income-based jobseeker’s allowance; or

(b) has claimed such a benefit but no award has been made,

the date on which the claim for housing benefit is made shall be determined as if sub-paragraphs (a), (b), (c) and (e) of paragraph (1) of regulation 72A applied to that claim as they apply to claims under regulation 72(4)(d).

(10) Paragraphs (6) to (17) of regulation 72 shall apply to a claim made to a relevant authority, but as if for references to —

(a) an “appropriate DSS office” there were substituted references to a “relevant authority”;

(b) paragraph (1) was to paragraph (3) of this regulation.

Claims made to an office which is both a gateway office and a relevant office

72C.   Where a claim for housing benefit is sent or delivered to an office which is both a gateway office and a relevant office for the purposes of regulation 72B, the claim shall be treated as if it had been sent or delivered to a relevant office only.”.

(1)

Regulation 72A was inserted by S.I. 1999/1539.