The Housing Benefit (Local Housing Allowance, Miscellaneous and Consequential) Amendment Regulations 2007

Citation, commencement and interpretation

1.—(1) These Regulations may be cited as the Housing Benefit (Local Housing Allowance, Miscellaneous and Consequential) Amendment Regulations 2007.

(2) This regulation and, subject to paragraph (4) (which relates to non-local housing allowance cases), regulations 2 to 6, shall come into force on 7th April 2008.

(3) This paragraph applies to a case where no reference was made to a maximum rent (standard local rate) in determining the amount of the eligible rent which applied immediately before 7th April 2008 and in this paragraph—

“eligible rent” shall be construed in accordance with—

(i)

regulations 12 or 12A of the Housing Benefit Regulations 2006(1) or the Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 2006(2) as in force immediately before 7th April 2008; or

(ii)

in a case to which paragraph 4 of Schedule 3 to the Housing Benefit and Council Tax Benefit (Consequential Provisions) Regulations 2006(3) applies, regulations 12 and 13 of the Housing Benefit Regulations 2006 or the Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 2006 as set out in paragraph 5 of that Schedule as in force immediately before 7th April 2007.

“maximum rent (standard local rate)” means a maximum rent (standard local rate) determined in accordance with regulation 13A of the Housing Benefit Regulations 2006 or the Housing Benefit (persons who have attained the qualifying age for state pension credit) Regulations 2006 as in force immediately before 7th April 2008.

(4) In a case to which paragraph (3) applies, these Regulations shall come into force on the day when, on or after 7th April 2008, the first of the following sub-paragraphs applies—

(a) a relevant authority is required to apply to a rent officer by virtue of regulation 14 of the Housing Benefit Regulations or the Housing Benefit (State Pension Credit) Regulations;

(b) sub-paragraph (a) would apply but for the case falling within regulation 14(4)(a) of, or regulations 14(4)(b) of and paragraph 2 of Schedule 2 to, the Housing Benefit Regulations or the Housing Benefit (State Pension Credit) Regulations (no application to rent officer required as an existing rent officer determination may be used);

(c) a relevant authority is required to determine an eligible rent in accordance with regulation 12(3)(b) of the Housing Benefit Regulations or the Housing Benefit (State Pension Credit) Regulations; or

(d) a relevant authority is required to determine an eligible rent in accordance with regulation 12(3) of the Housing Benefit Regulations 2006 or regulation 12(3) of the Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 2006 as set out in paragraph 5 of Schedule 3 to the Consequential Provisions Regulations,

and in this paragraph “relevant authority” means an authority administering housing benefit.

(5) Where paragraph (4) does not apply before 6th April 2009, these Regulations shall come into force on that date.

(6) In paragraph (4) of this regulation—

“the Housing Benefit Regulations” means the Housing Benefit Regulations 2006 as in force immediately before the coming into force of regulations 4 to 19 of the Housing Benefit (Local Housing Allowance and Information Sharing) Amendment Regulations 2007 in that case;

“the Housing Benefit (State Pension Credit) Regulations” means the Housing Benefit (persons who have attained the qualifying age for state pension credit) Regulations 2006 as in force immediately before the coming into force of regulations 4 to 19 of the Housing Benefit (State Pension Credit) (Local Housing Allowance and Information Sharing) Amendment Regulations 2007 in that case;

“the Consequential Provisions Regulations” means the Housing Benefit and Council Tax Benefit (Consequential Provisions) Regulations 2006 as in force immediately before the coming into force of regulations 2 to 6 of these regulations in that case.

(1)

2006/213. Relevant amending instruments are S.I. 2007/1356 and 2868.

(2)

2006/214. Relevant amending instruments are S.I. 2007/1356 and 2868.

(3)

2006/217.