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

Amendment of the Housing Benefit and Council Tax Benefit (Decisions and Appeals) Regulations 2001

4.—(1) The Housing Benefit and Council Tax Benefit (Decisions and Appeals) Regulations 2001(1) shall be amended as follows.

(2) In regulation 7 (decisions superseding earlier decisions)—

(a) omit paragraphs (2ZA), (2B) and (2C);

(b) in paragraph (3) omit “regulation 88(3) of the Housing Benefit Regulations, regulation 69(3) of the Housing Benefit (State Pension Credit) Regulations”.

(3) After regulation 7 (decisions superseding earlier decisions) insert—

“Decisions superseding earlier decisions in accordance with paragraph 4(4A) of Schedule 7 to the Act

7A.— (1) The prescribed cases and circumstances in which a decision must be made under paragraph 4 of Schedule 7 to the Act (decisions superseding earlier decisions) are set out in paragraphs (2) to (4).

(2) The appropriate relevant authority must make a decision superseding an earlier decision where it is required to determine a maximum rent (LHA) in accordance with regulation 13C of the Housing Benefit Regulations and regulation 13C of the Housing Benefit (State Pension Credit) Regulations (when a maximum rent (LHA) is to be determined).

(3) The appropriate relevant authority must make a decision superseding an earlier decision in any case to which regulation 14(1)(f) or (g) or the Housing Benefit Regulations or regulation 14(1)(f) or (g) of the Housing Benefit (State Pension Credit) Regulations (requirement to refer to rent officers) applies.

(4) The appropriate relevant authority must make a decision superseding an earlier decision where a change of circumstances specified in regulation 88(3) of the Housing Benefit Regulations or regulation 69(3) of the Housing Benefit (State Pension Credit) Regulations (changes of circumstances which do not need to be notified) occurs.”.

(4) In regulation 8 (date from which a decision superseding an earlier decision takes effect)—

(a) in paragraph (6A) for “regulation 7(2ZA)” substitute “regulation 7A(3)”;

(b) for paragraph (15) substitute—

“(15) A decision to which regulation 7A(2) applies shall take effect from the first day of the benefit week in which the determination in accordance with regulation 13C of the Housing Benefit Regulations or regulation 13C of the Housing Benefit (State Pension Credit) Regulations (when maximum rent (LHA) is to be determined) was made.”.

(1)

S.I. 2001/1002; relevant amending instruments are S.I. 2002/490, 2002/1703, 2003/325, 2003/1050, 2003/1338, 2003/2275, 2003/2399, 2004/14, 2005/2267 and 2006/217.