The Housing Benefit (Amendment) Regulations 2011

EXPLANATORY NOTE

(This note is not part of the Regulations)

Regulation 2(2) of these Regulations amends the Housing Benefit Regulations 2006 (S.I. 2006/213) (“the Housing Benefit Regulations”) so as to extend the definition of “young individual” to include single claimants who are under the age of 35, rather than 25 as at present.

Where a person falls within the definition of “young individual” the effect is that their housing benefit is limited to the rate applicable to a room in shared accommodation, rather than the rate applicable to one-bedroom self-contained accommodation, unless they benefit from an exemption.

Regulation 2(2)(b) and (3) provide for additional exemptions from the extension of the age range for young individuals. These exemptions apply to—

—certain homeless people,

—offenders in respect of whom multi-agency management arrangements are in place under the Criminal Justice Act 2003 or, in Scotland, under the Management of Offenders etc. (Scotland) Act 2005 (“the 2005 Act”),

—certain offenders in Scotland who are not covered by the duty on responsible authorities in section 10(1) of the 2005 Act only because certain of its provisions are not yet fully in force but whom the local authority considers may cause serious harm to the public at large.

Regulation 2(4) and (5) make amendments to regulation 12M of the Housing Benefit Regulations. Regulation 12M was inserted by the Housing Benefit (Amendment) Regulations 2010 (S.I. 2010/2835) and provides for a period of up to 9 months during which certain existing claimants in the private rented sector are protected from reductions which that instrument and the Rent Officers (Housing Benefit Functions) Amendment Order 2010 (S.I. 2010/2836) make to housing benefit in cases covered by the local housing allowance.

Regulation 12M provides that, at the end of the 9 month period, most claimants’ housing benefit will revert to that which would have been set but for this transitional protection. However regulation 2(3) and (4) amend regulation 12M to provide that, for existing claimants who become “young individuals” as a result of this instrument (i.e. single claimants who have reached 25 but are under 35 years old) their housing benefit will change to the rate applicable, at the end of the 9 month period, to a room in shared accommodation. However this will not change the date at which their housing benefit subsequently falls to be reassessed.

Regulation 3 omits a redundant definition in regulation 2(1) of the Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 2006 (S.I. 2006/214).

The report of the Social Security Advisory Committee dated 6th July 2011 on the Secretary of State’s proposal to make these Regulations, together with a statement showing the extent to which these Regulations give effect to the recommendations of the Committee and, in so far as they do not give effect to them, the reasons why not, are contained in an Act Paper published by The Stationery Office Ltd at www.tso.co.uk .

A full impact assessment has not been produced for this instrument as it has no impact on the private sector or civil society organisations.