The Housing Benefit (Loss of Benefit) (Pilot Scheme) (Supplementary) Regulations 2007

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

8.  The Housing Benefit and Council Tax Benefit (Decisions and Appeals) Regulations 2001(1) are to apply subject to the following amendments—

(a) in regulation 1 (citation, commencement and interpretation) at the appropriate places insert—

““the Contributions and Benefits Act” means the Social Security Contributions and Benefits Act 1992;”; and

““the Pilot Scheme Regulations” means the Housing Benefit (Loss of Benefit) (Pilot Scheme) Regulations 2007;”;

(b) in regulation 4 (revision of decisions) after paragraph (7F)(2) insert—

“(7G) Where the court makes a relevant order for possession, as defined in section 130C of the Contributions and Benefits Act (relevant orders for possession) and the order is set aside, a decision in accordance with regulation 7(2)(k) may be revised at any time.”;

(c) in regulation 7(2) (decisions superseding earlier decisions) after sub-paragraph (j) add—

“(k) that housing benefit is payable to a claimant where that benefit is reduced under regulation 4 of the Pilot Scheme Regulations (reduction of benefit);

(l) made under sub-paragraph (k) and the claimant is a person in hardship under regulation 5 of the Pilot Scheme Regulations (meaning of “person in hardship”);

(m) made under sub-paragraph (k) or (l) where section 130B(6) of the Contributions and Benefits Act applies so that the restriction period under that section stops running;

(n) made under sub-paragraph (m) where section 130B(6) of that Act applies so that the restriction period starts running again.”;

(d) in regulation 8 (date from which a decision superseding an earlier decision takes effect) after paragraph (14A)(3) insert—

“(14B) A decision to which regulation 7(2)(k) applies shall take effect in accordance with regulation 4 of the Pilot Scheme Regulations;

(14C) A decision to which regulation 7(2)(l) applies shall take effect on the day the claimant first represented himself to be a person in hardship in accordance with regulation 5 of the Pilot Scheme Regulations.”.

(1)

S.I. 2001/1002.

(2)

Paragraph (7F) was inserted by S.I. 2006/644.

(3)

Paragraph (14A) was inserted by S.I. 2005/2677.