The Housing Benefit (State Pension Credit) (Local Housing Allowance and Information Sharing) Amendment Regulations 2007

Amendments to regulations 2, 3, 11 and 12 of the Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 2006

4.—(1) In regulation 2(1) (interpretation)—

(a) for the definition of “eligible rent” substitute—

““eligible rent” means as the case may require, an eligible rent determined in accordance with—

(a)

regulations 12B (eligible rent), 12C (eligible rent and maximum rent) or 12D (eligible rent and maximum rent (LHA)); or

(b)

regulations 12 (rent) and 13 (restrictions on unreasonable payments) as set out in paragraph 5 of Schedule 3 to the Consequential Provisions Regulations in a case to which paragraph 4 of that Schedule applies;”;

(b) for the definition of “housing association” substitute—

““housing association” has the meaning assigned to it by section 1(1) of the Housing Associations Act 1985 M1 ;”;

(c) for the definition of “maximum rent” substitute—

““maximum rent” means the amount to which the eligible rent is restricted in a case where regulation 13 applies;”;

(d) for the definition of “non-dependant deduction” substitute—

““non-dependant deduction” means a deduction that is to be made under regulation 55 (non-dependant deductions);”;

(e) for the definition of “Rent Officers Order” substitute—

““Rent Officers Order” means the Rent Officers (Housing Benefit Functions) Order 1997 M2 or, as the case may be, the Rent Officers (Housing Benefit Functions) (Scotland) Order 1997 M3 ;”.

(f) at the appropriate places insert—

““amended determination” means a determination made in accordance with article 7A M4 of the Rent Officers Order;

“broad rental market area” has the meaning specified in paragraph 4 of Schedule 3B M5 to the Rent Officers Order;

“broad rental market area determination” means a determination made in accordance with article 4B(1A) M6 of the Rent Officers Order;

“change of dwelling” means, for the purposes of regulations 13C and 14, a change of dwelling occupied by a claimant as his home during the award where the dwelling to which the claimant has moved is one in respect of which the authority may make a rent allowance;

“linked person” means—

(a)

any member of the claimant's family;

(b)

if the claimant is a member of a polygamous marriage, any partners of his and any child or young person for whom he or a partner is responsible and who is a member of the same household; or

(c)

any relative of the claimant or his partner who occupies the same dwelling as the claimant, whether or not they reside with him, except for a relative who has a separate right of occupation of the dwelling which would enable them to continue to occupy it even if the claimant ceased his occupation of it;

“local housing allowance” means an allowance determined in accordance with paragraph 2 of Schedule 3B to the Rent Officers Order;

“maximum rent (LHA)” means the amount determined in accordance with regulation 13D;

“reckonable rent” means payments which a person is liable to make in respect of the dwelling which he occupies as his home, and which are eligible, or would, but for regulation 13, be eligible for housing benefit;

[F1 “registered housing association” means a housing association which—

(a)

is registered in a register maintained by the Corporation or the National Assembly for Wales under Chapter 1 of Part 1 of the Housing Act 1996; or

(b)

in Scotland, is registered by Scottish Ministers by virtue of section 57(3)(b) of the Housing (Scotland) Act 2001,

and “the Corporation” has the same meaning as in section 56 of the Housing Act 1996;]

“relevant information” means information or evidence forwarded to the relevant authority by an appropriate DWP office regarding a claim on which rent allowance may be awarded, which completes the transfer of all information or evidence held by the appropriate DWP office relating to that claim;”.

(2) In regulation 3(4) (definition of non-dependant) after “and regulation 9” insert “ and the definition of “linked person” in regulation 2 ”.

(3) In regulation 11 (eligible housing costs)—

(a) for paragraph (1) substitute—

“(1) Subject to the following provisions of this regulation, housing benefit shall be payable in respect of the payments specified in regulation 12(1) (rent) and a claimant's maximum housing benefit shall be calculated under Part 7 (amount of benefit) by reference to the amount of his eligible rent determined in accordance with—

(a) regulation 12B (eligible rent);

(b) regulations 12C (eligible rent and maximum rent), 13 (maximum rent), 13ZA (protection on death and 13 week protection) and 13ZB (change in reckonable rent);

(c) regulations 12D (eligible rent and maximum rent (LHA)), 13C (when a maximum rent (LHA) is to be determined) and 13D (determination of a maximum rent (LHA)); or

(d) regulations 12 (rent) and 13 (restrictions on unreasonable payments) as set out in paragraph 5 of Schedule 3 to the Consequential Provisions Regulations,

whichever is applicable in his case.”;

(b) in paragraph (3) for “ paragraphs (1) to (3) of that regulation” substitute “ paragraphs (1) or (2) of that regulation or paragraph (2) of regulation 12B ”.

(4) In regulation 12 (rent)—

(a) omit paragraphs (3) to (7);

(b) in paragraph (8) after “regulation” insert “ , regulation 12B (eligible rent) ”.

Textual Amendments

F1 Words in reg. 4(1)(f) substituted (7.4.2008) by Housing Benefit (Local Housing Allowance, Information Sharing and Miscellaneous) Amendment Regulations 2008 (S.I. 2008/586), regs. 1, 5(3)

Marginal Citations

M1 1985 c. 69.

M2 S.I. 1997/1984; relevant amending instruments are S.I. 2000/1, 2001/1325, 2001/2317, 2003/2398, 2006/217 and 2007/2871.

M3 S. I. 1997/1995; relevant amending instruments are S.I. 2000/3, 2001/1236, 2001/2318, 2003/2398, 2006/217 and 2007/2871.

M4 Article 7A was inserted into the Rent Officers (Housing Benefit Functions) Order 1997 by S.I. 2000/1 and into the Rent Officers (Housing Benefit Functions) (Scotland) Order 1997 by S.I. 2000/3. It was amended in both instruments by S.I. 2003/2398.

M5 Schedule 3B is inserted by S.I. 2007/2871.

M6 Article 4B was inserted by S.I. 2003/2398. Paragraph (1A) is inserted by S.I. 2007/2871.