The Housing Benefit and Council Tax Benefit (Extended Payments) Amendment Regulations 2008

Extended payments – consequential amendments to the Housing Benefit Regulations

4.—(1) The Housing Benefit Regulations shall be amended as follows.

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

(a) for the definition of “extended payment” substitute—

““extended payment” means a payment of housing benefit payable pursuant to regulation 72;

“extended payment period” means the period for which an extended payment is payable in accordance with regulation 72A or 73A;”;

(b) for the definition of “extended payment (severe disablement allowance and incapacity benefit)” substitute—

““extended payment (qualifying contributory benefits)” means a payment of housing benefit payable pursuant to regulation 73;”;

(c) for the definition of “mover” substitute—

““mover” means a claimant who changes the dwelling occupied as the claimant’s home from a dwelling in the area of the appropriate authority to a dwelling in the area of a second authority;”;

(d) after the definition of “the New Deal options” insert—

““new dwelling” means, for the purposes of the definition of “second authority” and regulations 72C, 73C, 115 and 116, the dwelling to which a claimant has moved, or is about to move, which is or will be occupied as the claimant’s new home;”;

(e) after the definition of “the qualifying age for state pension credit” insert—

““qualifying contributory benefit” means—

(a)

severe disablement allowance;

(b)

incapacity benefit;

“qualifying income-related benefit” means—

(a)

income support;

(b)

income-based jobseeker’s allowance;”;

(f) after the definition of “Rent Officers Order” insert—

““second authority” means the authority to which a mover is liable to make payments for the new dwelling;”; and

(g) omit the definition of “second dwelling”.

(3) In regulation 5 (persons who have attained the qualifying age for state pension credit)—

(a) omit paragraph (2); and

(b) in paragraph (3) for “paragraphs (1) and (2)” substitute “paragraph (1)”.

(4) Omit—

(a) regulation 77 (date on which housing benefit is to end);

(b) regulation 78 (date on which housing benefit is to end where entitlement to severe disablement allowance or incapacity benefit ceases);

(c) regulation 80(6)(2) (adjustment where in receipt of an extended payment);

(d) regulation 89(3) (priority to extended payment claims);

(e) Schedule 7(3) (extended payments of housing benefit); and

(f) Schedule 8(4) (extended payments (severe disablement allowance and incapacity benefit) of housing benefit).

(5) In Part 2 of Schedule 9 (awards where income support or an income-based jobseeker’s allowance is payable)—

(a) in the heading to paragraph 9 after “jobseeker’s allowance”, insert “, an extended payment or an extended payment (qualifying contributory benefits)”; and

(b) in paragraph 9 after the words “is awarded housing benefit”, insert “or a claimant is entitled to an extended payment in accordance with regulation 72 or an extended payment (qualifying contributory benefits) in accordance with regulation 73”.

(1)

Relevant amending instruments are S.I. 2007/1749 and 2868.

(2)

Regulation 80 was substituted by S.I. 2007/2868.

(3)

A relevant amending instrument is S.I. 2007/2868.

(4)

A relevant amending instrument is S.I. 2007/2868.