The Housing Benefit (Amendment) Regulations 2011

Amendment of the Housing Benefit Regulations 2006

2.—(1) The Housing Benefit Regulations 2006(1) are amended as follows.

(2) In the definition of “young individual” in regulation 2(1)(2) (interpretation)—

(a) for “25 years”, substitute “35 years”;

(b) after paragraph (g), insert—

“or

(h) who has attained the age of 25 years and to whom paragraph (1A), (1C) or both apply;”.

(3) After regulation 2(1) insert—

“(1A) This paragraph applies to a claimant (“C”) if—

(a) C has, for a total of at least 3 months (whether or not continuously), occupied as his home one or more hostels for homeless people; and

(b) whilst occupying such a hostel, C has been offered and has accepted support services with a view to assisting him to be rehabilitated or resettled within the community.

(1B) For the purposes of determining whether C meets the condition in paragraph (1A)(a), “hostel for homeless people” means a hostel, as defined in paragraph (1), the main purpose of which is to provide accommodation together with care, support or supervision for homeless people with a view to assisting such persons to be rehabilitated or resettled within the community.

(1C) This paragraph applies—

(a) in England and Wales, to a claimant (“C”) if C is the subject of active multi-agency management pursuant to arrangements established by a responsible authority under section 325(2) of the Criminal Justice Act 2003 (arrangements for assessing etc. risks posed by certain offenders)(3); or

(b) in Scotland, to a claimant (“C”) if C is—

(i) the subject of local inter-agency risk management or management by the multi-agency public protection panel pursuant to arrangements established by the responsible authorities under section 10(1) of the Management of Offenders etc. (Scotland) Act 2005 (arrangements for assessing and managing risks posed by certain offenders)(4); or

(ii) a person to whom section 10(1) of that Act does not apply by reason only of the fact that section 10(1)(b) or (d) has not been brought fully into force and C is considered by the relevant authority to be a person who may cause serious harm to the public at large; or

(iii) a person to whom section 10(1) of that Act does not apply by reason only of the fact that section 10(1)(e) has not been brought fully into force and who has been convicted of an offence, if by reason of that conviction, C is considered by the relevant authority to be a person who may cause serious harm to the public at large.”.

(4) In regulation 12M(4)(5) (transitional protection – reduction in LHA) for “Where”, substitute “Subject to paragraph (4A), where”.

(5) After regulation 12M(4) insert—

“(4A) Where on the date when the eligible rent ceases to apply because of paragraph (3)(a), the claimant is a young individual who has attained the age of 25 years—

(a) the eligible rent will be the maximum rent (LHA) which would apply if the relevant authority were to determine one by reference to that date, but

(b) the LHA date for the purposes of regulation 13C will remain the date by reference to which the local housing allowance used in the determination referred to in paragraph (1)(b) was identified.”.

(1)

S.I. 2006/213.

(2)

Relevant amending instruments are S.I. 2007/2868 and 2010/2835.

(3)

2003 c. 44. Section 10(1) was amended by S.I. 2008/ 912. See “MAPPA Guidance (2009) Version 3.0” published in April 2009 by the Secretary of State.

(4)

2005 asp 14. See Justice and Communities Circular JD/3/2008 and NHS CEL (2007) 8, “Sections 10 and 11 of the Management of Offenders etc. (Scotland) Act 2005, Implementation of the Multi Agency Public Protection Arrangements (MAPPA) in Scotland”, Version 4, published by the Scottish Ministers in April 2008, ISBN 978 0 7559 1673 3.

(5)

Regulation 12M was inserted by S.I. 2010/2835.