The Social Security (Claims and Payments) Regulations 1987

Changes over time for: Paragraph 4A

Alternative versions:

01/01/2014- Amendment
11/04/2022
Point in time

Status:

Point in time view as at 11/04/2022.

Changes to legislation:

There are currently no known outstanding effects for the The Social Security (Claims and Payments) Regulations 1987, Paragraph 4A.

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[F1Hostel paymentsE+W+S

4A.—(1) This paragraph applies to a beneficiary if—

(a)[F2the beneficiary] has been awarded specified benefit; and

[F3(b)either the beneficiary or the beneficiary’s partner—

(i)is resident in a hostel and has claimed housing benefit in the form of a rent rebate or rent allowance; or

(ii)is resident in approved premises under section 13 of the Offender Management Act 2007; and]

F4(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(d)the charge for [F5the hostel or approved premises, as the case may be,] includes a payment, whether direct or indirect, for one or more of the following services—

(i)water;

(ii)a service charge for fuel;

(iii)meals;

(iv)laundry;

(v)cleaning (other than communal areas).

(2) Subject to sub-paragraph (3) below, where a beneficiary F6... has been awarded specified benefit the [F7Secretary of State] may determine that an amount of specified benefit shall be paid to the person or body to whom the charges referred to in sub-paragraph (1)(d) above are or would be payable.

(3) The amount of any payment to a third party under this paragraph shall be either—

(a)the aggregate of the amounts determined by a housing authority in accordance with the provisions specified in sub-paragraph (4); or

(b)if no amount has been determined under paragraph (a) of this subparagraph, an amount which the [F8Secretary of State] estimates to be the amount which is likely to be so determined.

[F9(4) The provisions referred to in sub-paragraph (3)(a) above are [F10regulation 12B(5)] of, and paragraphs 1(a)(ii) and (iv), 2, 3, 4 and either 6(1)(b) or 6(2) or 6(3) or 6(4) of Schedule 1 to, the Housing Benefit Regulations or, as the case may be, the Housing Benefit (State Pension Credit) Regulations.]

F11(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(6) [F12Where—

(a)an award of income support is calculated in accordance with regulation 73(1) of the Income Support Regulations (calculation of income support for part-weeks); F13...

(b)an award of jobseeker’s allowance is calculated in accordance with regulation 150(1) of the Jobseeker’s Allowance Regulations (amount of a jobseeker’s allowance payable), [F14or]]

[F14(c)an award of employment and support allowance is calculated in accordance with regulation 165 of the Employment and Support Allowance Regulations (entitlement of less than a week etc.),]

the amount of any payment of income support or, as the case may be, jobseeker’s allowance [F15or employment and support allowance] payable to a third party determined under sub-paragraph (2) above shall be an amount calculated in accordance with sub-paragraph (3)(a) or (b) above divided by 7 and multiplied by the number of days in the part-week, and no payment shall be made to a third party under this sub-paragraph where the Secretary of State certifies that it would be impracticable to do so in that particular case.]

Textual Amendments

F1Sch. 9 para. 4A inserted (1.11.1991) by The Social Security (Miscellaneous Provisions) Amendment Regulations 1991 (S.I. 1991/2284), regs. 1, 15

F2Words in Sch. 9 para. 4A(1)(a) substituted (13.7.2009) by The Social Security (Miscellaneous Amendments) (No. 2) Regulations 2009 (S.I. 2009/1490), regs. 1, 2(8)(a)

F3Sch. 9 para. 4A(1)(b) substituted (13.7.2009) by The Social Security (Miscellaneous Amendments) (No. 2) Regulations 2009 (S.I. 2009/1490), regs. 1, 2(8)(b)

F4Sch. 9 para. 4A(1)(c) omitted (13.7.2009) by virtue of The Social Security (Miscellaneous Amendments) (No. 2) Regulations 2009 (S.I. 2009/1490), regs. 1, 2(8)(c)

F5Words in Sch. 9 para. 4A(1)(d) substituted (13.7.2009) by The Social Security (Miscellaneous Amendments) (No. 2) Regulations 2009 (S.I. 2009/1490), regs. 1, 2(8)(d)

F6Words in Sch. 9 para. 4A(2) omitted (16.11.1992) by virtue of The Social Security (Miscellaneous Provisions) Amendment (No. 2) Regulations 1992 (S.I. 1992/2595), regs. 1(1)(a), 8(4)(a)

F7Words in Sch. 9 para. 4A(2) substituted (18.10.1999 for specified purposes) by The Social Security Act 1998 (Commencement No. 11, and Savings and Consequential and Transitional Provisions) Order 1999 (S.I. 1999/2860), reg. 3(1), Sch. 3 para. 12(a)

F8Words in Sch. 9 para. 4A(3) substituted (18.10.1999 for specified purposes) by The Social Security Act 1998 (Commencement No. 11, and Savings and Consequential and Transitional Provisions) Order 1999 (S.I. 1999/2860), reg. 3(1), Sch. 3 para. 12(a)

F9Sch. 9 para. 4A(4) substituted (6.3.2006) by The Housing Benefit and Council Tax Benefit (Consequential Provisions) Regulations 2006 (S.I. 2006/217), reg. 1(1), Sch. 2 para. 2(3)(b)(i) (with regs. 2, 3, Sch. 3, Sch. 4)

F10Words in Sch. 9 para. 4A(4) substituted (with application in accordance with reg. 1(3)-(5) of the amending S.I.) by The Housing Benefit (Local Housing Allowance, Miscellaneous and Consequential) Amendment Regulations 2007 (S.I. 2007/2870), regs. 1(2), 2(a)

F11Sch. 9 para. 4A(5) omitted (6.3.2006) by virtue of The Housing Benefit and Council Tax Benefit (Consequential Provisions) Regulations 2006 (S.I. 2006/217), reg. 1(1), Sch. 2 para. 2(3)(b)(ii) (with regs. 2, 3, Sch. 3, Sch. 4)