The Social Security Benefits (Miscellaneous Amendments) Regulations 1993

Amendment of the Housing Benefit (General) Regulations 1987

6.  In regulation 8 of the Housing Benefit (General) Regulations 1987 (eligible housing costs)(1)—

(a) in paragraph (1), for the words “Subject to paragraphs (2) and (2A)” there shall be substituted the words “Subject to the following provisions of this regulation,”;

(b) after paragraph (2), there shall be inserted the following paragraphs—

“(2ZA) In its application to a person who, on 31st March 1993 either occupied as his home, or would for the purposes of regulation 5(8) have been treated as occupying as his home, accommodation provided under sections 21 to 24 or 26 of the National Assistance Act 1948(2), regulation 8(2) shall have effect as if sub-paragraph (b)(i)(aa) were ommitted.

(2ZB) Where in any case housing benefit was not payable in respect of 31st March 1993 by virtue of regulation 8(2)(b)(ii) or (iii) as then in force (persons in accommodation provided under the National Health Service Act 1977 or the Social Work (Scotland) Act 1968) regulation 8(2) shall have effect in that case as if—

(a) sub-paragraph (b)(i)(aa), or in Scotland, sub-paragraph (b)(ii)(aa), and

(b) the words “and for these purposes “board”” to the end of the paragraph, were omitted.”.

(1)

S.I. 1987/1971; the relevant amending instruments are S.I. 1988/1444 and 1971, 1992/201, 2148 and 3147.

(2)

1948 c. 29; section 21 was amended by the Local Government Act 1972 (c. 70), Schedule 23, paragraphs 1 and 2 and Schedule 30; the National Health Service Reorganisation Act 1973 (c. 32), Schedule 4, paragraph 44 and Schedule 5; the Housing (Homeless Persons) Act 1977 (c. 48), Schedule; the National Health Service Act 1977 (c. 49), Schedule 15, paragraph 5; the Health Service Act 1980 (c. 53), Schedule 1, Part I, paragraph 5; and the National Health Service and Community Care Act 1990 (c. 19), section 42(1), Schedule 9, paragraph 5(1) and (2) and Schedule 10. Section 22 was amended by the Social Work (Scotland) Act 1968 (c. 49), section 87(4) and Schedule 9, Part I; the Supplementary Benefits Act 1976 (c. 71), Schedule 7, paragraph 3; the Housing (Homeless Persons) Act 1977 (c. 48), Schedule; the Social Security Act 1980 (c. 30), section 20, Schedule 4, paragraph 2(1) and Schedule 5, Part II; the Health and Social Services and Social Security Adjudications Act 1983 (c. 41), section 20(1)(a), and the National Health Service and Community Care Act 1990, section 44, Schedule 10. Secrtion 24 was amended by the National Assistance (Amendment) Act 1959 (c. 30), section 1(1); the National Health Service (Scotland) Act 1972 (c. 58), Schedule 6, paragraph 82; the Local Government Act 1972 (c. 70), Schedule 23, paragraph 2; the National Health Service Reorganisation Act 1973 (c. 32), Schedule 4, paragraph 45; the Housing (Homeless Persons) Act 1977 (c. 48), Schedule; and the National Health Service and Community Care Act 1990, Schedule 9, paragraph 5(4). Section 26 was amended by the Health Services and Public Health Act 1968 (c. 46), section 44 and Schedule 4 and the Social Work (Scotland) Act 1968 (c. 49), Schedule 9, Part I and applied by section 87(3); the Local Government Act 1972 (c. 70), Schedule 23, paragraph 2; the Housing (Homeless Persons) Act 1977 (c. 48), Schedule; the Health and Social Services and Social Security Adjudications Act 1983 (c. 41), section 20(1)(b); the National Health Service and Community Care Act 1990, section 42(2) to (5), Schedule 9, paragraph 5(5), and Schedule 10 and the Community Care (Residential Accommodation) Act 1992 (c. 49).