The Housing Benefit (General) Amendment Regulations 1994

Statutory Instruments

1994 No. 1003

SOCIAL SECURITY

The Housing Benefit (General) Amendment Regulations 1994

Made

31st March 1994

Laid before Parliament

8th April 1994

Coming into force

1st May 1994

The Secretary of State for Social Security, in exercise of powers conferred on him by sections 123(1)(d), 130(4), 135(1), 137(1) and 175(1) to (4) of the Social Security Contributions and Benefits Act 1992(1)and of all other powers enabling him in that behalf, after consultation with organisations appearing to him to be representative of the authorities concerned(2), and after agreement by the Social Security Advisory Committee that proposals in respect of these Regulations should not be referred to it(3), hereby makes the following Regulations:

Citation and commencement

1.  These Regulations may be cited as the Housing Benefit (General) Amendment Regulations 1994 and shall come into force on 1st May 1994.

Amendment of Regulations

2.  In paragraph 1 of Schedule 1 to the Housing Benefit (General) Regulations 1987(4)(ineligible service charges), for sub-paragraph (f) there shall be substituted the following sub-paragraph—

“(f) charges in respect of general counselling or of any other support services, whoever provides those services, except where those services—

(i) relate to the provision of adequate accommodation; or

(ii) are provided to tenants by either—

(aa) their landlord in person; or

(bb) someone employed by their landlord (“the employee”),

and the landlord or, as the case may be, the employee spends the majority of the time, during which he provides any services, in providing services the charges for which are eligible under these Regulations (other than any tht are eligible only under the terms of this head).”.

Signed by authority of the Secretary of State for Social Security.

William Hague

Parliamentary Under-Secretary of State,

Department of Social Security

31st March 1994

Explanatory Note

(This note is not part of the Regulations)

These Regulations further amend the Housing Benefit (General) Regulations 1987. They provide that service charges for general counselling and support are eligible payments for Housing Benefit only where either the services are related to the provision of adequate accommodation or where the claimant’s landlord or the landlord’s employee spends the majority of the time, during which he provides services, in the provision of eligible services.

These Regulations do not impose a charge on businesses.

(1)

1992 c. 4; section 137(1) is an interpretation provision and is cited because of the meaning there ascribed to the word “prescribed”. The power conferred by section 130(4) is extended by section 130(5).

(2)

See the Social Security Administration Act 1992 (c. 5), section 176(1).

(3)

See the Social Security Administration Act 1992, section 173(1)(b) and (7); section 173(7) defines “regulations”.

(4)

S.I. 1987/1971.