The Housing Benefit and Council Tax Benefit (Miscellaneous Amendments) Regulations 1995

Amendment of regulation 5 of the Housing Benefit Regulations

5.  In regulation 5 of the Housing Benefit Regulations (circumstances in which a person is or is not to be treated as occupying a dwelling as his home)—

(a) after paragraph (8) there shall be inserted the following new paragraph—

“(8A) Where a person is detained in custody pending sentence upon conviction or under a sentence imposed by a court, other than a person who is detained under the Mental Health Act 1983(1) or the Mental Health (Scotland) Act 1984(2), he shall not, for any day that he is on temporary release from detention in accordance with Rules made under the provisions of the Prison Act 1952(3) or the Prisons (Scotland) Act 1989(4), be treated for the purposes of this regulation as if his detention has ceased.”;

(b) in paragraph (9), in sub–paragraph (a) of the definition of “residential accommodation” the words “and 26” shall be omitted.

(1)

1983 c. 20.

(2)

1984 c. 36.

(3)

1952 c. 52.

(4)

1989 c. 45.