The Housing Benefit, Supply of Information and Council Tax Benefit (Amendment) Regulations 1996

Amendment of the State Pension Credit Regulations

7.—(1) The State Pension Credit Regulations shall be amended in accordance with the following provisions of this regulation.

(2) To regulation 2(1) (information to be supplied by the Secretary of State to an authority) there shall be added, after sub-paragraph (r)(1), a new sub-paragraph (s)—

“(s) any information needed for, incidental to or consequential upon the Secretary of State’s certification to an authority pursuant to paragraph 2 of Schedule 5A to the Housing Benefit Regulations (extended payments of housing benefit).”.

(3) After regulation 4(2), there shall be added a new regulation 5—

“Information to be supplied by an authority to another authority

5.— (1) For the purposes of section 128A(3) of the Social Security Administration Act 1992 (duty of an authority to disclose information to another authority) the circumstances in which information is to be disclosed are prescribed in paragraph (2) and the information prescribed by this regulation is described in paragraph (3).

(2) The circumstances prescribed in this paragraph are, where—

(a) there is a mover who is or was in receipt of housing benefit from a local authority “A”;

(b) either his second dwelling is within the area of another local authority “B” or he is liable or treated as liable to make payments in respect of his second dwelling to housing authority B; and

(c) either—

(i) the extended payment is claimed from authority A; or

(ii) the extended payment is claimed from authority B, who then requests the prescribed information from authority A,

authority A shall disclose to authority B the information prescribed in paragraph (3).

(3) The information to be disclosed is—

(a) in a case where that extended payment was claimed from authority A, details of—

(i) the matters certified pursuant to regulation 62A of and Part I of Schedule 5A to the Housing Benefit Regulations;

(ii) the requirements specified at paragraph 3(3) of that Schedule; and

(iii) the date it was so claimed; and

(b) in any case—

(i) the weekly rate of housing benefit awarded to the mover by authority A;

(ii) if any deduction was being made from that benefit in respect of non-dependants, pursuant to regulations 61(1) and 63 of the Housing Benefit Regulations, the amount of those deductions;

(iii) if any deduction was being made from that benefit in respect of a recoverable overpayment pursuant to regulation 102 of the Housing Benefit Regulations, the amount of those deductions;

(iv) the date on which the relevant benefit period came to an end;

(v) if an extended payment was made to the mover, the amount and date of any such payment; and

(vi) if no extended payment was made, why none was made.

(4) In this regulation “extended payment” has the meaning assigned to it in regulation 2(1) of the Housing Benefit Regulations and “mover”, “the relevant benefit period”, “the relevant day” and “second dwelling” have the meanings assigned to them in paragraph 12 of Schedule 5A to those Regulations.”.

(1)

Sub-paragraph (r) was added by S.I. 1995/626.

(2)

Regulation 4 was added by S.I. 1994/578.

(3)

Section 128A was inserted by section 28(2) of the Jobseekers Act 1995 (c. 18).