The Housing Benefit and Council Tax Benefit (General) Amendment Regulations 2000

Explanatory Note

(This note is not part of the Regulations)

These Regulations amend the Housing Benefit (Information from Landlords and Agents) Regulations 1997 (S.I. 1997/2436) and further amend the Housing Benefit (General) Regulations (S.I. 1987/1971) (“the Housing Benefit Regulations”) and the Council Tax Benefit (General) Regulations (S.I. 1992/1814) (“the Council Tax Benefit Regulations”).

Regulation 2 amends the Housing Benefit (Information from Landlords and Agents) Regulations 1997 and provides that a request for an extension of time in which to supply information must be made within 4 weeks from the date on which the notice requesting the information was sent or given.

Regulation 3 defines “the Rent Officers Order” for the purposes of the Housing Benefit Regulations.

Regulation 4 amends regulation 2B of the Housing Benefit Regulations (cases in which section 1(1A) of the Administration Act is disapplied) to disapply section 1(1A) of the Social Security Administration Act so that children and young persons are not required to supply a national insurance number in connection with a claim for housing benefit.

Regulation 5 further amends regulation 11 (maximum rent) of the Housing Benefit Regulations. There is a new definition of “claim-related rent” which replaces the existing definitions of “relevant rent” and “property-specific rent”. There are other consequential amendments which reflect amendments to the Rent Officers (Housing Benefit Functions) Order 1997 (S.I. 1997/1984) and the Rent Officers (Housing Benefit Functions) (Scotland) Order 1997 (S.I. 1997/1995 (S.144)).

Regulation 6 amends regulation 12A of the Housing Benefit Regulations (requirement to refer to rent officers). It inserts a new paragraph which requires the authority to deduct certain specified charges from the total sum notified to the rent officer in its application for a determination, and makes other minor consequential amendments.

Regulation 7 inserts new regulations 12B to 12D into the Housing Benefit Regulations. Regulation 12B enables an appropriate authority to request a determination or redetermination of a rent officer to be redetermined while limiting the number of requests that may be made. Regulation 12C makes provision for an appropriate authority to apply for a substitute determination or redetermination where certain errors have arisen, either in the referral to the rent officer by the authority or on the part of the rent officer.

Regulation 12D provides that where the authority has obtained a substitute determination or redetermination, it may apply for a redetermination or further substitute determination or redetermination.

Regulation 8 amends regulation 66 of the Housing Benefit Regulations (benefit period), and provides for the appropriate authority to extend the current benefit period by not more than 60 benefit weeks where it has received a rent officer determination following notification by the claimant of a prescribed change of circumstances.

Regulation 9 amends regulation 79 of the Housing Benefit Regulations (review of determinations) to limit the number of times an appropriate authority shall request a rent officer redetermination or further redetermination following receipt of written representations from the claimant in respect of a determination the rent officer has made.

Regulation 10 amends the definition of an “excluded tenancy” in Schedule 1A to the Housing Benefit Regulations (excluded tenancies).

Regulation 11 inserts regulation 2B into the Council Tax Benefit Regulations, to disapply section 1(1A) of the Social Security Administration Act so that children and young persons are not required to supply a national insurance number in connection with a claim for council tax benefit.

These Regulations do not impose a charge on business.