The Housing Benefit and Council Tax Benefit (Decisions and Appeals) Regulations 2001

Person treated as a person affected by a decision E+W+S

3.—(1) For the purposes of Schedule 7 to the Act and subject to paragraph (2), a person is to be treated as a person affected by a relevant decision of a relevant authority where that person is—

(a) a claimant;

(b) in the case of a person who is liable to make payments in respect of a dwelling and is unable for the time being to act—

(i) a [F1 deputy] appointed by the Court of Protection with power to claim, or as the case may be, receive benefit on his behalf,

(ii) in Scotland, a tutor, curator, judicial factor or other guardian acting or appointed in terms of law administering that person’s estate, or

(iii) an attorney with a general power or a power to receive benefit appointed by the person liable to make those payments under [F2 the Powers of Attorney Act 1971, the Enduring Powers of Attorney Act 1985 or the Mental Capacity Act 2005 or otherwise];

[F3 (c) a person appointed by the relevant authority under regulation 82(3) of the Housing Benefit Regulations, regulation 63(3) of the Housing Benefit (State Pension Credit) Regulations, regulation 68(3) of the Council Tax Benefit Regulations or, as the case may be, regulation 52(3) of the Council Tax Benefit (State Pension Credit) Regulations (appointments for persons unable to act);]

[F3 (d) a person from whom the relevant authority determines that—

(i) an overpayment is recoverable in accordance with Part 13 of the Housing Benefit Regulations or Part 12 of the Housing Benefit (State Pension Credit) Regulations; or

(ii) excess benefit is recoverable in accordance with Part 11 of the Council Tax Benefit Regulations or Part 10 of the Council Tax Benefit (State Pension Credit) Regulations; or]

[F3 (e) a landlord or agent acting on behalf of that landlord and that decision is made under—

(i) regulation 95 (circumstances in which payment is to be made to the landlord) of the Housing Benefit Regulations;

(ii) regulation 96 (circumstances in which payment may be made to the landlord) of those Regulations;

(iii) regulation 76 (circumstances in which payment is to be made to the landlord) of the Housing Benefit (State Pension Credit) Regulations;

(iv) regulation 77 (circumstances in which payment may be made to the landlord) of those Regulations.]

(2) Paragraph (1) only applies in relation to a person referred to in paragraph (1) where the rights, duties or obligations of that person are affected by a relevant decision.

Textual Amendments

F1 Word in reg. 3(1)(b)(i) substituted (1.10.2007) by The Social Security (Miscellaneous Amendments) (No. 5) Regulations 2007 (S.I. 2007/2618), regs. 1(1), 9(2)(a)

F2 Words in reg. 3(1)(b)(iii) substituted (1.10.2007) by The Social Security (Miscellaneous Amendments) (No. 5) Regulations 2007 (S.I. 2007/2618), regs. 1(1), 9(2)(b)

F3 Reg. 3(1)(c)-(e) substituted (6.3.2006) by The Housing Benefit and Council Tax Benefit (Consequential Provisions) Regulations 2006 (S.I. 2006/217), reg. 1(1), Sch. 2 para. 17(3)(a) (with regs. 2, 3, Sch. 3, Sch. 4)