The Social Security (Loss of Benefit) Regulations 2001

PART V E+W+S HOUSING BENEFIT AND COUNCIL TAX BENEFIT

Circumstances where a reduced amount of housing benefit and council tax benefit is payable E+W+S

17.—(1) Subject to F1 [F2 ...] regulation 18, any payment of housing benefit or, as the case may be, council tax benefit which falls to be made to an offender in respect of any week in the disqualification period or to an offender’s family member in respect of any week in the relevant period shall be reduced—

(a) where the claimant or a member of his family is pregnant or seriously ill, by a sum equivalent to 20 per cent.;

(b) in any other case, by a sum equivalent to 40 per cent.,

of the amount which is or, where he is not the claimant or is not single, would be applicable to the offender in respect of a single claimant for those benefits on the first day of the disqualification period or, where the payment falls to be made to an offender’s family member, on the first day of the relevant period and specified in [F3 paragraph 1 of Schedule 3 to the Housing Benefit Regulations or, as the case may be, in paragraph 1(1) of Schedule 3 of the Housing Benefit (State Pension Credit) Regulations, in paragraph 1(1) of Schedule 1 to the Council Tax Benefit Regulations, or in paragraph 1(1) of Schedule 1 of the Council Tax Benefit (State Pension Credit) Regulations].

(2) A reduction under paragraph (1) shall, if it is not a multiple of 5p, be rounded to the nearest such multiple or, if it is a multiple of 2.5p but not of 5p, to the next lower multiple of 5p.

(3) Where the rate of housing benefit or council tax benefit payable to a claimant changes, the rules set out above for a reduction in the benefit payable shall be applied to the new rates and any adjustment to the reduction shall take effect from the beginning of the first benefit week to commence for the claimant following the change and in this paragraph “benefit week" shall have the same meaning as in [F4 regulation 2(1) of the Housing Benefit Regulations or, as the case may be, regulation 2(1) of the Housing Benefit (State Pension Credit) Regulations, regulation 2(1) of the Council Tax Benefit Regulations, or regulation 2(1) of the Council Tax Benefit (State Pension Credit) Regulations].

F5 (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F6 (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F1 Words in reg. 17(1) omitted (1.4.2010) by virtue of The Social Security (Loss of Benefit) Amendment Regulations 2010 (S.I. 2010/1160), regs. 1, 2(9)(a)

F2 Words in reg. 17(1) inserted (1.11.2007) by Housing Benefit (Loss of Benefit) (Pilot Scheme) Regulations 2007 (S.I. 2007/2202), regs. 1(1), 7(2)

F3 Words in reg. 17(1) substituted (E.W.S.) (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. 20(3)(a) (with regs. 2, 3, Sch. 3, 4)

F4 Words in reg. 17(3) substituted (E.W.S.) (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. 20(3)(b) (with regs. 2, 3, Sch. 3, 4)

F5 Reg. 17(4) omitted (E.W.S.) (1.4.2010) by virtue of The Social Security (Loss of Benefit) Amendment Regulations 2010 (S.I. 2010/1160), regs. 1, 2(9)(b)

F6 Reg. 17(5) omitted (E.W.S.) (1.4.2010) by virtue of The Social Security (Loss of Benefit) Amendment Regulations 2010 (S.I. 2010/1160), regs. 1, 2(9)(b)

Circumstances where housing benefit and council tax benefit is payable E+W+S

18.  Regulation 17 shall not apply and housing benefit or, as the case may be, council tax benefit shall be payable to an offender or to an offender’s family member—

(a) where the offender is the claimant, he is entitled to either of those benefits during the disqualification period;

(b) where the offender’s family member is the claimant, he is entitled to either of those benefits during the relevant period,

and the claimant is, at the same time, also entitled to income support [F7 , an income-related employment and support allowance, state pension credit,] or to an income-based jobseeker’s allowance.

Textual Amendments

F7 Words in reg. 18 inserted (E.W.S.) (1.4.2010) by The Social Security (Loss of Benefit) Amendment Regulations 2010 (S.I. 2010/1160), regs. 1, 2(10)