The Housing Benefit (General) (Local Housing Allowance) Amendment Regulations 2003

Explanatory Note

(This note is not part of the Regulations)

These Regulations amend the Housing Benefit (General) Regulations 1987 (“the Regulations”), the Housing Benefit (General) Amendment Regulations 1995 and the Housing Benefit (Decisions and Appeals) Regulations 2001 and provide for new arrangements for determining eligible housing costs for the purposes of claims for housing benefit made by persons living in the areas of certain local authorities (“pathfinder authorities”).

Regulation 2 inserts new definitions in regulation 2 of the Regulations.

Regulation 3 amends regulation 8 of the Regulations to provide for the calculation of maximum housing benefit in cases where the eligible rent has been determined in accordance with regulations 10 and 11A.

Regulation 4 inserts regulation 8A which provides for the maximum housing benefit to expire where it has not been updated.

Regulation 5 amends regulation 10 of the Regulations to provide for the determination and application of an eligible rent where a pathfinder authority has been required to determine a maximum rent (standard local rate) by virtue of regulation 11A.

Regulation 6 inserts regulations 11A and 11B. Regulation 11A provides for the circumstances in which a pathfinder authority must determine a maximum rent (standard local rate), the way it is to be determined, and for the treatment of any amount by which the maximum rent (standard local rate) exceeds the rent which the claimant is liable to pay. Regulation 11B makes provision for pathfinder authorities to publicise the new arrangements.

Regulation 7 inserts paragraph (2B) in regulation 12A of the Regulations which provides that cases to which the new arrangements apply do not need to be referred to the rent officer. The same applies to requests for pre-tenancy determinations where the case would be subject to the new arrangements were a claim to be made. Where rent under the tenancy is attributable to board and attendance, there is no provision for a pre-tenancy determination to be made.

Regulation 8 amends regulation 12B of the Regulations to provide for pathfinder authorities to apply to the rent officer for board and attendance redeterminations where part of the rent is attributable to board and attendance.

Regulation 9 amends regulation 12C of the Regulations to provide for pathfinder authorities to apply for substitute board and attendance determinations or redeterminations where the rent officer has notified them that he has made an error, and regulation 10 amends regulation 12CA of the Regulations to exclude broad market rental area and local housing allowance determinations from the provisions of regulation 12C of the Regulations.

Regulation 11 inserts regulation 12E which makes provision for cases where decisions are revised as a result of amended broad market rental area or local housing allowance determinations being made by the rent officer.

Regulation 12 amends regulations 93 and 94 of the Regulations to make provision for the circumstances in which local authorities may pay a person’s housing benefit direct to his landlord in cases to which the new arrangements apply.

Regulation 13 inserts Schedule 8 which specifies the local authorities which are pathfinder authorities.

Regulation 14 makes modifications and amendments to the Regulations in the case of persons who have reached the qualifying age for state pension credit.

Regulation 15 amends the Housing Benefit (General) Amendment Regulations 1995 to provide for the circumstances in which transitional provision under those Regulations will cease to have effect in cases to which the new arrangements for determining eligible rent apply.

Regulation 16 makes consequential amendments to the Housing Benefit and Council Tax Benefit (Decisions and Appeals) Regulations 2001.

The Report of the Social Security Advisory Committee dated 8th July 2003 on the proposals referred to them in these Regulations, together with a statement showing the extent to which these Regulations give effect to the Recommendations of the Committee, and in so far as they do not give effect to them, the reasons why not, are contained in the Command paper Cm. 5955, published by the Stationery Office Limited.