The Housing Benefit (General) Amendment Regulations 2003

Amendment of Schedule 1 to the Housing Benefit Regulations

3.—(1) Schedule 1 to the Housing Benefit Regulations (ineligible service charges) shall be amended in accordance with the following provisions of this regulation.

(2) In paragraph 1—

(a) in sub-paragraph (a)(iv), for the words from “(other than” to “them himself;”(1) there shall be substituted

“except cleaning of—

(aa) communal areas; or

(bb) the exterior of any windows where neither the claimant nor any member of his household is able to clean them himself,

where a qualifying payment is not made in respect of such cleaning;”;

(b) in sub-paragraph (c), the words from “, except where such a system”(2) to the end of the sub-paragraph shall be omitted; and

(c) in sub-paragraph (f)(3), the words from “, except where those services” to the end of the sub-paragraph shall be omitted.

(3) In paragraph 7—

(a) after the definition of “fuel” there shall be inserted—

““qualifying payment” means any payment made by a local authority to the claimant or his partner, or to another person on their behalf, relating to—

(a)

welfare services in respect of which the Secretary of State has paid a grant to the local authority under section 93(1) of the Local Government Act 2000(4) (grants for welfare services);

(b)

welfare services in respect of which the National Assembly for Wales has paid a grant to the local authority under section 93(2) of the Local Government Act 2000; or

(c)

housing support services in respect of which Scottish Ministers have paid a grant to the local authority under section 91(1) of the Housing (Scotland) Act 2001(5) (grants for housing support services);

and for these purposes, “local authority” shall include, in relation to England, a county council.”; and

(b) the definition of “supported accommodation”(6) is omitted.

(1)

These words were substituted by S.I. 1999/2734 and will revive on 1st or 7th April 2003 by virtue of regulation 13 of that S.I. Back [1]

(2)

These words were substituted by S.I. 1999/2734 and will revive on 1st or 7th April 2003 by virtue of regulation 13 of that S.I.

(3)

Paragraph 1(f) was amended by S.I. 1994/1003.

(4)

2000 c. 22.

(5)

2001 asp 10.

(6)

The definition of “supported accommodation” was inserted by S.I. 1997/1974 and was amended by S.I. 1999/2734 and 2000/681.