The Housing Benefit and Council Tax Benefit (Abolition of Benefit Periods) Amendment Regulations 2004

PART 3 Transitional and Saving Provisions

Transitional provision

26.—(1) Paragraphs (2) and (3) apply in the case of a claimant whose or whose partner’s benefit period ends before 5th April 2004.

(2) Where paragraph (1) applies, regulation 72(13) and (14) of the Housing Benefit Regulations and regulation 62(14) and (15) of the Council Tax Benefit Regulations shall continue to have effect until 3rd May 2004.

(3) Where paragraph (1) applies and either—

(a) a claimant makes a claim for a further grant of—

(i) housing benefit in accordance with regulation 72(13) of the Housing Benefit Regulations; or

(ii) council tax benefit in accordance with regulation 62(14) of the Council Tax Benefit Regulations,

after 5th April 2004 but no later than 4 weeks after the end of the benefit period; or

(b) a relevant authority invites that claimant to make a claim for a further grant of—

(i) housing benefit in accordance with regulation 72(14) of the Housing Benefit Regulations; or

(ii) council tax benefit in accordance with regulation 62(15) of the Council Tax Benefit Regulations,

and following that invitation, a claim is received from that claimant after 5th April 2004 but no later than 4 weeks after the end of the benefit period,

that claim shall be treated as having been made immediately after the end of the benefit period.

Transitional provision for rent officer referrals

27.—(1) If, on 5th April 2004, more than 52 weeks have elapsed since the relevant authority last made an application in relation to a claimant's, or his partner's, claim for or award of, housing benefit for a determination in accordance with regulation 12A(1) of the Housing Benefit Regulations (requirement to refer to rent officers), the relevant authority shall apply to a rent officer for a determination to be made in pursuance of the Housing Act functions as soon as is practicable after 5th April 2004.

(2) Any application made under paragraph (1) above shall be subject to regulation 12A(1A) and (7A) of the Housing Benefit Regulations.

(3) An appropriate relevant authority may make a decision under paragraph 4 of Schedule 7 to the Act in a case to which paragraph (1) applies.

(4) Where an appropriate relevant authority makes a decision under paragraph (3), which adopts the determination made in consequence of the application made under paragraph (1), the decision shall take effect—

(a) in a case where the amount of the determination has increased or remains unchanged, on 5th April 2004; or

(b) in a case where the amount of the determination has decreased, the first day of the benefit week following the date on which that determination was received by a relevant authority.

Saving provision for extended payments

28.—(1) Paragraph (2) shall apply where a person or his partner is—

(a) treated as having made a claim under regulation 62A of the Housing Benefit Regulations (extended payments) before 5th April 2004; or

(b) in receipt of an extended payment under that regulation on 5th April 2004.

(2) Where paragraph (1) applies—

(a) subject to sub-paragraph (b), regulation 62A and Schedule 5A shall apply to him as in force immediately before 5th April 2004;

(b) sub-paragraphs (a) and (b) of paragraph (5) of regulation 62A shall have effect as if after the word “beneficiary” in each place where it occurs there were inserted the words “or his partner”; and

(c) sub-paragraph (b) of paragraph (5) of regulation 62A shall have effect as if for the words “deemed to be” until the end of that sub-paragraph there were substituted the words “treated as having been made in respect of a period beginning immediately after the end of the benefit period”.

(3) Paragraph (4) shall apply where a person or his partner is—

(a) treated as having made a claim under regulation 53A of the Council Tax Benefit Regulations (extended payments) before 5th April 2004; or

(b) in receipt of an extended payment under that regulation on 5th April 2004.

(4) Where paragraph (3) applies—

(a) subject to sub-paragraph (b), regulation 53A and Schedule 5A shall apply to him as in force immediately before 5th April 2004;

(b) sub-paragraphs (a) and (b) of paragraph (5) of regulation 53A shall have effect as if after the word “beneficiary” in each place where it occurs there were inserted the words “or his partner”; and

(c) sub-paragraph (b) of paragraph (5) of regulation 53A shall have effect as if for the words “deemed to be” until the end of that sub-paragraph there were substituted the words “treated as having been made in respect of a period beginning immediately after the end of the benefit period”.