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The Social Security (Housing Costs Amendments) Regulations 2004

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Explanatory Note

(This note is not part of the Regulations)

These Regulations amend the provisions of the Income Support (General) Regulations 1987 (S.I. 1987/1967), the Jobseeker’s Allowance Regulations 1996 (S.I. 1996/207) and the State Pension Credit Regulations 2002 (S.I. 2002/1792) allowing a claimant’s housing costs to be met. They also make small consequential amendments to the Social Security (Claims and Payments) Regulations 1987 (S.I. 1987/1968).

Regulation 2(4) substitutes the same new provisions for paragraph 12 of Schedule 3 to the Income Support (General) Regulations 1987, paragraph 11 of Schedule 2 to the Jobseeker’s Allowance Regulations 1996 and paragraph 9 of Schedule II to the State Pension Credit Regulations 2002. These paragraphs set the standard rate which is used to calculate the amount of interest on a loan that will be met under those Regulations. The new sub-paragraphs (2) and (3) set the standard rate by reference to the Bank of England base rate from a date to be determined by the Secretary of State. The new sub-paragraph (4) applies to specified cases and sets the standard rate by reference to the actual rate of interest on a loan. By virtue of the new sub-paragraph (5), these specified cases will move onto the standard rate determined in accordance with the new sub-paragraph (2) during the year after these Regulations come into force. The new sub-paragraph (6) sets the standard rate for a transitional period.

Regulation 2(5) amends Schedule 3 to the Income Support (General) Regulations 1987 and Schedule 2 to the Jobseeker’s Allowance Regulations 1996. It amends the circumstances in which a claimant can remortgage and the standard rate will still be set by reference to the actual rate of interest on their loan.

Regulation 3 makes consequential amendments to the Social Security (Claims and Payments) Regulations 1987. Amendment (a) comes into force a year after the other provisions in these Regulations by which time the wording omitted will be redundant.

A full regulatory impact assessment has not been produced for this instrument as it has no impact on the costs of business.

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