The Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 2006

Date on which entitlement is to commence

57.—(1) Subject to paragraph (2), a person who makes a claim for, and is otherwise entitled to, housing benefit shall be entitled to that benefit from the benefit week following the first day in respect of which that claim is made.

[F1 (2) A claimant shall become entitled to housing benefit from the benefit week in which the first day in respect of which his claim is made falls, where he is otherwise entitled to housing benefit and—

(a) regulation 72BA applies to him and he becomes liable in that benefit week, for the first time, to make payments in respect of a dwelling which he occupies as his home; or,

(b) [F2 he becomes liable in that benefit week to make payments, which fall due on a daily basis, in respect of the accommodation listed in paragraph (3) which he occupies as his home.]]

[F3 (3) The accommodation referred to in paragraph (2)(b) is—

(a) a hostel;

(b) board and lodging accommodation where the payments are to an authority under section 206(2) of the Housing Act 1996 or section 35(2)(b) of the Housing (Scotland) Act 1987;

(c) accommodation which the authority holds on a licence agreement where the payments are to an authority under section 206(2) of the Housing Act 1996 or section 35(2)(b) of the Housing (Scotland) Act 1987; or

(d) accommodation outside that authority’s Housing Revenue Account which the authority holds on a lease granted for a term not exceeding 10 years.

(4) In this regulation—

“board and lodging accommodation” means—

(a)

accommodation provided to a person or, if he is a member of a family, to him or any other member of his family, for a charge which is inclusive of the provision of that accommodation and at least some cooked or prepared meals which both are cooked or prepared (by a person other than a person to whom the accommodation is provided or by a member of his family) and are consumed in that accommodation or associated premises; or

(b)

accommodation provided to a person in a hotel, guest house, lodging house or some similar establishment,

but it does not include accommodation in a care home, an Abbeyfield Home, an independent hospital or a hostel; and

“Housing Revenue Account” has the same meaning as for the purposes of Part VIII of the Social Security Administration Act 1992.]

Textual Amendments

F1 Reg. 57(2) substituted by SI 2005/2502 reg. 2(9)(b) (as amended) (3.4.2006) by The Housing Benefit and Council Tax Benefit (Consequential Provisions) Regulations 2006 (S.I. 2006/217), reg. 1(1), Sch. 2 para. 27(9)(c) (with regs. 2, 3, Sch. 3, Sch. 4)

F2 Reg. 57(2)(b) substituted (1.4.2007) by Housing Benefit (Daily Liability Entitlement) Amendment Regulations 2007 (S.I. 2007/294), regs. 1, 3(2)(a)

F3 Reg. 57(3)(4) inserted (1.4.2007) by Housing Benefit (Daily Liability Entitlement) Amendment Regulations 2007 (S.I. 2007/294), regs. 1, 3(2)(b)