The Housing Benefit and Council Tax Benefit (Consequential Provisions) Regulations 2006

[F1 Local reference rent taper

8.— (1) Regulation 13 of both the Housing Benefit Regulations and the Housing Benefit (State Pension Credit) Regulations (maximum rent) shall have effect in the case of a claimant to whom any of sub-paragraphs (3) to (6) applies subject to the amendment specified in sub-paragraph (2).

(2) In paragraph (3) of regulation 13 at the end, add “plus 50 per cent. of the amount by which the claim related rent exceeds the local reference rent.”

(3) This sub-paragraph applies to a claimant who has been continuously entitled to and in receipt of housing benefit—

(a) in respect of the same dwelling for a period which includes 5th October 1997; and

(b) which included an addition by virtue of paragraph (3) or (4) of regulation 11 of the 1987 Regulations as they had effect on 5th October 1997.

(4) Sub-paragraph (3) above shall continue to have effect in the case of a person who has ceased to be a welfare to work beneficiary or whose partner has ceased to be such a beneficiary where the person is entitled to housing benefit at the end of the 52 week period to which sub-paragraph (5) refers.

(5) This sub-paragraph applies in the case of a person—

(a) who was entitled to housing benefit in respect of the dwelling he occupied as his home on or before 5th October 1997;

(b) whose entitlement to housing benefit in respect of that dwelling was continuous from that date until it ceased because either the person or his partner became a welfare to work beneficiary;

(c) who on the day before entitlement to housing benefit ceased, was in receipt of an addition to benefit by virtue of paragraph (4) or (5) of regulation 11 of the 1987 Regulations as they had effect on 5th October 1997; and

(d) who subsequently becomes re-entitled to housing benefit in respect of that dwelling within 52 weeks of him or his partner becoming a welfare to work beneficiary.

(6) In this paragraph, “welfare to work beneficiary” means a person to whom regulation 13A(1) of the Social Security (Incapacity for Work) (General) Regulations 1995 applies.]

Textual Amendments

F1 Sch. 3 para. 8 substituted (7.4.2008 with application in accordance with reg. 1(3)-(5)) by The Housing Benefit (Local Housing Allowance, Miscellaneous and Consequential) Amendment Regulations 2007 (S.I. 2007/2870), regs. 1(2), 6(3)