2007 No. 1356
The Housing Benefit (Amendment) Regulations 2007
Made
Laid before Parliament
Coming into force
The Secretary of State for Work and Pensions makes the following Regulations in exercise of the powers conferred by sections 123(1)(d), 130(2) and (4) and 175(2) and (3) of the Social Security Contributions and Benefits Act 19921.
The Social Security Advisory Committee has agreed that the proposals in respect of these Regulations should not be referred to it2.
In respect of these Regulations, the Secretary of State has consulted with organisations which appear to him to be representative of the authorities concerned3.
Citation and commencement1
1
These Regulations may be cited as the Housing Benefit (Amendment) Regulations 2007.
2
These Regulations shall come into force on 1st October 2007.
Amendment of the Housing Benefit Regulations 20062
1
The Housing Benefit Regulations 20064 are amended as follows.
2
In regulation 2(1) (interpretation) in sub-paragraph (a) of the definition of “shared ownership tenancy” for “tenancy” substitute “lease”.
3
In regulation 9 (circumstances in which a person is to be treated as not liable to make payments in respect of a dwelling) after paragraph (1)(h) insert—
ha
he or his partner—
i
was a tenant under a long tenancy in respect of the dwelling; and
ii
less than five years have elapsed since that tenancy ceased,
except where he satisfies the appropriate authority that he or his partner could not have continued to occupy that dwelling without relinquishing the tenancy;
4
In regulation 12(2)(rent)—
a
in sub-paragraph (a) omit “granted by a housing association or a housing authority”;
b
after sub-paragraph (e) insert—
f
payments by a person in respect of a dwelling where his partner is an owner of that dwelling.
5
In regulation 13(15) (maximum rent)—
a
after “claimant” insert “, or the claimant’s partner,”;
b
for “his” substitute “the claimant’s”.
6
In regulation 16(1)(c) (application for redetermination by rent officer) for “6 weeks” substitute “one month”.
7
After Schedule 2, paragraph 11 (excluded tenancies) insert—
11A
This paragraph applies to a shared ownership tenancy.
8
Paragraph (6) shall apply only to decisions notified by the relevant authority to the person affected on or after 1st October 2007.
Amendment of the Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 20063
1
The Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 2006 5 are amended as follows.
2
In regulation 2(1) (interpretation) in sub-paragraph (a) of the definition of “shared ownership tenancy” for “tenancy” substitute “lease”.
3
In regulation 9 (circumstances in which a person is to be treated as not liable to make payments in respect of a dwelling) after paragraph (1)(h) insert—
ha
he or his partner—
i
was a tenant under a long tenancy in respect of the dwelling, and
ii
less than five years have elapsed since that tenancy ceased,
except where he satisfies the appropriate authority that he or his partner could not have continued to occupy that dwelling without relinquishing the tenancy;
4
In regulation 12(2)(rent)—
a
in sub-paragraph (a) omit “granted by a housing association or a housing authority”;
b
after sub-paragraph (e) insert—
f
payments by a person in respect of a dwelling where his partner is an owner of that dwelling.
5
In regulation 13(15) (maximum rent)—
a
after “claimant” insert “, or the claimant’s partner,”;
b
for “his” substitute “the claimant’s”.
6
In regulation 16(1)(c) (application for redetermination by rent officer) for “6 weeks” substitute “one month”.
7
After Schedule 2, paragraph 11 (excluded tenancies) insert—
11A
This paragraph applies to a shared ownership tenancy.
8
Paragraph (6) shall only apply to decisions notified by the relevant authority to the person affected on or after 1st October 2007.
Signed by the authority of the Secretary of State for Work and Pensions.
(This note is not part of the Regulations)