The Housing Benefit (Loss of Benefit) (Pilot Scheme) Regulations 2007

Reduction of benefit

4.—(1) The housing benefit to which the former occupier would, apart from this regulation, be entitled in respect of any week in the restriction period(1) is to be reduced as set out in this regulation.

(2) In any case where the former occupier’s housing benefit in respect of any week in the restriction period is also subject to a reduction due to the application of section 7 of the Fraud Act(2) (loss of benefit for commission of benefit offences), this regulation shall be applied subject to regulation 6.

(3) The restriction period is to contain three phases—

(a) Phase A is a period of four weeks beginning on the first Monday of the restriction period;

(b) Phase B is a period of four weeks beginning on the Monday following the last day of Phase A; and

(c) Phase C is the remainder of the restriction period and begins on the Monday following the last day of Phase B.

(4) Where the restriction period stops running under section 130B(6) and starts running again under that subsection, for the purposes of identifying the relevant phase, the restriction period is to start to run again from the point when it previously stopped running.

(5) The former occupier’s entitlement to housing benefit in respect of any week in—

(a) Phase A is to be reduced by 10%.

(b) Phase B is to be reduced by 20%.

(c) Phase C is to be reduced by—

(i) 100%; or

(ii) where the former occupier is a person in hardship under regulation 5 (meaning of “person in hardship”), 30%.

(6) A reduction under sub-paragraphs (5)(a), (b) or (c)(ii) shall, if it is not a multiple of 5p, be rounded to the nearest such multiple or, if it is a multiple of 2.5p but not of 5p, to the next lower multiple of 5p.

(1)

See section 130B(5) and (6).

(2)

Section 7 was amended by the State Pension Credit Act 2002 (c 16), Schedule 2, paragraphs 44 and 45 and the Tax Credits Act 2002 (c. 21), Schedule 6.