The Housing Benefit (State Pension Credit) (Local Housing Allowance and Information Sharing) Amendment Regulations 2007

Explanatory Note

(This note is not part of the Regulations)

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

These Regulations, together with the Housing Benefit (Local Housing Allowance and Information Sharing) Amendment Regulations 2007 (S.I. 2007/2868), the Housing Benefit (Local Housing Allowance, Miscellaneous and Consequential) Amendments Regulations 2007 and the Rent Officers (Housing Benefit Functions) Amendment Order 2007, provide for the national rollout of a modified version of the local housing allowance arrangements using new powers in the Social Security Contributions and Benefits Act 1992 following commencement of section 30 of the Welfare Reform Act 2007. These powers are also used to remake some regulations (with amendments in some cases) as the existing regulations will cease to have effect (subject to savings) when the current powers are repealed. These Regulations also make provision in relation to the provision of information to rent officers.

The local housing allowance arrangements are a way of determining housing costs eligible to be met by housing benefit for certain cases (“local housing allowance cases”) using local housing allowances determined by rent officers. The local housing allowance arrangements have applied to the areas of 18 local authorities (“former pathfinder authorities”).

Regulation 3 omits paragraphs (2), (3) and (9) of regulation 14, and regulation 95 which relates to the provision of information to rent officers. It inserts a new regulation 95A which requires local authorities to provide information to rent officers to enable them to carry out their functions in relation to housing benefit. This includes the provisions formerly contained in regulation 14(2), (3) and (9). It also inserts a new paragraph (4A) in regulation 14 which provides that the provision of certain information to the rent officers under regulation 95A shall be treated as an application to a rent officer under regulation 14(1). These amendments come into force on 7th April 2008.

Regulations 4 to 19 make amendments which will come into force on 7th April 2008 immediately following the information sharing amendments in regulation 3, except for those cases to which regulation 1(5) applies. These cases are non-local housing allowance cases and will continue to be dealt with under the regulations as in force immediately before 7th April 2008, subject to the information sharing amendments in regulation 3, until one of the triggers for determining the amount of rent eligible to be met by housing benefit referred to in regulation 1(6) applies, or it is 6th April 2009.

Regulation 4 makes minor and consequential amendments to regulations 2 and 3. It also remakes regulation 11(1) with minor and consequential amendments. It omits paragraphs (3) to (7) of regulation 12 and makes a minor consequential amendment to paragraph (8).

Regulation 5 remakes paragraphs (3) to (7) of regulation 12 with minor and consequential amendments as regulations 12B and 12C. It inserts regulation 12B which makes provision for eligible rent for cases where it is based on the claimant's actual rent and regulation 12C which makes provision for eligible rent where a maximum rent is calculated in accordance with regulation 13. Regulation 4 also inserts regulation 12D which makes provision for eligible rent where a maximum rent (LHA) is calculated in accordance with regulation 13D.

Regulation 6 remakes regulation 13, with minor amendments, as substituted regulations 13, 13ZA and 13ZB.

Regulation 7 inserts regulation 13C, which provides when a maximum rent (LHA) is to be determined and regulation 13D, which makes provision about the way in which a maximum rent (LHA) is to be determined. It also remakes regulation 13B, which applied to former pathfinder authorities and provided for the publication of local housing allowances, as inserted regulation 13E, which applies to all local authorities.

Regulation 8 remakes regulation 14, as amended by regulation 2, as substituted regulation 14.

Regulation 9 substitutes regulations 15 to 18, with minor and consequential amendments and ensures that the provisions which applied to former pathfinder authorities will now apply to all local authorities.

Regulation 10 inserts regulation 18A which applied to former pathfinder authorities and which will now apply to all local authorities.

Regulations 11 to 16 remake regulations 50, 55, 61 and 62 and make minor and consequential amendments to those regulations and regulations 48, 53, 59 and 79.

Regulation 17 amends regulations 76 and 77 to apply the direct payment to landlord provisions for local housing allowance cases, which applied to former pathfinder authorities, to all local authorities, with minor amendments. Regulation 77 also includes a new provision allowing local authorities to make direct payments to landlords for up to 8 weeks while determining whether the claimant falls within one of the categories that allows direct payment.

Regulation 18 remakes Schedule 2 using the new powers with minor and consequential amendments.

Regulation 19 makes minor consequential amendments to Schedule 7.

Regulation 20 substitutes a new Part 14 and a new Schedule 9. This regulation comes into force on 7th April 2008 immediately following the coming into force of regulations 4 to 19. Schedule 9 applies to former pathfinder authorities. It makes amendments to regulations 2, 11, 12B, 12D and 13C. It inserts regulations 12E to 12K, which provide transitional protection for local housing allowance cases in former pathfinder authorities.

A full regulatory impact assessment has not been published for this instrument as it has no direct impact on the costs of businesses, charities and the voluntary sector.