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 20069 shall be amended as follows.

2

In regulation 57 (date on which entitlement is to commence)

a

for paragraph (2)(b)10 substitute—

b

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.

b

after regulation 57(2) insert—

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—

    1. 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

    2. 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.

3

In regulation 59(8)11 (date on which change of circumstances is to take effect) omit the words “in respect of a hostel”.