- Latest available (Revised)
- Original (As made)
This is the original version (as it was originally made). This item of legislation is currently only available in its original format.
26. For regulation 3 (amendment of the Housing Benefit and Council Tax Benefit (Decisions and Appeals) Regulations 2001) substitute—
3.—(1) The Housing Benefit and Council Tax Benefit (Decisions and Appeals) Regulations 2001(1) are amended as follows.
(2) In regulation 1(2) (citation, commencement and interpretation) after the definition of “relevant decision” add—
““the Welfare Reform Act” means the Welfare Reform Act 2007.”.
(3) In regulation 7(2) (decisions superseding earlier decisions)—
(a)in sub-paragraph (i) at the beginning insert “except where sub-paragraph (o) applies,”; and
(b)after sub-paragraph (n) add—
“(o)where—
(i)the claimant has been awarded entitlement to housing benefit or council tax benefit;
(ii)the claimant or the claimant’s partner has made a claim for employment and support allowance;
(iii)subsequent to the first day of the period to which entitlement to housing benefit or council tax benefit relates, the Secretary of State has decided that the claimant or the claimant’s partner has, or is to be treated as having, limited capability for work within the meaning of section 1(4) of the Welfare Reform Act or limited capability for work-related activity within the meaning of section 2(5) of that Act; and
(iv)either—
(aa)the assessment phase as defined in section 24(2) of the Welfare Reform Act has ended; or
(bb)regulation 7 of the Employment and Support Allowance Regulations 2008(2) (circumstances where the condition that the assessment phase has ended before entitlement to the support component or the work related activity component arises does not apply) applies.”.
(4) In regulation 8 (date from which a decision superseding an earlier decision takes effect) after paragraph (14C)(3) insert—
“(14D) Where the decision is superseded in accordance with regulation 7(2)(o), the decision shall take effect from—
(a)the first day of entitlement to an amount in consequence of the decision of the Secretary of State referred to in regulation 7(2)(o)(iii); or
(b)the first day that there would have been such entitlement had the claimant or the claimant’s partner been entitled to an employment and support allowance by virtue of section 1 of the Welfare Reform Act,
if that day is the first day of the benefit week but, if it is not, from the next following such day.”.”.
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Explanatory Memorandum sets out a brief statement of the purpose of a Statutory Instrument and provides information about its policy objective and policy implications. They aim to make the Statutory Instrument accessible to readers who are not legally qualified and accompany any Statutory Instrument or Draft Statutory Instrument laid before Parliament from June 2004 onwards.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: