Extended payments – consequential amendments to the Housing Benefit Regulations4

1

The Housing Benefit Regulations shall be amended as follows.

2

In regulation 2(1)17 (interpretation)—

a

for the definition of “extended payment” substitute—

  • “extended payment” means a payment of housing benefit payable pursuant to regulation 72;

  • “extended payment period” means the period for which an extended payment is payable in accordance with regulation 72A or 73A;

b

for the definition of “extended payment (severe disablement allowance and incapacity benefit)” substitute—

  • “extended payment (qualifying contributory benefits)” means a payment of housing benefit payable pursuant to regulation 73;

c

for the definition of “mover” substitute—

  • “mover” means a claimant who changes the dwelling occupied as the claimant’s home from a dwelling in the area of the appropriate authority to a dwelling in the area of a second authority;

d

after the definition of “the New Deal options” insert—

  • “new dwelling” means, for the purposes of the definition of “second authority” and regulations 72C, 73C, 115 and 116, the dwelling to which a claimant has moved, or is about to move, which is or will be occupied as the claimant’s new home;

e

after the definition of “the qualifying age for state pension credit” insert—

  • “qualifying contributory benefit” means—

    1. a

      severe disablement allowance;

    2. b

      incapacity benefit;

  • “qualifying income-related benefit” means—

    1. a

      income support;

    2. b

      income-based jobseeker’s allowance;

f

after the definition of “Rent Officers Order” insert—

  • “second authority” means the authority to which a mover is liable to make payments for the new dwelling;

g

omit the definition of “second dwelling”.

3

In regulation 5 (persons who have attained the qualifying age for state pension credit)—

a

omit paragraph (2); and

b

in paragraph (3) for “paragraphs (1) and (2)” substitute “paragraph (1)”.

4

Omit—

a

regulation 77 (date on which housing benefit is to end);

b

regulation 78 (date on which housing benefit is to end where entitlement to severe disablement allowance or incapacity benefit ceases);

c

regulation 80(6)18 (adjustment where in receipt of an extended payment);

d

regulation 89(3) (priority to extended payment claims);

e

Schedule 719 (extended payments of housing benefit); and

f

Schedule 820 (extended payments (severe disablement allowance and incapacity benefit) of housing benefit).

5

In Part 2 of Schedule 9 (awards where income support or an income-based jobseeker’s allowance is payable)—

a

in the heading to paragraph 9 after “jobseeker’s allowance”, insert “, an extended payment or an extended payment (qualifying contributory benefits)”; and

b

in paragraph 9 after the words “is awarded housing benefit”, insert “or a claimant is entitled to an extended payment in accordance with regulation 72 or an extended payment (qualifying contributory benefits) in accordance with regulation 73”.