2 Amendments to the Housing Benefit Regulations 2006
1 The Housing Benefit Regulations 2006 are amended as follows.
S.I. 2006/213. Regulations 75B, 75F and 75G were inserted by S.I. 2012/2994. Regulation 75F was amended by S.I. 2013/388, S.I. 2013/546 and S.I. 2013/591.
2 For regulation 75B (determination of whether a benefit cap applies) substitute—

“75B Determinations
1 A relevant authority may make a determination as to whether the benefit cap applies or whether to change the amount of any reduction made in accordance with regulation 75D (reduction of housing benefit) but a relevant authority is not required to do so unless paragraph (2) applies.
2 This paragraph applies where a relevant authority receives notification from the Secretary of State that—
(a) the benefit cap may apply;
(b) there has been a change in the amount of a welfare benefit to which a claimant is entitled; or
(c) there has been a change to the relevant amount which may affect the amount of housing benefit to which a claimant is entitled.”

.
3 After regulation 75C (manner of calculating the amount of welfare benefits) insert—

“75CA Determination of the relevant amount
1 The relevant amount is determined by dividing the applicable annual limit by 52 and rounding that amount by disregarding any amount of less than half a penny and treating any amount of half a penny or more as a whole penny.
2 The applicable annual limit is—
(a) £15,410 in the case of single claimants resident in Greater London;
(b) £23,000 in the case of all other claimants resident in Greater London;
(c) £13,400 in the case of single claimants not resident in Greater London;
(d) £20,000 in the case of all other claimants not resident in Greater London.
3 For the purposes of section 96 of the 2012 Act (benefit cap) and this regulation a claimant is resident in Greater London if—
(a) the dwelling that the claimant normally occupies as the claimant’s home is in Greater London; or
(b) where the claimant is treated as occupying more than one dwelling as the claimant’s home pursuant to regulation 7(6) (circumstances in which a person is or is not to be treated as occupying a dwelling as his home), one of those dwellings is in Greater London.”

.
4 In regulation 75F (exception to the benefit cap: receipt of specified benefit), after paragraph (1)(g) insert—

“(h) the claimant, the claimant’s partner, or a young person for whom the claimant or the claimant’s partner is responsible, is entitled to a carer’s allowance under section 70 of the Act;
(i) the claimant, the claimant’s partner or a young person for whom the claimant or the claimant’s partner is responsible, is entitled to a guardian’s allowance under section 77 of the Act.”

.
5 In regulation 75G (interpretation)—
(a) in the definition of “relevant amount”, for the words from “is” to the end substitute “means the amount determined in accordance with regulation 75CA”; and
(b) omit the definition of “welfare benefit”.