The Housing Benefit and Council Tax Benefit (Miscellaneous Amendments) (No.3) Regulations 2005

Amendment of the Housing Benefit RegulationsU.K.

2.—[F1(1) The amendment made by paragraph (6) is to the Housing Benefit Regulations as modified in its application to persons to whom regulation 2(1) of the State Pension Credit Regulations applies.

(2) The amendments made by paragraphs (4), (5), (15) and (16) are to the Housing Benefit Regulations 2006.

(2A) The amendments made by paragraphs (3), (7), (9)(b), (11), (14), (17) and (18) are to the Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 2006.

(2B) The amendments made by paragraphs (8), (10)(b) to (g), (12) and (13) are to both the Housing Benefit Regulations 2006 and to the Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 2006.]

(3) In [F2regulation 22 of the Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 2006] (applicable amounts)—

(a)paragraphs (2), (3) and (4) shall be omitted;

(b)for paragraph (5) there shall be substituted—

“(5) In Schedule 2A M1—

“additional spouse” means a spouse of either party to the marriage who is additional to the other party to the marriage;

“patient” means a person (other than a person who is serving a sentence of imprisonment or detention in a youth custody institution) who is regarded as receiving free in-patient treatment within the meaning of the Social Security (Hospital In-Patients) Regulations 1975 M2.”;

(c)paragraphs (6) and (7) shall be omitted.

(4) [F3Regulation 24 of the Housing Benefit Regulations 2006] (patients) shall be omitted.

(5) [F4In regulation 28(11)(e) of the Housing Benefit Regulations 2006 (treatment of child care charges) for the words “within the meaning of regulation 24(2) (patients)”] there shall be substituted “ , which in this regulation shall mean a person (other than a person who is serving a sentence of imprisonment or detention in a youth custody institution) who is regarded as receiving free in-patient treatment within the meaning of the Social Security (Hospital In-Patients) Regulations 1975. ”.

(6) F5. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(7) In [F6regulation 41(9)(a) of the Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 2006] (notional income), after “ [F7regulation 61(2)(b)]” there shall be inserted “ or (c) ”.

(8) [F8In both regulation 74(7)(f) of the Housing Benefit Regulations 2006 and regulation 55(7)(f) of the Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 2006 (non-dependant deductions)] for heads (i) and (ii) there shall be substituted—

“(i)“patient” has the meaning given in [F9paragraph 18 of regulation 7] (circumstances in which a person is or is not to be treated as occupying a dwelling as his home),

(ii)where a person has been a patient for two or more distinct periods separated by one or more intervals each not exceeding 28 days, he shall be treated as having been a patient continuously for a period equal in duration to the total of those distinct periods, and”.

(9) In [F10regulation 57 of the Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 2006] (date on which entitlement is to commence)—

(a)F11. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b)for paragraph ([F12(2)]), there shall be substituted—

[F13“(2)] A claimant shall become entitled to housing benefit from the benefit week in which the first day in respect of which his claim is made falls, where he is otherwise entitled to housing benefit and—

(a)F14. . . he becomes liable in that benefit week, for the first time, to make payments in respect of a dwelling which he occupies as his home; or,

(b)F15. . . he becomes liable in that benefit week to make payments, which fall due on a daily basis, in respect of a hostel which he occupies as his home.”.

(10) In [F16both regulation 79 of the Housing Benefit Regulations 2006 and regulation 59 of the Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 2006] (date on which change of circumstances is to take effect)—

(a)F17. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b)for paragraph (2) M3 there shall be substituted—

“(2) Subject to [F18paragraph (8)], except in a case where regulation 8(3) of the Decisions and Appeals Regulations M4 applies, where the change of circumstances is a change in the amount of rent payable in respect of a dwelling, that change shall take effect from the day on which it actually occurs.”;

(c)after paragraph (2) there shall be inserted—

“(2A) Subject to [F19paragraphs (8) and (9)], except in a case where regulation 8(3) of the Decisions and Appeals Regulations applies, where the change of circumstances is—

(a)that a person moves into a new dwelling occupied as the home, or

(b)any other event which—

(i)entitles a person to be treated as occupying two dwellings as his home under [F20regulation 7(6)], or

(ii)brings to an end a person's right to be treated as occupying two dwellings as his home under that regulation, in a case where he has, immediately prior to the event, been treated as occupying two dwellings as his home,

that change of circumstances shall take effect on the day on which it actually occurs.

(2B) Subject to [F21paragraph (8)], where the change of circumstances is the expiry of a maximum period of time, referred to in [F20regulation 7(6)], for which a person can be treated as occupying two dwellings as his home, that change shall take effect on the day after the last day of that period”.

(d)in paragraph (3) M5—

[F22(i)the words “and (9)” shall be omitted;

(ii)in regulation 79(3)(a)(i) of the Housing Benefit Regulations 2006, after “80(2)(b)” there shall be inserted or (c);

(iii)in regulation 59(3)(a)(i) of the Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 2006, after “61(2)(b)” there shall be inserted or (c);]

(e)for paragraph (4) M6 there shall be substituted—

“(4) Subject to [F23paragraph (8)], if two or more changes of circumstances occurring in the same benefit week would, but for this paragraph, take effect in different benefit weeks in accordance with this regulation, they shall all take effect on the first day of the benefit week in which they occur, unless a change taking effect under paragraphs (2), (2A) or (2B) takes effect in that week, in which case the changes shall all take effect on the day on which that change takes effect.”;

(f)for [F24paragraphs (8) and (9)]M7 there shall be substituted—

“(13) Subject to [F25paragraph (9)], where a change of circumstances occurs which has the effect of bringing entitlement to an end it shall take effect on the first day of the benefit week following the benefit week in which that change actually occurs except in a case where a person is liable to make payments, which fall due on a daily basis, in respect of a hostel in which case that change shall take effect on the day on which it actually occurs.

(14) Where the change of circumstances is that a person moves to a new dwelling and immediately after the move he is treated as occupying his former dwelling as his home in accordance with [F26regulation 7(7) or (10)] then that change of circumstances shall take effect on the day after the last day for which he is treated as liable to make payments in respect of the former dwelling in accordance with whichever of those regulations applies in his case.”.

[F27(11) In regulation 60(9)(a)(i) of the Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 2006 (change of circumstances where state pension credit payable), after “regulation 61(2)(b)”, there shall be inserted or (c).]

(12) In [F28regulation 80][F29regulation 61](calculation of weekly amounts)—

(a)in paragraph (2) [F30of both regulations]—

[F31(i)in sub-paragraph (a) for “paragraph (3)” there shall be substituted “ paragraph (4) ”;]

(ii)for paragraph (b) there shall be substituted—

“(b)subject to [F32paragraph (4)], where the rent is payable at intervals of a calendar month or multiples thereof, the amount determined by dividing the amount payable by the number equal to the number of calendar months in respect of which it is payable, multiplying by 12 and dividing by 52;

(c)subject to [F32paragraph (4)], where the rent is payable at intervals of a day or multiples thereof, the amount determined by dividing the amount payable by the number equal to the number of days in respect of which it is payable and multiplying by 7.”;

[F33(b)paragraph (3) shall be omitted;]

(c)for [F34paragraph (4)] there shall be substituted—

[F35“(4)] In a case—

(a)to which [F36regulation 76(2)][F37regulation 57(2)](date on which entitlement is to commence) applies, his eligible rent for the benefit week in which he becomes liable to make payments in respect of a dwelling which he occupies as his home shall be calculated by multiplying his daily rent by the number equal to the number of days in that benefit week for which he is liable to make such payments;

(b)where a change of circumstances takes effect in a benefit week under [F38regulation 79(2A)][F39regulation 59(2A)], (but is not a change described in sub-paragraph (c)(ii) of this regulation), (2B), [F40(8) or (9)][F41(8) or (9)] other than on the Monday of a benefit week then the claimant's eligible rent for that benefit week shall be calculated by multiplying his daily rent by the appropriate number of days in that benefit week;

(c)where—

(i)the amount of eligible rent which the claimant is liable to pay in respect of a dwelling is altered and that change of circumstances takes effect under [F42regulation 79(2)][F43regulation 59(2)], or

(ii)the claimant—

(aa)moves to a new dwelling occupied as the home,

(bb)he is not entitled to be treated, immediately after that move, as occupying two dwellings as his home or as occupying his former dwelling as his home, and

(cc)that change of circumstances takes effect under [F38regulation 79(2A)][F39regulation 59(2A)],

other than on the Monday of a benefit week, then the claimant's eligible rent for that benefit week shall be calculated by multiplying his old and new daily rent by the number equal to the number of days in that week which relate respectively to the old and new amounts which he is liable to pay.”;

[F44(d)in paragraph (5) of both regulations, for “(5)(a) or (c)”, substitute (4)(a) or (b);]

[F45(e)in paragraph (6) of both regulations, for “(5)(b)”, substitute (4)(c);]

(f)after [F46paragraph (8)][F47paragraph (7)] there shall be inserted—

[F48“(9)] In this regulation “daily rent” shall mean the amount determined by dividing by 7 the amount determined under whichever sub-paragraph of paragraph (2) is appropriate in each case.

[F49(10)] Where a claimant is entitled to benefit in respect of two (but not more than two) dwellings in accordance with [F50regulation 7(6)] his eligible rent shall be calculated in respect of each dwelling in accordance with this regulation.”.

(13) In [F51regulation 81][F52regulation 62](rent-free periods)—

(a)for paragraph (2) there shall be substituted—

“(2) In the case of the beginning or ending of a claimant's rent-free period, his eligible rent for the benefit week in which the rent free period begins and ends shall be calculated on a daily basis as if those benefit weeks were weeks to which [F53regulation 80(4)][F54regulation 61(4)] applies.”;

[F55(b)in paragraph (3)(b), after “regulation 80(2)(b)” there shall be inserted or (c)]

[F56(b)in paragraph (3)(b), after “regulation 61(2)(b)” there shall be inserted or (c)]

(14) In [F57regulation 69(7) of the Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 2006] (duty to notify changes of circumstances) omit sub-paragraph (b) shall be omitted.

(15) In [F58Schedule 3 to the Housing Benefit Regulations 2006] (applicable amounts)—

(a)in [F59paragraph 13](1)(a)(iii)—

(i)the words from “except” to “applies” shall be omitted, and

[F60(ii)for “regulation 24(2) (patients)” there shall be substituted regulation 28(11)(e) (treatment of child care charges)]

[F61(b)in paragraph 15(2)(a)(ii), for “regulation 24(2)”, there shall be substituted regulation 28(11)(e)]

(16) In [F62paragraph 9(1)(e) of Schedule 6 to the Housing Benefit Regulations 2006] (capital to be disregarded), there shall be omitted from “where” to “circumstances”.

(17) In [F63paragraph 21(2) of Schedule 6 to the Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 2006, after sub-paragraph (j)] there shall be inserted—

F64“[(k)]any discretionary housing payment paid pursuant to regulation 2(1) of the Discretionary Financial Assistance Regulations 2001 M8; or

F65[(l)]working tax credit.”.

(18) In [F66paragraph 9(2)(b) of Schedule 8 to the Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 2006] (matters to be included in the decision notice) omit from “and” to “benefit” shall be omitted.