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http://www.legislation.gov.uk/uksi/1992/432/regulation/7/made

The Housing Benefit and Community Charge Benefits (Miscellaneous Amendments) Regulations 1992

Benefits

Housing benefit

King's Printer of Acts of Parliament

2015-05-13

HOUSING, ENGLAND AND WALES

HOUSING, SCOTLAND

SOCIAL SECURITY

These Regulations amend the Housing Benefit (General) Regulations 1987, the Housing Benefit (Supply of Information) Regulations 1988 and the Community Charge Benefits (General) Regulations 1989 so that with respect to housing benefit and community charge benefits—they define supplementary benefit and amend the definition of “training allowance”(regulations 2 and 19);they amend the definition of “student” to exclude a person in receipt of a training allowance (regulations 3 and 20);they further define the amount in respect of travel costs which is to be excluded from a student’s income (regulations 4 to 6 and 21 to 23);they further define the evidence and information which may be required in respect of a claim (regulations 8 and 25);they transfer to a different regulation the rule relating to the provision of a written statement of the reasons for a determination, and make consequential amendments of a drafting nature (regulations 9, 16, 26, 33 and 35);they make amendments of a drafting nature to the power to extend the time for making representations against a determination, or requesting a statement of reasons or a further review (regulations 10 and 27);they specify the period within which a review of a determination should be conducted, and make amendments of a drafting nature to the rules relating to reviews of determinations (regulations 11 and 28);they further define the amount which may be offset against arrears of entitlement to benefit following a review of a determination (regulations 12 and 29);they specify further amounts which may be disregarded in calculating income other than earnings or capital (regulations 14, 15, 31 and 32);they make changes consequential upon the Children Act 1989 (regulations 17 and 34); andthey specify further categories of information which may be supplied by the Secretary of State to a local authority (regulations 18 and 30).

The Housing Benefit and Community Charge Benefits (Miscellaneous Amendments) Regulations 1992

Regulations

The Housing Benefit and Council Tax Benefit (Consequential Provisions) Regulations 2006

Sch. 1

reg. 2

Sch. 3

reg. 1(1)

Amendment of regulation 68 of the 1987 Regulations7

1

Regulation 68 of the 1987 Regulations (date on which change of circumstances is to take effect) shall be amended in accordance with the following provisions of this regulation.

2

In paragraph (1) for the words “paragraphs (2) to (4)” there shall be substituted the words “paragraphs (2) to (5)”.

3

For paragraph (3) there shall be substituted the following paragraph—

3
Where the change of circumstances is an amendment of these Regulations that change, subject to regulation 69(7), shall take effect as follows—
a
where the amendment is made by an order under section 63 of the Act (annual up-rating of benefits)—
i
in a case in which the claimant’s weekly amount of eligible rent falls to be calculated in accordance with regulation 69(2)(b) (calculation of weekly amounts), from 1st April;
ii
in any other case, from the first Monday in April, in the year in which that order comes into force;
b
in respect of any other amendment, from the date on which the amendment of these Regulations comes into force in the particular case.

4

In paragraph (4) for the words “paragraphs (1) to (3)” there shall be substituted the words “paragraphs (1), (2) or (3)(a)(i) or (b)”.

5

After paragraph (4) there shall be added the following paragraph—

5
Where, during a benefit week commencing on the first Monday in April—
a
a change of circumstances takes effect in accordance with paragraph (3)(a)(ii),
b
one or more changes of circumstances occur to which paragraph (1) applies, and
c
no other change of circumstances occurs to which this regulation applies, any change of circumstances to which paragraph (1) applies and which occurs in that benefit week shall take effect from the first day of that benefit week.