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Link to original content: http://www.legislation.gov.uk/uksi/2001/487/note/made
This is the original version (as it was originally made).
(This note is not part of the Regulations)
These Regulations amend the Housing Benefit (General) Regulations 1987 (S.I. 1987/1971) in the following respects.
Regulation 2(a) amends regulation 7(1)(h). A person who is liable to make payments in respect of a dwelling shall be treated as not being so liable for housing benefit purposes where the claimant or his partner owned that dwelling before they rented it unless, where the claimant demonstrates that he could not have continued to live there without selling the property, more than five years elapses between the date on which the claimant or his partner relinquished ownership of the property and the date on which housing benefit is claimed.
Regulation 2(b) substitutes regulation 10(3) which specifies how a claimant’s eligible rent is established for housing benefit purposes.
Regulation 2(c) substitutes paragraphs in regulation 11 which specify how a claimant’s maximum rent is established for housing benefit purposes.
Regulation 2(d) substitutes regulation 61(3). A claimant’s maximum housing benefit may be increased if a maximum rent has been determined in respect of him and he, or a member of his family, would suffer exceptional hardship. In determining such an increase an authority is bound by any determination made by a rent officer as to the amount of any service charges which remain, in any event, ineligible.
Regulation 2(e) substitutes paragraph 2(2) of Schedule 1A. An authority must apply for a fresh rent officer determination in respect of a continuous claim which has lasted 52 weeks or more when the previous determination has ceased to be applicable.
Regulation 3 makes transitional provision for those cases in respect of which the revocation of regulation 12 (restriction on rent increases) of the Housing Benefit (General) Regulations 1987 did not have effect.
These Regulations do not impose a charge on business.
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