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STATUTORY INSTRUMENTS

2001 No. 537
SOCIAL SECURITY
The Housing Benefit and Council Tax Benefit (Extended Payments) Regulations 2001

	Made	22nd February 2001
	Laid before Parliament	2nd March 2001
	Coming into force	9th April 2001

The Secretary of State for Social Security, in exercise of the powers conferred upon him by sections 5(1)(a), 6(1)(a), 128A(1), 189(4) and (5) and 191 of the Social Security Administration Act 1992[1], sections 123(1)(d) and (e), 130(4), 131(10), 137(1) and 175(1) and (3) to (5) of the Social Security Contributions and Benefits Act 1992[2] and sections 34(3), 39(2) and 79(1) and (4) of the Social Security Act 1998[3] and of all other powers enabling him in that behalf, after consultation with organisations appearing to him to be representative of the authorities concerned[4] and after agreement by the Social Security Advisory Committee that proposals in respect of these Regulations need not be referred to it[5], hereby makes the following Regulations:

Citation, commencement and interpretation
1. - (1) These Regulations may be cited as the Housing Benefit and Council Tax Benefit (Extended Payments) Regulations 2001 and shall come into force on 9th April 2001.

(2) In these Regulations -

"the Council Tax Benefit Regulations" means the Council Tax Benefit (General) Regulations 1992[

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Common amendments
     2. In the definition of "an income-based jobseeker's allowance" in regulation 2(1) of both the Council Tax Benefit Regulations and the Housing Benefit Regulations[8] (interpretation), for the words "has the same meaning in these Regulations as it has" there shall be substituted the words "and "a joint-claim jobseeker's allowance" have the same meaning as they have".

Amendment of regulation 62A of the Housing Benefit Regulations
     3. - (1) Regulation 62A of the Housing Benefit Regulations[9] (extended payments) shall be amended in accordance with the following provisions of this regulation.

    (2) In paragraph (1) -

(3) In paragraph (1A) -

(4) For paragraph (1B) there shall be substituted the following paragraph -

(5) After paragraph (2) there shall be inserted the following paragraph -

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(6) In sub-paragraph (a)(ii) of paragraph (5), for the words after "other case" to the end of that head there shall be substituted the words -

whichever occurs first; and".

(7) After paragraph (5) there shall be added the following paragraph -

Amendment of regulation 72 of the Housing Benefit Regulations
4. At the end of regulation 72(14)(c) of the Housing Benefit Regulations[11] (time and manner in which claims are to be made), there shall be added the words "or has notified the appropriate authority that regulation 6(5) of the Income Support (General) Regulations 1987 (persons not treated as engaged in remunerative work) applies to that person".

Amendment of regulation 76 of the Housing Benefit Regulations
5. In regulation 76 of the Housing Benefit Regulations[12] (who is to make a determination) -

(b) in paragraph (5) for the words "claimed an extended payment" there shall be substituted the words "met the conditions specified in sub-paragraph (a) of paragraph (4)".

Amendment of Schedule 5A to the Housing Benefit Regulations
6. - (1) Schedule 5A to the Housing Benefit Regulations[13] (extended payments of housing benefit) shall be amended in accordance with the following provisions of this regulation.

(2) In paragraph 2 -

(b) sub-paragraph (c) shall be omitted;

(c) in sub-paragraph (e) -

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

3.

so that entitlement to income support or to an income-based jobseeker's allowance ceases and that work, or as the case may be, remuneration, is expected to last 5 weeks or more; and

(b) makes that notification no later than 4 weeks after the day on which the claimant or his partner first undertakes the remunerative work referred to in sub-paragraph (a)(i) or first receives remuneration for the work or an increased amount of remuneration for the work referred to in sub-paragraph (a)(ii).".

(4) In paragraph 4 -

(5) In paragraph 12(1), the definition of "relevant trainee" shall be omitted.

Amendment of the Housing Benefit (Supply of Information) Regulations 1988
7. In regulation 5 of the Housing Benefit (Supply of Information) Regulations 1988[14] (information to be supplied by an authority to another authority) -

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(i) the date on which he was first engaged in the work referred to in sub-paragraph (a) of regulation 6(5) of those Regulations; and

(ii) the date on which his entitlement to income support ceased or was expected to cease; and";

(b) paragraph (5) shall be omitted.

Amendment of regulation 53A of the Council Tax Benefit Regulations
8. - (1) Regulation 53A of the Council Tax Benefit Regulations[16] (extended payments) shall be amended in accordance with the following provisions of this regulation.

(2) In paragraph (1) -

(3) In paragraph (1A) -

(4) For paragraph (1B) there shall be substituted the following paragraph -

(5) After paragraph (2) there shall be inserted the following paragraph -

(6) In sub-paragraph (a)(ii) of paragraph (5), for the words after "other case" to the end of that head there shall be substituted the words -

whichever occurs first; and".

(7) After paragraph (5) there shall be added the following paagraph -

Amendment of regulation 62 of the Council Tax Benefit Regulations
9. At the end of regulation 62(15)(c) of the Council Tax Benefit Regulations[17] (time and manner in which claims are to be made), there shall be added the words "or has notified the appropriate authority that regulation 6(5) of Income Support (General) Regulations 1987 (persons not treated as engaged in remunerative work) applies to that person".

Amendment of regulation 66 of the Council Tax Benefit Regulations
10. In regulation 66 of the Council Tax Benefit Regulations[18] (who is to make a determination) -

(b) in paragraph (5), for the words "claimed an extended payment" there shall be substituted the words "meeting the conditions specified in sub-paragraph (a) of paragraph (4)".

Amendment of regulation 95 of the Council Tax Benefit Regulations
11. In regulation 95 of the Council Tax Benefit Regulations[19] (information to be supplied by an authority to another authority) -

(i) the date on which he was first engaged in the work referred to in sub-paragraph (a) of regulation 6(5) of those Regulations; and

(ii) the date on which his entitlement to income support ceased or was expected to cease; and";

(b) paragraph (5) shall be omitted.

Amendment of Schedule 5A to the Council Tax Benefit Regulations
12. - (1) Schedule 5A to the Council Tax Benefit Regulations[20] (extended payments of council tax benefit) shall be amended in accordance with the following provisions of this regulation.

(2) In paragraph 2 -

(b) sub-paragraph (c) shall be omitted; and

(c) in sub-paragraph (e) -

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

3.

so that entitlement to income support or to an income-based jobseeker's allowance ceases and that work, or as the case may be, remuneration, is expected to last 5 weeks or more; and

(b) makes that notification no later than 4 weeks after the day on which the claimant or his partner first undertakes the remunerative work referred to in sub-paragraph (a)(i) or first receives remuneration for the work or an increased amount of remuneration for the work referred to in sub-paragraph (a)(ii).".

(4) In paragraph 8(1), the definition of "relevant trainee" shall be omitted.

Signed by authority of the Secretary of State for Social Security.

P. Hollis
Parliamentary Under-Secretary of State, Department of Social Security

22nd February 2001