Made | 2nd February 2006 | ||
Laid before Parliament | 10th February 2006 | ||
Coming into force | 6th March 2006 |
Continuity of the law
2.
—(1) The coming into force of the consolidating Regulations does not affect the continuity of the law.
(2) Anything done or having effect as if done under or for the purposes of a provision revoked by these Regulations has effect, if it could have been done under or for the purposes of the corresponding provision of the consolidating Regulations, as if done under or for the purposes of that provision.
(3) Any reference, whether express or implied, in the consolidating Regulations or any other instrument or document to a provision of the consolidating Regulations shall, in so far as the context permits, be construed as including, in relation to the times, circumstances and purposes in relation to which the corresponding provision of any regulation revoked by these Regulations has effect, a reference to that corresponding provision.
(4) Any reference, whether express or implied, in any instrument or document to a provision of a regulation revoked by these Regulations shall be construed, so far as is required for continuing effect, as including a reference to the corresponding provision of the consolidating Regulations.
Revocations
3.
—(1) The provisions specified in column 1 of Schedule 1 to these Regulations are revoked to the extent specified in column 3 of that Schedule.
(2) The revocations have effect subject to any relevant savings in Schedule 3.
Documents referring to revoked provisions
4.
Any document made, served or issued after the consolidating Regulations comes into force which contains a reference to any of the regulations revoked by these Regulations shall be construed, except so far as a contrary intention appears, as referring or, as the context may require, including a reference to the corresponding provision of the consolidating Regulations.
Consequential amendments
5.
The amendments specified in Schedule 2 to these Regulations, which are consequential upon the consolidating Regulations, shall have effect.
Transitional provisions and savings
6.
—(1) The provisions of Schedule 3 to these Regulations (which contains transitional provisions and savings) shall have effect.
(2) The revocation by these Regulations of any provision previously repealed subject to savings does not affect the continued operation of those savings.
Transitory modifications
7.
The transitory modifications in Schedule 4 to these Regulations shall have effect.
Amending Orders
8.
An order which is made under section 150 of the Social Security Administration Act 1992 after the consolidating Regulations have been made and which amends any of the Regulations scheduled to be revoked by these Regulations shall have the effect also of making a corresponding amendment of the consolidating Regulations.
Signed by authority of the Secretary of State for Work and Pensions.
James Plaskitt
Parliamentary Under-Secretary of State, Department for Work and Pensions
2nd February 2006
Statutory Instrument | Statutory Instrument number | Extent |
The Housing Benefit (General) Regulations 1987 | 1987/1971 | The whole Regulations. |
The Housing Benefit (General) (Amendment) Regulations 1988 | 1988/661 | The whole Regulations. |
The Housing Benefit (Supply of Information) Regulations 1988 | 1988/662 | The whole Regulations. |
The Housing Benefit (General) Amendment No.2 Regulations 1988 | 1988/909 | The whole Regulations. |
The Housing Benefit (General) Amendment No.3 Regulations 1988 | 1988/1444 | The whole Regulations. |
The Housing Benefit (General) Amendment No.4 Regulations 1988 | 1988/1971 | The whole Regulations. |
The Housing Benefit (General) Amendment Regulations 1989 | 1989/416 | The whole Regulations. |
The Housing Benefit (General) Amendment No.2 Regulations 1989 | 1989/566 | The whole Regulations. |
The Housing Benefit (General) Amendment No.3 Regulations 1989 | 1989/1017 | The whole Regulations. |
The Income-related Benefits Scheme Amendment Regulations 1990 | 1990/127 | Regulation 4. |
The Housing Benefit (General) Amendment Regulations 1990 | 1990/546 | The whole Regulations. |
The Income-related Benefits (Miscellaneous Amendments) Regulations 1990 | 1990/671 | Regulation 4. |
The Social Security Benefits (Student Loans and Miscellaneous Amendments) 1990 | 1990/1549 | Regulation 4 and, in so far as it has effect in relation to housing benefit, regulation 7. |
The Income-related Benefits Amendment Regulations 1990 | 1990/1657 | Regulation 4. |
The Housing Benefit (General) (Amendment No.2) Regulations 1990 | 1990/1775 | The whole Regulations. |
The Social Security (Miscellaneous Provisions) Regulations 1990 | 1990/2208 | Regulation 17. |
The Housing Benefit (General) Amendment No.3 Regulations 1990 | 1990/2564 | The whole Regulations. |
The Housing Benefit (General) Amendment Regulations 1991 | 1991/235 | The whole Regulations. |
The Enterprise (Scotland) (Consequential Amendments) Order 1991 | 1991/387 | Article 11 and the entry in the Schedule relating to the Housing Benefit (General) Regulations 1987. |
The Income-related Benefit Schemes and Social Security (Recoupment) Amendment Regulations 1991 | 1991/1175 | Regulation 4. |
The Housing Benefit and Community Charge Benefits (Miscellaneous) Amendment Regulations 1991 | 1991/1599 | The whole of the Regulations in so far as they are still in force. |
The Income-related Benefits Schemes (Miscellaneous Provisions) Amendment Regulations 1991 | 1991/2695 | Regulation 4. |
The Disability Living Allowance and Disability Working Allowance (Consequential Provisions) Regulations 1991 | 1991/2742 | Regulation 12. |
The Income-related Benefits Schemes (Miscellaneous Amendments) Regulations 1992 | 1992/50 | In regulation 1(1)— |
(a) in sub-paragraph (a) the words ", and regulation 2" to "multiple of a week"; |
||
(b) sub-paragraph (b). |
||
In regulation 1(2), the reference to the Housing Benefit Regulations. | ||
Regulation 2. | ||
The Housing Benefit (General) Amendment Regulations 1992 | 1992/201 | The whole Regulations. |
The Housing Benefit and Community Charge Benefits (Miscellaneous Amendments) Regulations1992 | 1992/432 | The whole Regulations, in so far as still in force. |
The Income-related Benefits Schemes and Social Security (Recoupment) Amendment Regulations1992 | 1992/1101 | In regulation 1(2), the reference to "the Housing Benefit Regulations". Regulation 5. |
The Income-related Benefits Schemes (Miscellaneous Amendments)(No.2) Regulations 1992 | 1992/1585 | Regulation 1(1)(b) in so far as it relates to regulation 2(2)(d) and (3)' |
In regulation 1(2) the reference to the "Housing Benefit Regulations"‘ | ||
Regulations 2(2)(d) and 3. | ||
The Council Tax Benefit (General) Regulations 1992 | 1992/1814 | The whole Regulations. |
The Housing Benefit and Community Charge Benefits (Miscellaneous Amendments)(No. 2) Amendments 1992 | 1992/2148 | The whole Regulations, in so far as still in force. |
The Social Security Benefits (Amendments Consequential Upon the Introduction of Community Care) Regulations 1992 | 1992/3147 | In regulation 1(2), the definition of "the Housing Benefit Regulations". |
Regulations 4 to 6. | ||
The Housing Benefit (General) Amendment Regulations 1993 | 1993/317 | The whole Regulations. |
The Social Security Benefits (Miscellaneous Amendments) Regulations 1993 | 1993/518 | Regulation 6. |
The Council Tax Benefit (General) Amendment Regulations 1993 | 1993/688 | The whole Regulations. |
The Social Security Benefits (Miscellaneous Amendments) (No.2) Regulations 1993 | 1993/963 | Regulations 4 and 5. |
The Income-related Benefits Schemes (Miscellaneous Amendments) (No.2) Regulations 1993 | 1993/1150 | In regulation 1(2), the definitions of "the Housing Benefit Regulations" and "the Council Tax Benefit Regulations". |
Regulations 2 and 5. | ||
The Income-related Benefits Schemes and Social Security (Recoupment) Amendment Regulations1993 | 1993/1249 | In regulation 1(1)(a), the words "except for regulation 3(5)". |
Regulations 1(1)(b), 2(b) and (e), 3 and 6. | ||
The Social Security Benefits (Miscellaneous Amendments) (No.3) Regulations 1993 | 1993/1540 | In regulation 1(3), the definition of "the Housing Benefit Regulations". |
Regulations 2(2)(a) and (d) and 3. | ||
The Housing Benefit and Council Tax Benefit (Miscellaneous Amendments) Regulations 1993 | 1993/2118 | The whole Regulations. |
The Housing Benefit and Council Tax Benefit (Amendment) Regulations 1994 | 1994/470 | The whole Regulations. |
The Housing Benefit and Council Tax Benefit (Miscellaneous Amendments) Regulations 1994 | 1994/578 | The whole Regulations. |
The Housing Benefit (General) Amendment Regulations 1994 | 1994/1003 | The whole Regulations. |
The Income-related Benefits Schemes (Miscellaneous Amendments) (No.2) Regulations 1994 | 1994/1608 | In regulation 1(2), the definition of "the Housing Benefit Regulations". |
Regulations 2(2)(a) and (d) and 3. | ||
The Income-related Benefits Schemes (Miscellaneous Amendments) (No.3) Regulations 1994 | 1994/1807 | Regulations 2 and 3. |
The Income-related Benefits Schemes (Miscellaneous Amendments) (No.4) Regulations 1994 | 1994/1924 | Regulations 2 and 5. |
The Housing Benefit (Supply of Information) and Council Tax (General) Amendment Regulations 1994 | 1994/1925 | The whole Regulations, in so far as still in force. |
The Housing Benefit and Council Tax Benefit (Miscellaneous Amendments) (No.2) Regulations 1994 | 1994/2137 | The whole of the Regulations. |
The Income-related Benefits Schemes (Miscellaneous Amendments) (No. 6) Regulations 1994 | 1994/3061 | Regulations 3 and 4. |
The Housing Benefit and Council Tax Benefit (Amendment) Regulations 1995 | 1995/511 | The whole Regulations. |
The Housing Benefit and Council Tax Benefit (Miscellaneous Amendments) Regulations 1995 | 1995/560 | The whole Regulations. |
The Housing Benefit, Council Tax Benefit and Income Support (Amendments) Regulations 1995 | 1995/625 | The whole of the Regulations, in so far as still in force. |
The Housing Benefit and Council Tax Benefit (Miscellaneous Amendments)(No.2) Regulations 1995 | 1995/626 | The whole Regulations, in so far as still in force. |
The Housing Benefit (General) Regulations 1995 | 1995/1644 | The whole Regulations. |
The Income-related Benefits Schemes and Social Security (Claims and Payments) (Miscellaneous Amendments) Regulations 1995 | 1995/2303 | In regulation 1, paragraph (2) and in paragraph (7) the definitions of "the Council Tax Benefit Regulations" and "the Housing Benefit Regulations". |
Regulations 2, 5, 7 and 9. | ||
The Income-related Benefits Schemes Amendment (No. 2) Regulations 1995 | 1995/2792 | Regulations 2, 5, 7 and 8. |
The Housing Benefit (General) Amendment (No.2) Regulations 1995 | 1995/2868 | The whole Regulations. |
The Income-related Benefits Schemes (Widows' etc. Pensions Disregards) Amendment Regulations 1995 | 1995/3282 | Regulation 2(1)(a), (c) and (f). |
The Social Security (Persons From Abroad) Miscellaneous Amendments Regulations 1996 | 1996/30 | Regulations 3 and 7. |
The Housing Benefit, Supply of Information and Council Tax Benefit (Amendment) Regulations 1996 | 1996/194 | The whole Regulations. |
The Income-related Benefits Schemes (Miscellaneous Amendments) Regulations 1996 | 1996/462 | In regulation 1, paragraph (4) and in paragraph (6), the definitions of "the Council Tax Benefit Regulations" and "the Housing Benefit Regulations". |
Regulations 3, 4, 5, 6 8(b) and (c), 9(2)(b) and (c) and 10 (2)(b) and (c). | ||
Regulation 11(2) in so far as still in force. | ||
Regulation 12(2). | ||
The Housing Benefit (General) Amendment Regulations 1996 | 1996/965 | The whole Regulations. |
The Housing Benefit, Council Tax Benefit and Supply of Information (Jobseeker's Allowance) (Consequential Amendment) Regulations 1996 | 1996/1510 | The whole Regulations. |
The Child Benefit, Child Support and Social Security (Miscellaneous Amendments) Regulations 1996 | 1996/1803 | In regulation 1(1), the words "22 to 28, 30 and 35(b),". |
Regulation 1(1)(c). | ||
In regulation 1(4), the definitions of "the Council Tax Benefit Regulations" and "the Housing Benefit Regulations". | ||
Regulations 22 to 36. | ||
The Income-related Benefits Schemes and Social Fund (Miscellaneous Amendments) Regulations 1996 | 1996/1944 | In regulation 1, paragraphs (2) and (3),and in paragraph (8), the definitions of "the Council Tax Benefit Regulations" and "the Housing Benefit Regulations"; |
Regulations 2, 5, 7, 10 and 11; | ||
In regulation 13, the words "the Council Tax Benefit Regulations" and "the Housing Benefit Regulations"; | ||
In the Schedule, paragraphs 1(2)(a) and (d), 2(1) and (2), 4, 6 and 7(2)(a) and (d). | ||
The Council Tax Benefit and Housing Benefit (Miscellaneous Amendments) Regulations 1996 | 1996/2432 | The whole Regulations. |
The Social Security (Non-Dependant Deductions) Regulations 1996 | 1996/2518 | Regulation1(1)(a) and (b). |
Regulations 2 and 3. | ||
The Income-related Benefits and Jobseeker's Allowance (Personal Allowances for Children and Young Persons) (Amendment) Regulations 1996 | 1996/2545 | In regulation 1, paragraphs (3) and (4) and in paragraph (6) the definitions of "the Council Tax Benefit Regulations" and "the Housing Benefit Regulations". |
Regulations 2(7)(c) and (d) and 3. | ||
In regulation 10(1) the words "housing benefit or council tax benefit,". | ||
The Social Security (Child Maintenance Bonus) Regulations 1996 | 1996/3195 | Regulation 15(c) and (d). |
The Income-related Benefits and Jobseeker's Allowance (Miscellaneous Amendments) Regulations 1997 | 1997/65 | In regulation 1, paragraphs (4) and (5) and in paragraph (7) the definitions of "the Council Tax Benefit Regulations" and "the Housing Benefit Regulations". |
Regulation 2(1) and (2) | ||
Regulation 3(3)(a) and (c). | ||
Regulations 11 to 15. | ||
The Housing Benefit (General) Regulations 1997 | 1997/584 | The whole Regulations. |
The Housing Benefit and Council Tax Benefit (General) Amendment Regulations 1997 | 1997/852 | The whole Regulations. |
The Council Tax Benefit (General) Amendment Regulations 1997 | 1997/1841 | The whole Regulations. |
The Housing Benefit (General) Amendment (No. 2) Regulations 1997 | 1997/1974 | The whole Regulations. |
The Housing Benefit (General) Amendment (No. 3) Regulations 1997 | 1997/1975 | The whole Regulations. |
The Income-related Benefits and Jobseeker's Allowance (Amendment) (No. 2) Regulations 1997 | 1997/2197 | In regulation 1(5), the definitions of "the Council Tax Benefit Regulations" and "the Housing Benefit Regulations". |
Regulation 4. | ||
In regulation 7, paragraphs (1), (2), (4)(a) and (d), (8)(a) and (d) and (10)(a) and (d). | ||
The Housing Benefit and Council Tax Benefit (General) Amendment (No. 2) Regulations 1997 | 1997/2434 | The whole Regulations. |
The Housing Benefit (Recovery of Overpayments) Regulations 1997 | 1997/2435 | The whole Regulations. |
The Housing Benefit (Recovery of Overpayments) (No. 2) Regulations 1997 | 1997/2619 | The whole Regulations. |
The Income-related Benefits (Miscellaneous Amendments) Regulations 1997 | 1997/2793 | The whole Regulations in so far as still in force. |
The Social Security Amendment (New Deal) Regulations 1997 | 1997/2863 | In regulation 1(2), the definitions of "the Council Tax Benefit Regulations" and "the Housing Benefit Regulations". |
Regulation 17(2)(a) and (d), (4)(a) and (d), (6)(a) and (d), (8)(a) and (d), (10)(a) and (d), and (12)(a) and (d). | ||
Regulation 18. | ||
The Social Security (Miscellaneous Amendments) Regulations 1998 | 1998/563 | In regulation 1, paragraphs (4) and (6), and in paragraph (7) the definitions of "the Council Tax Benefit Regulations" and "the Housing Benefit Regulations". |
Regulation 4(2)(a) and (d) and (4)(a) and (d) | ||
Regulation 5 (2)(a) and (d). | ||
Regulation 6 (2)(a) and (d). | ||
Regulation 7 (2)(a) and (d), (4)(a) and (d). (5) and (6). | ||
Regulation 8 (2)(a) and (b). | ||
Regulations 9, 10, 11 and 17. | ||
Regulation 18 (4)(a) and (b). | ||
The Social Security Amendment (Lone Parents) Regulations 1998 | 1998/766 | In regulation 1(3), the definitions of "the Council Tax Benefit Regulations" and "the Housing Benefit Regulations". |
Regulations 3 to 11. | ||
The Council Tax Benefit (General) Amendment Regulations 1998 | 1998/911 | The whole Regulations. |
The Social Security (Miscellaneous Amendments) (No.3) Regulations 1998 | 1998/1173 | Regulation 2. |
The Social Security (Miscellaneous Amendments) (No. 4) Regulations 1998 | 1998/1174 | In regulation 1(2), the definitions of "the Council Tax Benefit Regulations" and "the Housing Benefit Regulations". |
Regulation 7(2)(a) and (d), (4)(a) and (d), (6)(a) and (d), (8)(a) and (d), (10)(a) and (d), and (12)(a) and (d). | ||
Regulation 8(2) | ||
The Social Security Amendment (New Deal) Regulations 1998 | 1998/1274 | Regulation 10. |
The Social Security (Student Amount Amendments) Regulations 1998 | 1998/1379 | Regulation 2(2)(a) and (d); |
Regulation 3. | ||
The Housing Benefit (General) Amendment Regulations 1998 | 1998/1732 | The whole Regulations. |
The Housing Benefit and Council Tax Benefit Amendment (New Deal) Regulations 1998 | 1998/2164 | The whole Regulations. |
The Social Security (Welfare to Work) Regulations 1998 | 1998/2231 | Regulations 8 to 12. |
The Social Security Amendment (Capital) Regulations 1998 | 1998/2250 | Regulation 2(2)(a) and (d). |
The Housing Benefit (General) Amendment (No. 2) Regulations 1998 | 1998/3257 | The whole Regulations. |
The Housing Benefit and Council Tax Benefit (General) Amendment Regulations 1999 | 1999/920 | The whole regulations. |
The Social Security Amendment (Non-Cash Vouchers) Regulations 1999 | 1999/1509 | Regulations 1(3) and 2(1) and (4). |
The Housing Benefit and Council Tax Benefit (General) Amendment (No.2) Regulations 1999 | 1999/1539 | The whole Regulations. |
The Social Security Amendment (Students) Regulations 1999 | 1999/1935 | Regulation 1(1)(c) |
Regulations 4 and 5. | ||
The Social Security Amendment (Sports Awards) Regulations 1999 | 1999/2165 | In regulation 1(2), the definitions of "the Council Tax Benefit Regulations" and "the Housing Benefit Regulations". |
Regulation 2(2)(a) and (d). | ||
Regulations 3 and 5. | ||
The Housing Benefit (General) Amendment (No.2) Regulations 1999 | 1999/2401 | The whole Regulations. |
The Social Security Amendment (Personal Allowances for Children and Young Persons) Regulations 1999 | 1999/2555 | Regulation 1(7)(b) and (c) |
Regulation 2(2)(a) and (b). | ||
The Social Security (Miscellaneous Amendments) (No. 2) Regulations 1999 | 1999/2556 | Regulations 4, 5 and 6. |
The Social Security Amendment (Notional Income and Capital) Regulations 1999 | 1999/2640 | In regulation 1(2), the definitions of "the Council Tax Benefit Regulations" and "the Housing Benefit Regulations". |
Regulation 2(2) and (3)(a) and (b). | ||
The Housing Benefit (General) Amendment (No. 3) Regulations 1999 | 1999/2734 | The whole Regulations. |
The Social Security (Claims and Information) Regulations 1999 | 1999/3108 | In regulation 2, the definitions of "the Council Tax Benefit Regulations" and "the Housing Benefit Regulations". |
Regulations 9 to 12. | ||
The Social Security Act 1998 (Commencement No. 12 and Consequential and Transitional Provisions) Order 1999 | 1999/3178 | Article 3(7), |
Schedule 7. | ||
The Housing Benefit and Council Tax Benefit (General) Amendment Regulations 2000 | 2000/4 | The whole Regulations. |
The Social Security Maintenance (Education Maintenance Allowance) Regulations 2000 | 2000/55 | In regulation 1(2), the definitions of "the Council Tax Benefit Regulations" and "the Housing Benefit Regulations". |
In regulation 2, in paragraph (2), sub-paragraphs (a) and (b) and in paragraph (4), sub-paragraphs (a) and (b). | ||
The Social Security (Immigration and Asylum) (Consequential Amendments) Regulations 2000 | 2000/636 | In regulation 1(3), the definitions of "the Council Tax Benefit Regulations" and "the Housing Benefit Regulations". |
Regulations 6 and 7. | ||
Regulation 12(6),(7) and (8). | ||
The Housing Benefit (General) Amendment Regulations 2000. | 2000/638 | The whole Regulations. |
The Social Security (Approved Work) Regulations 2000 | 2000/678 | Regulation 2(3). |
The Social Security (Miscellaneous Amendments) Regulations 2000 | 2000/681 | In regulation 1— |
(a) in paragraph (1), in sub-paragraph (a) "4(5), 5(in so far as it relates to council tax benefit) and 8" and sub-paragraph (2); |
||
(b) paragraph (2); and |
||
(c) in paragraph (4), the definitions of "the Council Tax Benefit Regulations" and "the Housing Benefit Regulations". |
||
Regulation 4(4) and (5). | ||
Regulations 5, 8 and 10. | ||
Regulation 12(c). | ||
The Social Security (Employment Zones) Regulations 2000 | 2000/724 | In regulation 1(2), the definitions of "the Council Tax Benefit Regulations" and "the Housing Benefit Regulations". |
Regulation 2(2)(a) and (b). | ||
Regulation 3(2)(a) and (b), (3)(c) and (d) and (4)(c) and (d). | ||
Regulation 4(1) and (2). | ||
The Social Security (Work-focused Interviews) Regulations 2000 | 2000/897 | Regulation 16 (3). |
Schedules 2, 3 and 4. | ||
The Income-related Benefits and Jobseeker's Allowance (Amendment) Regulations 2000 | 2000/979 | Regulations 4 and 5. |
The Housing Benefit and Council Tax Benefit (General) Amendment (No. 2) Regulations 2000 | 2000/1471 | The whole Regulations. |
The Social Security Amendment (Students and Income-related Benefits) Regulations 2000 | 2000/1922 | Regulations 1(c), 4 and 5. |
The Social Security (Work-focused Interviews for Lone Parents) and Miscellaneous Amendments Regulations 2000 | 2000/1926 | In regulation 10, the words "the Housing Benefit (General) Regulations 1987, the Council Tax Benefit (General) Regulations 1992". |
Schedule 2, paragraphs 2 and 3. | ||
The Social Security Amendment (Students) Regulations 2000 | 2000/1981 | Regulations 1(2), 2, 3 and 4. |
The Social Security (Joint Claims: Consequential Amendments) Regulations 2000 | 2000/1982 | Regulation 4. |
The Social Security Amendment (Personal Allowances for Children) Regulations 2000 | 2000/1993 | Regulation 2(2)(a) and (b). |
The Housing Benefit and Council Tax benefit (General) Amendment (No. 3) Regulations 2000 | 2000/2085 | The whole Regulations. |
The Social Security Amendment (Bereavement Benefits) Regulations 2000 | 2000/2239 | In regulation 1(4), the definitions of "the Council Tax Benefit Regulations" and "the Housing Benefit Regulations"; |
Regulations 4 and 5; | ||
In regulation 6, "4(2) and 5(2)" and "the Housing Benefit Regulations and the Council Tax Benefit Regulations". | ||
The Housing Benefit and Council Tax Benefit (General) Amendment (No. 4) Regulations 2000 | 2000/2331 | The whole Regulations. |
The Social Security (Students and Income-related Benefits)(No. 2) Regulations 2000 | 2000/2422 | Regulations 2 and 3. |
The Social Security Amendment (Capital Limits and Earnings Disregards) Regulations 2000 | 2000/2545 | In regulation 1 paragraph (1)(a) and (b) and in paragraph (4), the definitions of "the Council Tax Benefit Regulations" and "the Housing Benefit Regulations"; |
Regulation 2(3) and (4) | ||
In regulation 4 the words "Paragraph 3(4)(c) of Schedule 3 to both the Council Tax Benefit Regulations and to the Housing Benefit Regulations"; | ||
In the Schedule, paragraph 1. | ||
The Social Security Amendment (Enhanced Disability Premium) Regulations 2000 | 2000/2629 | In regulation 1, in paragraph (a), "and regulation 4" and paragraph (b). |
Regulations 3 and 4. | ||
The Social Security Amendment (Employment Zones)(No. 2) Regulations 2000 | 2000/2910 | In regulation 1(2), the definitions of "the Council Tax Benefit Regulations" and "the Housing Benefit Regulations"; |
Regulations 2(2)(a) and (b), 4(2)(a) and (b) and 5(3). | ||
The Social Security (Child Maintenance Premium and Miscellaneous Amendments) Regulations 2000 | 2000/3176 | Regulation 3. |
The Social Security Amendment (Capital Disregards) Regulations 2001 | 2001/22 | Regulation 2 (c) and (d). |
The Housing Benefit (General) Amendment Regulations 2001 | 2001/487 | The whole Regulations. |
The Social Security Amendment (Joint Claims) Regulations 2001 | 2001/518 | Regulation 6. |
The Housing Benefit and Council Tax Benefit (Extended Payments) Regulations 2001. | 2001/ 537 | The whole Regulations. |
The Social Security (Miscellaneous Amendments)(No.2) Regulations 2001 | 2001/652 | In regulation 1(2), the definitions of "the Council Tax Benefit Regulations" and "the Housing Benefit Regulations". |
In regulation 2(1) the words "each of the Council Tax Benefit Regulations, the Housing Benefit Regulations and"; | ||
Regulation 3(2)(a) and (b). | ||
The Social Security (Miscellaneous Amendments) (No.3) Regulations 2001 | 2001/859 | In regulation 1 paragraph (1)(b) and in paragraph (5) the definitions of "the Council Tax Benefit Regulations" and "the Housing Benefit Regulations". |
Regulation 2. | ||
In regulation 6, paragraphs (1) and (3)(a) and (b). | ||
The Social Security Amendment (New Deal) Regulations 2001 | 2001/1029 | In regulation 1(3), the definitions of "the Council Tax Benefit Regulations" and "the Housing Benefit Regulations". |
Regulation 15(1), (3)(a) and (b), (5)(a) and (b), (7)(a) and (b), (9)(a) and (b), (11)(a) and (b), (13)(a) and (b) and (15)(a) and (b). | ||
The Social Security (Capital Disregards and Recovery of Benefits) Regulations 2001 | 2001/1118 | Regulation 2(2). |
The Housing Benefit (General) Amendment (No.2) Regulations 2001 | 2001/1190 | The whole Regulations. |
The Housing Benefit (General) Amendment (No. 3) Regulations 2001 | 2001/1324 | The whole Regulations. |
The Housing Benefit and Council Tax Benefit (Decisions and Appeals and Discretionary Financial Assistance) (Consequential Amendments and Revocations) Regulations 2001 | 2001/1605 | The whole Regulations. |
The Social Security (Breach of Community Order) (Consequential Amendments) Regulations 2001 | 2001/1711 | Regulation 2(1). |
The Housing Benefit and Council Tax Benefit (General) Amendment Regulations 2001 | 2001/1864 | The whole Regulations. |
The Social Security Amendment (Volunteers) Regulations 2001 | 2001/2296 | Regulation 2(2)(a) and (b). |
The Social Security Amendment (Students and Income-related Benefits) Regulations 2001 | 2001/2319 | In regulation 1, paragraph (1)(c) and in paragraph (2), the definitions of "the Council Tax Benefit Regulations" and "the Housing Benefit Regulations". |
Regulation 2(2)(a) and (b) and (4). | ||
Regulation 3(3)(a) and (b), (4)(a) and (b) and (5). | ||
Regulation 4(a) and (b). | ||
Regulations 5(3) and (4), 6(a) and (b) and 7. | ||
The Social Security Amendment (Discretionary Housing Payments) Regulations 2001 | 2001/2333 | In regulation 1(2), the definitions of "the Council Tax Benefit Regulations" and "the Housing Benefit Regulations". |
Regulation 2(1)(a) and (b) and (2)(a) and (b). | ||
Regulation 3. | ||
The Children (Leaving Care) Act 2000 (Commencement No. 2 and Consequential Provisions) Order 2001 | 2001/3070 | Article 3(3) and (4) |
Schedules 2 and 3. | ||
The Social Security Amendment (Capital Disregards) (No. 2) Regulations 2001 | 2001/3481 | Regulation 2(a) and (b). |
The Social Security (Loss of Benefit) (Consequential Amendments) Regulations 2002 | 2002/490 | In regulation 1(2), the definitions of "the Council Tax Benefit Regulations" and "the Housing Benefit Regulations". |
Regulations 2(1)(b) and (c) and 5. | ||
The Housing Benefit and Council Tax Benefit (Child Care Charges) Regulations 2002 | 2002/499 | The whole Regulations. |
The Social Security (Miscellaneous Amendments) Regulations 2002 | 2002/841 | In regulation 1(2), the definitions of "the Council Tax Benefit Regulations" and "the Housing Benefit Regulations". |
Regulations 4 and 5. | ||
The Social Security (Claims and Information) (Housing Benefit and Council Tax Benefit) Regulations 2002 | 2002/1132 | The whole Regulations. |
The Secretaries of State for Education and Skills and for Work and Pensions Order 2002 | 2002/1397 | In the Schedule, paragraphs 19, 20 and 21. |
The Social Security Amendment (Students and Income-related Benefits) Regulations 2002 | 2002/1589 | In regulation 1(2), the definitions of "the Council Tax Benefit Regulations" and "the Housing Benefit Regulations". |
Regulations 2(2)(a) and (b), 3(3)(a) and (b), 4(2)(a) and (b), (4)(a) and (b), (6)(a) and (b) and 8(a) and (b), 5(6)(a) and (b) and 6. | ||
The Social Security (Jobcentre Plus Interviews) Regulations 2002 | 2002/1703 | In Schedule 2, paragraphs 2 and 4. |
The Social Security Amendment (Intercalating Students) Regulations 2002 | 2002/1763 | Regulation 2(2)(a) and (b). |
The Social Security Amendment (Personal Allowances for Children and Young Persons) Regulations 2002 | 2002/2019 | In the heading to regulation 2, the words "housing benefit and council tax benefit". |
Regulation 2(2)(c) and (d). | ||
The Social Security Amendment (Carer Premium) Regulations 2002 | 2002/2020 | In the heading to regulation 2 the words "Housing Benefit and Council Tax Benefit" and in regulation 2 the words ", paragraph 14ZA of Schedule 2 to the Housing Benefit (General) Regulations 1987 and in paragraph 16 of Schedule 1 to the Council Tax Benefit (General) Regulations 1992". |
The Social Security Amendment (Students and Income-related Benefits)(No.2) Regulations 2002 | 2002/2207 | Regulation 2(3)(a) and (b). |
The Social Security Amendment (Employment Programme) Regulations 2002 | 2002/2314 | Regulations 4 and 5. |
The Housing Benefit (General) Amendment Regulations 2002 | 2002/2322 | The whole Regulations. |
The Social Security (Miscellaneous Amendments) (No. 2) Regulations 2002 | 2002/2380 | Regulations 4 and 5. |
The Income-related Benefits and Jobseeker's Allowance (Working Tax Credit and Child Tax Credit)(Amendment) Regulations 2002 | 2002/2402 | Regulation 1(4), (5) and (6). |
In regulation 1(7), the definitions of "the Council Tax Benefit Regulations" and "the Housing Benefit Regulations". | ||
Regulations 4 and 5. | ||
Schedules 3 and 4, in so far as they are still in force. | ||
The Social Security Amendment (Personal Injuries Payments) Regulations 2002 | 2002/2442 | In regulation 1(2), the definitions of "the Council Tax Benefit Regulations" and "the Housing Benefit Regulations". |
Regulations 2(a) and (b) and 3(2)(a) and (b). | ||
The Social Security Amendment (Carer's Allowance) Regulations 2002 | 2002/2497 | In Schedule 2 the references to the Housing Benefit (General) Regulations 1987 and the Council Tax Benefit (General) Regulations 1992. |
The Social Security (Paternity and Adoption) Amendment Regulations 2002 | 2002/2689 | In regulation 1(2), the definitions of "the Council Tax Benefit Regulations" and "the Housing Benefit Regulations". |
Regulations 4 and 5. | ||
The Housing Benefit and Council Tax Benefit (General) Amendment Regulations 2003 | 2003/48 | The whole Regulations. |
The Housing Benefit and Council Tax Benefit (General) Amendment (No. 2) Regulations 2003 | 2003/308 | The whole Regulations. |
The Housing Benefit and Council Tax Benefit (State Pension Credit) Regulations 2003 | 2003/325 | Regulation 1(2) and (3). |
Regulations 2 to 27. | ||
Regulations 29 and 30. | ||
Schedule 2. | ||
The Housing Benefit (General) Amendment Regulations 2003 | 2003/363 | The whole Regulations. |
The Social Security (Working Tax Credit and Child Tax Credit) (Consequential Amendments) Regulations 2003 | 2003/455 | In regulation 1(12), the definitions of "the Council Tax Benefit Regulations" and "the Housing Benefit Regulations". |
Regulations 4 and 5 | ||
Schedule 3. | ||
The Social Security (Miscellaneous Amendments) Regulations 2003 | 2003/511 | Regulations 4 and 5. |
The Community Care, Services for Carers and Children's Services (Direct Payments) (England) Regulations 2003 | 2003/762 | In Schedule 2, the references to "the Council Tax Benefit Regulations 1992" and "the Housing Benefit Regulations 1987". |
The Income-related Benefits and Jobseeker's Allowance (Working Tax Credit and Child Tax Credit) (Amendment) Regulations 2003 | 2003/770 | The whole Regulations. |
The Social Security (Hospital In-Patients and Miscellaneous Amendments) Regulations 2003 | 2003/1195 | Regulations 1(d) and (e), 4, 5 and 10. |
The Housing Benefit and Council Tax Benefit (State Pension Credit)(Abolition of Benefit Periods) Amendment Regulations 2003 | 2003/1338 | Regulation1(2). |
Regulations 2 to 23. | ||
The Social Security (Back to Work Bonus and Lone Parent Run-on) (Amendment and Revocation) Regulations 2003 | 2003/1589 | In regulation 1(2), the definitions of "the Council Tax Benefit Regulations", "the Housing Benefit Regulations" and "the Housing Benefit Supply of Information Regulations". |
Regulations 3, 4 and 7. | ||
The Social Security (Claims and Payments and Miscellaneous Amendments) Regulations 2003 | 2003/1632 | In regulation 1(2), the definitions of "the Council Tax Benefit Regulations" and "the Housing Benefit Regulations" |
Regulations 3 and 4. | ||
The Social Security Amendment (Students and Income-related Benefits) Regulations 2003 | 2003/1701 | In regulation 1(2), the definitions of "the Council Tax Benefit Regulations" and "the Housing Benefit Regulations". |
Regulations 2(3)(a) and (b) and 3(2)(a) and (b). | ||
The Social Security (Working Tax Credit and Child Tax Credit) (Consequential Amendments) (No. 3) Regulations 2003 | 2003/1731 | In regulation 1(2), the definitions of "the Council Tax Benefit Regulations" and "the Housing Benefit Regulations". |
Regulation 3. | ||
The Social Security Amendment (Students and Income-related Benefits) (No.2) Regulations 2003 | 2003/1914 | In regulation 1(2), the definitions of "the Council Tax Benefit Regulations" and "the Housing Benefit Regulations". |
Regulation 2(3)(a) and (b). | ||
The Housing Benefit and Council Tax Benefit (State Pension Credit and Miscellaneous Amendments) Regulations 2003 | 2003/2275 | In regulation 1(2), the definitions of "the Council Tax Benefit Regulations", "the Housing Benefit Regulations" and "the State Pension Credit Regulations". |
Regulations 2, 3 and 4. | ||
The Social Security (Miscellaneous Amendments)(No.2) Regulations 2003 | 2003/2279 | Regulations 4, 5 and 6. |
The Housing Benefit (General) (Local Housing Allowance) Amendment Regulations 2003 | 2003/2399 | Regulation 1(2). |
Regulations 2 to 15. | ||
Schedules 1 and 2. | ||
The Social Security (Incapacity Benefit Work-focused Interviews) Regulations 2003 | 2003/2439 | Regulations 14 and 15. |
The Housing Benefit and Council Tax Benefit (Miscellaneous Amendments) Regulations 2003 | 2003/2634 | The whole Regulations. |
The Housing Benefit and Council Tax Benefit (Abolition of Benefit Periods) Amendment Regulations 2004 | 2004/14 | Regulations 2 to 33. |
The Council Tax Benefit (Abolition of Restrictions) Regulations 2004 | 2004/154 | The whole Regulations. |
The Housing Benefit and Council Tax Benefit (State Pension Credit and Miscellaneous Amendments) Regulations 2004 | 2004/290 | The whole Regulations. |
The Housing Benefit and Council Tax Benefit (Extended Payments (Severe Disablement Allowance and Incapacity Benefit)) Amendment Regulations 2004 | 2004/319 | The whole Regulations. |
The Social Security (Miscellaneous Amendments) Regulations 2004 | 2004/565 | Regulations 1(2)(c), 3, 4, 9 and 10. |
The Housing Benefit and Council Tax Benefit (Supply of Information) Amendment Regulations 2004 | 2004/574 | The whole Regulations. |
The Housing Benefit and Council Tax Benefit (Miscellaneous Amendments) Regulations 2004 | 2004/781 | The whole Regulations. |
The Social Security (Income-Related Benefits Self-Employment Route Amendment) Regulations 2004 | 2004/963 | In regulation 1(2), the definitions of "the Council Tax Benefit Regulations" and "the Housing Benefit Regulations". |
In regulation 2, the words "each of the council Tax Benefit Regulations, the Housing Benefit Regulations and". | ||
The Social Security (Miscellaneous Amendments) (No.2) Regulations 2004 | 2004/1141 | In regulation 1(2), the definitions of "the Council Tax Benefit Regulations" and "the Housing Benefit Regulations". |
In regulation 2, the words "each of the Council Tax Benefit Regulations, the Housing Benefit Regulations and". | ||
Regulation 2(b)(i). | ||
In regulation 2(b)(ii), the words "and the Housing Benefit Regulations". | ||
Regulations 3(2)(a) and (b), (4)(a) and (b), (6)(a) and (b) and (8)(a), and 4(2)(a) and (b) and (4)(a) and (b). | ||
The Social Security (Habitual Residence) Amendment Regulations 2004 | 2004/1232 | In regulation 1(2), the definitions of "the Council Tax Benefit Regulations" and "the Housing Benefit Regulations". |
Regulations 2 and 6(2)(a). | ||
The Social Security (Students and Income-related Benefits) Amendment Regulations 2004 | 2004/1708 | In regulation 2(2), the definitions of "the Housing Benefit Regulations" and "the Council Tax Benefit Regulations"; |
Regulation 2(3)(a) and (b). Regulation 3 (1), (2) and (6)(a) and (b). | ||
Regulations 4 and 7. | ||
The Community Care, Services for Carers and Children's Services (Direct Payments) (Wales) Regulations 2004 | 2004/1748 | In paragraph 2 of Schedule 2, the entries relating to the Council Tax Benefit (General) Regulations 1992 and the Housing Benefit (General) Regulations 1987. |
The Housing Benefit and Council Tax Benefit (Miscellaneous Amendments) (No.2) Regulations 2004 | 2004/2303 | The whole Regulations. |
The Social Security (Miscellaneous Amendments)(No.3) Regulations 2004 | 2004/2308 | In regulation 1(2), the definitions of "the Housing Benefit Regulations" and "the Council Tax Benefit Regulations"; |
Regulation 2(3) and (4). | ||
Regulation 3(2)(b) and (c), (4)(b) and (c), (6) and (7). | ||
Regulation 4(1), (2) and (6). | ||
The Social Security (Housing Benefit, Council Tax Benefit, State Pension Credit and Miscellaneous Amendments) Regulations 2004 | 2004/2327 | In regulation 1(1)(a), the words "2(10)(a)(iii) and (iv) and (b) and (22), 3(4), (10)(a)(iii) and (iv) and (b) and (22) and". |
Regulations 1(2), 2 and 3. | ||
The Housing Benefit (General) (Amendment) Regulations 2004 | 2004/2984 | The whole Regulations. |
The Fire and Rescue Services Act 2004 (Consequential Amendments) (England) Order 2004 | 2004/3168 | Regulations 15 and 27. |
The Social Security, Child Support and Tax Credits (Decisions and Appeals) Amendment Regulations 2004 | 2004/3368 | Regulations 4 and 5. |
The Housing Benefit (General) (Local Housing Allowance) Amendment Regulations 2005 | 2005/238 | The whole Regulations. |
The Housing Benefit and Council Tax Benefit (Miscellaneous Amendments) Regulations 2005 | 2005/273 | The whole Regulations. |
The Social Security, Child Support and Tax Credits (Miscellaneous Amendments) Regulations 2005 | 2005/337 | Regulations 8 and 9. |
The Housing Benefit and Council Tax Benefit (Miscellaneous Amendments) (No 2) Regulations 2005 | 2005/573 | The whole Regulations. |
The Social Security (Miscellaneous Amendments) Regulations 2005 | 2005/574 | In regulation 1(2), the definitions of "the Housing Benefit Regulations" and "the Council Tax Benefit Regulations". |
In regulation 2(1), the words "the Housing Benefit Regulations and the Council Tax Benefit Regulations," | ||
Regulation 2(3), (4) and (8)(b) and (c). | ||
Regulations 4 and 5. | ||
The Housing Benefit (General) (Amendment) Regulations 2005 | 2005/1719 | The whole Regulations. |
The Social Security (Students and Income-related Benefits) Amendment Regulations 2005 | 2005/1807 | In regulation 1(2), the definitions of "the Housing Benefit Regulations" and "the Council Tax Benefit Regulations". |
Regulation 2(4)(a) and (b) and (5). | ||
The Fire (Scotland) Act 2005 (Consequential Provisions and Modifications) Order 2005 | 2005/2060 (S. 7) | Schedule 3, paragraphs 6 and 7. |
The Mental Health (Care and Treatment) (Scotland) Act 2003 (Consequential Provisions) Order 2005 | 2005/2078 (S. 9) | Schedule 2, paragraphs 4 and 14. |
The Income-related Benefits (Amendment) Regulations 2005 | 2005/2183 | Regulations 3 and 4. |
The Social Security (Miscellaneous Amendments) (No. 2) Regulations 2005 | 2005/2465 | Regulations 4(5) and (6) and 5(5) and (6). |
The Housing Benefit and Council Tax Benefit (Miscellaneous Amendments) (No.3) Regulations 2005 | 2005/2502 | Regulations 2(6) and 3(6) and (10). |
The Social Security (Care Homes and Independent Hospitals) Regulations 2005 | 2005/2687 | Regulations 4 and 5 |
Schedules 3 and 4. | ||
The Civil Partnership (Pensions, Social Security and Child Support)(Consequential, etc. Provisions) Order 2005 | 2005/2877 | In Schedule 3, paragraphs 15, 16, 17, 21 and 22. |
The Social Security (Civil Partnership) (Consequential Amendments) Regulations 2005 | 2005/2878 | Regulations 6 and 7. |
The Housing Benefit and Council Tax Benefit (Miscellaneous Amendments) (No.4) Regulations 2005 | 2005/2894 | In regulation 1(2), the definitions of "the Housing Benefit Regulations" and "the Council Tax Benefit Regulations". |
Regulations 2 and 3. | ||
The Housing Benefit and Council Tax Benefit (Miscellaneous Amendments) (No.5) Regulations 2005 | 2005/3294 | The whole Regulations. |
The Income-related Benefits (Amendment) (No.2) Regulations 2005 | 2005/3391 | Regulations 3 and 4. |
(6) In Schedule 3A[16] (protected sum)—
(7) In Schedule 3B[17] (protected sum)—
(8) In Schedule 9 (sums to be disregarded in the calculation of income other than earnings), in paragraph 5, for "regulation 7B of the Housing Benefit (General) Regulations 1987" substitute "regulation 10A of the Housing Benefit Regulations 2006".
(9) In Schedule 10 (capital to be disregarded), in paragraph 48 for "regulation 7B of the Housing Benefit (General) Regulations 1987" substitute "regulation 10A of the Housing Benefit Regulations 2006[18]".
Amendment of the Social Security (Claims and Payments) Regulations 1987
2.
—(1) The Social Security (Claims and Payments) Regulations 1987[19] shall be amended in accordance with the provisions of this paragraph.
(2) In regulation 33(1A)[20] (persons unable to act), for "regulation 71(3) of the Housing Benefit (General) Regulations 1987 or regulation 61(3) of the Council Tax Benefit (General) Regulations 1992", substitute "regulation 82(3) of the Housing Benefit Regulations 2006, regulation 63(3) of the Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 2006, regulation 68(3) of the Council Tax Benefit Regulations 2006, or regulation 52(3) of the Council Tax Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 2006".
(3) In Schedule 9 (deductions from benefit and direct payment to third parties)—
(c) in paragraph 5—
Amendment of the Employment Action (Miscellaneous Provisions) Order 1991
3.
In the Schedule to the Employment Action (Miscellaneous Provisions) Order 1991[24](list of subordinate legislation)—
Amendment of the Child Support (Maintenance Assessments and Special Cases) Regulations 1992
4.
—(1) The Child Support (Maintenance Assessments and Special Cases) Regulations 1992[25] shall be amended in accordance with the provisions of this paragraph.
(2) In regulation 1(2) (citation, commencement and interpretation)—
(3) In regulation 11(1)(b)[26] (protected income), for the words "regulation 63 of the Housing Benefit Regulations", substitute "regulation 74 of the Housing Benefit Regulations or, as the case may be, regulation 55 of the Housing Benefit (State Pension Credit) Regulations".
(4) In regulation 15(2) (amount of housing costs), for "regulations 10 and 69 of the Housing Benefit Regulations", substitute "regulations 12 and 80 of the Housing Benefit Regulations or, as the case may be, regulations 12 and 61 of the Housing Benefit (State Pension Credit) Regulations".
(5) In paragraph 6[27] of Schedule 3 (eligible housing costs) for sub-paragraphs (a) and (b), substitute—
Amendment of the National Assistance (Assessment of Resources) Regulations 1992
5.
In regulation 13 (earnings of employed earners) of the National Assistance (Assessment of Resources) Regulations 1992[28] for "regulation 28 of the Housing Benefit (General) Regulations", substitute "regulation 35 of the Housing Benefit Regulations 2006 or, as the case may be, regulation 35 of the Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 2006".
Amendment of the Council Tax (Demand Notices) (Wales) Regulations 1993
6.
For sub-paragraph (d) of paragraph 7 of Schedule 1 (matters to be contained in demand notices) to the Council Tax (Demand Notices) (Wales) Regulations 1993[29], substitute—
Amendment of Orders relating to the status of trainees
7.
—(1) In the Schedule to each of the Orders specified in sub-paragraph (2) below—
(2) Those Orders are—
The Jobseekers Allowance Regulations 1996
8.
—(1) The Jobseeker's Allowance Regulations 1996[35] shall be amended in accordance with the provisions of this paragraph.
(2) In regulation 1(3) (interpretation)[36], in the definition of "housing benefit expenditure", for "regulation 10(1) of the Housing Benefit (General) Regulations 1987", substitute "regulation 12(1) of the Housing Benefit Regulations 2006".
(3) In regulation 114(3)(b) (diminishing notional capital rule), for "the Housing Benefit (General) Regulations 1987", substitute "the Housing Benefit Regulations 2006".
(4) In Schedule 2 (housing costs)—
Amendment of the Social Security Benefit (Computation of Earnings) Regulations 1996
9.
In Schedule 2 of the Social Security Benefit (Computation of Earnings) Regulations 1996[37](child care charges to be deducted in the calculation of earnings) in paragraph 8, in sub-paragraph (a), for the words "(ii) a higher pensioner premium" to the end of the sub-paragraph, substitute—
on account of the other member's incapacity or either regulation 18(1)(c) of the Council Tax Benefit Regulations 2006 (treatment of child care charges) or, as the case may be, regulation 28(1)(c) of the Housing Benefit Regulations 2006 (treatment of child care charges) applies in that person's case;".
Amendment of the Housing Renewal Grants Regulations 1996
10.
—(1) The Housing Renewal Grants Regulations 1996[38] shall be amended in accordance with the provisions of this paragraph.
(2) In regulation 2, in paragraph (1) (interpretation)—
(c) in the definition of "training allowance" for "regulation 2(1) of the Housing Benefit (General) Regulations 1987", substitute "regulation 2(1) of the Housing Benefit Regulations 2006".
(3) In regulation 3(1) (persons from abroad)[41] for "regulation 7A (persons from abroad) of the Housing Benefit (General) Regulations 1987", substitute "regulation 10 of the Housing Benefit Regulations 2006 or, as the case may be, regulation 10 of the Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 2006 (persons from abroad)".
(4) In regulation 19(3)(e) (treatment of child care charges), for "regulation 18(2) of the Housing Benefit (General) Regulations 1987", substitute "regulation 24(2) of the Housing Benefit Regulations 2006".
(5) In regulation 31, in paragraph (14), for sub-paragraph (b) (notional income), substitute—
(6) In regulation 38, in paragraph (7) for sub-paragraph (b) (notional capital), substitute—
(7) In Schedule 3 (sums to be disregarded in the determination of income other than earnings)—
(b) in paragraph 49, for "regulation 4D of the Council Tax Benefit (General) Regulations 1992", substitute "regulation 7A of the Council Tax Benefit Regulations 2006[42]";
(c) in paragraph 57, for "regulation 7B of the Housing Benefit (General) Regulations 1987", substitute "regulation 10A of the Housing Benefit Regulations 2006[43]";
(d) in paragraph 67(3)[44], for the definition of "rent", substitute—
(8) In Schedule 4 (capital to be disregarded)—
Amendment of the Rent Officers (Housing Benefit Functions) Order 1997
11.
—(1) The Rent Officers (Housing Benefit Functions) Order 1997[48] shall be amended in accordance with the provisions of this paragraph.
(2) In regulation 2 (interpretation)—
(3) In regulation 3A (transitional arrangements for determination of single room rents with effect from 2nd July 2001)[52], for "regulation 12A of the 1987 Regulations", substitute "regulation 14 of the Housing Benefit Regulations or, as the case may be, regulation 14 of the Housing Benefit (State Pension Credit) Regulations".
(4) In regulation 4A (substitute determinations and substitute redeterminations)[53], for "regulation 12C of the 1987 Regulations", substitute "regulation 17 of the Housing Benefit Regulations or, as the case may be, regulation 17 of the Housing Benefit (State Pension Credit) Regulations".
(5) In regulation 4B(4) (broad rental market area determinations and local housing allowance determinations)[54]—
(6) In regulation 4C (board and attendance determinations and notifications)[55]—
(7) In regulation 4E (substitute board and attendance determinations and substitute board and attendance redeterminations)[56], wherever "regulation 12C of the 1987 Regulations" occurs, substitute "regulation 17 of the Housing Benefit Regulations or, as the case may be, regulation 17 of the Housing Benefit (State Pension Credit) Regulations".
(8) In regulation 6 (exceptions)—
(9) In regulation 7 (special cases), for regulation 10(1) of the 1987 Regulations, substitute "regulation 12(1) of the Housing Benefit Regulations or, as the case may be, regulation 12(1) of the Housing Benefit (State Pension Credit) Regulations".
(10) In Schedule 1—
(c) in Part 3, in paragraph 9(1)(c) (notifications), for "paragraph 1(a)(i) of Schedule 1 to the 1987 Regulations", substitute "paragraph 1(a)(i) of Schedule 1 to the Housing Benefit Regulations or, as the case may be, paragraph 1(a)(i) of Schedule 1 to the Housing Benefit (State Pension Credit) Regulations"; and
(d) in Part 4, in paragraph 11(5)(b) (indicative rent levels), for "regulation 3 of the 1987 Regulations", substitute "regulation 3 of the Housing Benefit Regulations or, as the case may be, regulation 3 of the Housing Benefit (State Pension Credit) Regulations".
(11) In Schedule 3A(categories of dwelling)[58], in Part 1, in paragraph 1(2)(b), for "regulation 3 of the 1987 Regulations", substitute "regulation 3 of the Housing Benefit Regulations or, as the case may be, regulation 3 of the Housing Benefit (State Pension Credit) Regulations".
Amendment of the Rent Officers (Housing Benefit Functions) (Scotland) Order 1997
12.
—(1) The Rent Officers (Housing Benefit Functions) (Scotland) Order 1997[59] shall be amended in accordance with the provisions of this paragraph.
(2) In regulation 2 (interpretation)—
(3) In regulation 3A (transitional arrangements for determination of single room rents with effect from 2nd July 2001)[63], for "regulation 12A of the 1987 Regulations", substitute "regulation 14 of the Housing Benefit Regulations or, as the case may be, regulation 14 of the Housing Benefit (State Pension Credit) Regulations".
(4) In regulation 4A (substitute determinations and substitute redeterminations)[64], for "regulation 12C of the 1987 Regulations", substitute "regulation 17 of the Housing Benefit Regulations or, as the case may be, regulation 17 of the Housing Benefit (State Pension Credit) Regulations".
(5) In regulation 4B(4) (broad rental market area determinations and local housing allowance determinations)[65]—
(6) In regulation 4C (board and attendance determinations and notifications)[66]—
(7) In regulation 4E (substitute board and attendance determinations and substitute board and attendance redeterminations)[67], wherever "regulation 12C of the 1987 Regulations" occurs, substitute "regulation 17 of the Housing Benefit Regulations or, as the case may be, regulation 17 of the Housing Benefit (State Pension Credit) Regulations".
(8) In regulation 6 (exceptions)—
(9) In regulation 7 (special cases), for regulation 10(1) of the 1987 Regulations, substitute "regulation 12(1) of the Housing Benefit Regulations or, as the case may be, regulation 12(1) of the Housing Benefit (State Pension Credit) Regulations".
(10) In Schedule 1—
(c) in Part 3, in paragraph 9(1)(c) (notifications), for "paragraph 1(a)(i) of Schedule 1 to the 1987 Regulations", substitute "paragraph 1(a)(i) of Schedule 1 to the Housing Benefit Regulations or, as the case may be, paragraph 1(a)(i) of Schedule 1 to the Housing Benefit (State Pension Credit) Regulations"; and
(d) in Part 4, in paragraph 11(5)(b) (indicative rent levels), for "regulation 3 of the 1987 Regulations", substitute "regulation 3 of the Housing Benefit Regulations or, as the case may be, regulation 3 of the Housing Benefit (State Pension Credit) Regulations".
(11) In Schedule 3A(categories of dwelling)[69], in Part 1, in paragraph 1(2)(b), for "regulation 3 of the 1987 Regulations", substitute "regulation 3 of the Housing Benefit Regulations or, as the case may be, regulation 3 of the Housing Benefit (State Pension Credit) Regulations".
Amendment of the Income-Related Benefits (Subsidy to Authorities) Order 1998
13.
—(1) The Income-Related Benefits (Subsidy to Authorities) Order 1998[70] shall be amended in accordance with the provisions of this paragraph.
(2) In article 11(interpretation of Part III)—
(b) in paragraph (2), in the definition of "qualifying expenditure", for "regulation 91", substitute "regulation 93" and after "Housing Benefit Regulations", insert "and regulation 74 of the Housing Benefit (State Pension Credit) Regulations"; and
(c) in paragraph (3)[71], for "regulation 97 or 102 of the Housing Benefit Regulations" substitute "regulation 98 or 102 of the Housing Benefit Regulations or, as the case may be, regulation 79 or 83 of the Housing Benefit (State Pension Credit) Regulations".
(3) In article 14(1)(a) (backdated benefit), for "paragraph (15) of regulation 72 of the Housing Benefit Regulations or paragraph (16) of regulation 62 of the Council Tax Benefit Regulations", substitute "regulation 83(12) of the Housing Benefit Regulations or, as the case may be, regulation 64(13) of the Housing Benefit (State Pension Credit) Regulations, regulation 69(13) of the Council Tax Benefit Regulations or regulation 53(13) of the Council Tax Benefit (State Pension Credit) Regulations".
(4) In article 15(8) (disproportionate rent increase), in the definition of "rent" for "sub-paragraphs (a) to (j) in paragraph (1) of regulation 10 of the Housing Benefit Regulations", substitute "sub-paragraphs (a) to (j) in paragraph (1) of regulation 12 of the Housing Benefit Regulations or, as the case may be, sub-paragraphs (a) to (j) in paragraph (1) of regulation 12 of the Housing Benefit (State Pension Credit) Regulations".
(5) In article 15A (disproportionate rent increase-Wales)[72], in paragraph (8) in sub-paragraph (a) of the definition of "rent", for "regulation 10 of the Housing Benefit Regulations", substitute " regulation 12 of the Housing Benefit Regulations or, as the case may be, regulation 12 of the Housing Benefit (State Pension Credit) Regulations".
(6) In article 16 (treatment of high rents)—
(b) in paragraph (4)—
(7) In article 18 (additions to subsidy)—
(b) in paragraph (8), for "paragraph (15) of regulation 72 of the Housing Benefit Regulations, paragraph (16) of regulation 62 of the Council Tax Benefit Regulations", substitute "paragraph (12) of regulation 83 of the Housing Benefit Regulations, paragraph (13) of regulation 64 of the Housing Benefit (State Pension Credit) Regulations, paragraph (13) of regulation 69 of the Council Tax Benefit Regulations of paragraph (13) of regulation 53 of the Council Tax Benefit (State Pension Credit) Regulations".
(8) In article 19 (deductions to be made in calculating subsidy) in paragraph (1), in sub-paragraph (g)(ii)—
(9) In article 23 (transitional provisions in relation to rent officer determinations), in paragraph (2)(a), for "Housing Benefit Regulations", substitute "Housing Benefit (General) Regulations 1987".
(10) In Schedule 4 (high rents and rent allowances)—
(g) in paragraph 12 (relevant date)—
(h) in paragraph 15, for "regulation 11(9) of the Housing Benefit Regulations", substitute "regulation 13(14) of the Housing Benefit Regulations or, as the case may be, regulation 13(14) of the Housing Benefit (State Pension Credit) Regulations";
(i) in paragraph 16 (apportionment), for "regulation 10(5) of the Housing Benefit Regulations" substitute "regulation 12(5) of the Housing Benefit Regulations or, as the case may be, regulation 12(5) of the Housing Benefit (State Pension Credit) Regulations";
(j) in paragraph 17(1)[75] (interpretation)—
(cc) in sub-paragraph (b)(i), for "under Part II of Schedule 1 to the Housing Benefit Regulations" substitute "under Part 2 of Schedule 1 to the Housing Benefit Regulations or, as the case may be, Part 2 of Schedule 1 to the Housing Benefit (State Pension Credit) Regulations";
(dd) in sub-paragraph (b)(ii), for "paragraph 1A of Schedule 1 to the Housing Benefit Regulations", substitute "paragraph 2 of Schedule 1 to the Housing Benefit Regulations or, as the case may be, paragraph 2 of Schedule 1 to the Housing Benefit (State Pension Credit) Regulations";
(ee) in sub-paragraph (b)(iii), for "paragraph 1 of Schedule 1 to those Regulations (ineligible service charges), other than sub-paragraphs (d) to (f) of that paragraph", substitute "paragraph 1 of Schedule 1 to those Regulations or, as the case may be, paragraph 1 of Schedule 1 to the Housing Benefit (State Pension Credit) Regulations (ineligible service charges), other than sub-paragraphs (d) to (f) of those paragraphs";
(iii) in the definition of "property-specific rent less ineligible amounts", for "paragraph 1(a)(i) or 4 of Schedule 1 to the Housing Benefit Regulations", substitute "paragraph 1(a)(i) or paragraph 5 of Schedule 1 to the Housing Benefit Regulations or, as the case may be, paragraph 1(a)(i) or paragraph 5 of Schedule 1 to the Housing Benefit (State Pension Credit) Regulations"
(iv) in the full out words, for the words "and in regulation 11 of the Housing Benefit Regulations", substitute "and (as the case may be) in regulation 13 of the Housing Benefit Regulations or regulation 13 of the Housing Benefit (State Pension Credit) Regulations".
(11) In Schedule 4A[76] (rent rebate limitation deductions (housing revenue account dwellings) in paragraph 1—
Amendment of the New Deal Orders
14.
—(1) In the Schedule (list of subordinate legislation) to each of the Orders specified in sub-paragraph (2)—
(2) Those Orders are—
Amendment of the Social Security Commissioners (Procedure) Regulations 1999
15.
In regulation 33(3) of the Social Security Commissioners (Procedure) Regulations 1999[82], for "regulation 71(2) to (6) of the Housing Benefit (General) Regulations 1987 and regulation 61(2) to (6) of the Council Tax Benefit (General) Regulations 1992", substitute "regulation 82(2) to (6) of the Housing Benefit Regulations 2006, regulation 63(2) to (6) of the Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 2006, regulation 68(2) to (6) of the Council Tax Benefit Regulations 2006 and regulation 52(2) to (6) of the Council Tax Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 2006".
Amendment of the Home Energy Efficiency Schemes (Wales) Regulations 2000
16.
In regulation 5(5)(e) of the Home Energy Efficiency Schemes (Wales) Regulations 2000[83] (persons who may apply for a grant), for "the Council Tax Benefit (General) Regulations 1992, the Housing Benefit (General) Regulations 1987", substitute "the Council Tax Benefit Regulations 2006, the Council Tax Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 2006, the Housing Benefit Regulations 2006 and the Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 2006."
Amendment of the Housing Benefit and Council Tax Benefit (Decisions and Appeals) Regulations 2001
17.
—(1) The Housing Benefit and Council Tax Benefit (Decisions and Appeals) Regulations 2001[84] shall be amended in accordance with the provisions of this paragraph.
(2) In regulation 1(2) (interpretation)—
(3) In regulation 3 (person treated as a person affected by a decision), in paragraph (1)—
(e) a landlord or agent acting on behalf of that landlord and that decision is made under—
(b) in regulation 7 (decisions superseding earlier decisions)—
(c) in regulation 8 (date from which a decision superseding an earlier decision takes effect)—
as the case may be.";
(d) in regulation 13(2)(c) for the words "regulation 73 of the Housing Benefit Regulations or regulation 63 of the Council Tax Benefit Regulations", substitute "regulation 86 of the Housing Benefit Regulations, regulation 67 of the Housing Benefit (State Pension Credit) Regulations, regulation 72 of the Council Tax Benefit Regulations or regulation 57 of the Council Tax Benefit (State Pension Credit) Regulations"; and
(e) in the Schedule—
Amendment of the Discretionary Financial Assistance Regulations 2001
18.
—(1) The Discretionary Financial Assistance Regulations 2001[95] shall be amended in accordance with the provisions of this paragraph.
(2) For regulation 1(2), substitute—
(3) In regulation 3(a) (circumstances in which discretionary housing payments may be made) for "Schedule 1 to the Housing Benefit Regulations", substitute "Schedule 1 to the Housing Benefit Regulations or Schedule 1 to the Housing Benefit (State Pension Credit) Regulations".
(4) In regulation 4, for paragraph (a) (limit on the amount of the discretionary housing payment that may be made), substitute—
Amendment of the Social Security (Change of Circumstances) Regulations 2001
19.
Regulation 4 (change affecting housing benefit or council tax benefit) of the Social Security (Change of Circumstances) Regulations 2001[96] shall be amended as follows—
Amendment of the Social Security (Loss of Benefit) Regulations 2001
20.
—(1) The Social Security (Loss of Benefit) Regulations 2001[97] shall be amended in accordance with the provisions of this paragraph.
(2) In regulation 1(2) (citation, commencement and interpretation)—
(3) In regulation 17 (circumstances where a reduced amount of housing benefit and council tax benefit is payable)—
Amendment of the Social Security (Jobcentre Plus Interviews) Regulations 2002
21.
In regulation 2(2) of the Social Security (Jobcentre Plus Interviews) Regulations 2002[98], for "regulation 4 of the Housing Benefit (General) Regulations 1987", substitute "regulation 6 of the Housing Benefit Regulations 2006".
Amendment of the Working Tax Credit (Entitlement and Maximum Rate) Regulations 2002
22.
—(1) The Working Tax Credit (Entitlement and Maximum Rate) Regulations 2002[99] shall be amended in accordance with the provisions of this paragraph.
(2) In regulation 9(3)—
(3) In regulation 13(5) (entitlement to child care element of working tax credit)—
Amendment of the Local Authorities (Charges for Specified Welfare Services) (England) Regulations 2003
23.
In regulation 1(2) of the Local Authorities (Charges for Specified Welfare Services) (England) Regulations 2003[102], in the definition of "rent free period", for "regulation 70 of the Housing Benefit (General) Regulations 1987", substitute "regulation 81 of the Housing Benefit Regulations 2006".
Amendment of the Council Tax and Non-Domestic Rating (Demand Notices) (England) Regulations 2003
24.
For paragraph 9(c) of Schedule 1 to the Council Tax and Non-Domestic Rating (Demand Notices) (England) Regulations 2003[103] substitute—
Amendment of the Home Energy Efficiency Scheme (England) Regulations 2005
25.
In regulation 4(3)(d) of the Home Energy Efficiency Scheme (England) Regulations 2005[104], for "the Council Tax Benefit (General) Regulations 1992, the Housing Benefit (General) Regulations 1987", substitute "the Housing Benefit Regulations 2006, the Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 2006, the Council Tax Benefit Regulations 2006, the Council Tax Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 2006".
Amendment of the Displaced Persons (Temporary Protection) Regulations 2005
26.
In regulation 14 of the Displaced Persons (Temporary Protection) Regulations 2005[105], for "regulation 10(1)(a) of the Housing Benefit (General) Regulations 1987", substitute "14(1)(a) of the Housing Benefit Regulations 2006, regulation 12(1)(a) of the Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 2006".
Amendment of the Housing Benefit and Council Tax Benefit (Miscellaneous Amendments) (No.3) Regulations 2005
27.
—(1) The Housing Benefit and Council Tax Benefit (Miscellaneous Amendments) (No.3) Regulations 2005[106] shall be amended in accordance with the following provisions of this paragraph.
(2) Regulation 2 (which makes amendments relating to housing benefit) shall be amended in accordance with paragraphs (3) to (18).
(3) For paragraphs (1) and (2), substitute—
(4) In paragraph (3), for the words "regulation 16", substitute "regulation 22 of the Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 2006".
(5) In paragraph (4), for the words "regulation 18", substitute "regulation 24 of the Housing Benefit Regulations 2006".
(6) In paragraph (5), for the words “In regulation 21A(4)(c) (treatment of child care charges) for the words "within the meaning of regulation 18(2) (patients)"“, substitute “In 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)"“.
(7) In paragraph (7)—
(8) In paragraph (8)—
(9) In paragraph (9)—
(10) In paragraph (10)—
(e) in sub-paragraph (d), for heads (i) and (ii), substitute—
(f) in sub-paragraph (e), in the substituted paragraph (4), for the words "paragraph (13)", substitute "paragraph (8)"; and
(g) in sub-paragraph (f)—
(11) For paragraph (11), substitute—
(12) In paragraph (12)—
(d) in sub-paragraph (a)(ii), in the substituted paragraphs (b) and (c), for the words "paragraph (5)", substitute "paragraph (4)";
(e) for sub-paragraph (b), substitute—
(f) in sub-paragraph (c)—
(iv) in the substituted paragraph (4), there shall be substituted, in the Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 2006—
(g) for sub-paragraph (d), substitute—
(h) for sub-paragraph (e), substitute—
(i) in sub-paragraph (f)—
(13) In paragraph (13)—
(d) for sub-paragraph (b), there shall be substituted, in its application to the Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 2006—
(14) In paragraph (14), for the words "regulation 75(6)", there shall be substituted "regulation 69(7) of the Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 2006".
(15) In paragraph (15)—
(c) for sub-paragraph (b), substitute—
(16) In paragraph (16), for the words "paragraph 8(1)(f) of Schedule 5", substitute "paragraph 9(1)(e) of Schedule 6 to the Housing Benefit Regulations 2006".
(17) In paragraph (17)—
(18) In paragraph (18), for the words "paragraph 9(2)(b) of Schedule 6" substitute "paragraph 9(2)(b) of Schedule 8 to the Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 2006".
(19) Regulation 3 (which makes amendments relating to council tax benefit) shall be amended in accordance with paragraphs (20) to (31).
(20) For paragraphs (1) and (2), substitute—
(21) In paragraph (3)—
(22) In paragraph (4), for the words "Regulation 10", substitute "Regulation 14 of the Council Tax Benefit Regulations 2006".
(23) In paragraph (5), for the words "regulation 13A(4)(c)", substitute "regulation 18(11)(e) of the Council Tax Benefit Regulations 2006".
(24) In paragraph (7)—
(25) Paragraph (8) shall be omitted.
(26) In paragraph (9), for the words "regulation 65(7)", substitute "regulation 59(8) of the Council Tax Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 2006".
(27) For paragraph (11), substitute—
(b) in paragraph 15(2)—
(28) In paragraph (12)—
(29) In paragraph (13), for the words "paragraph 8(1)(g) of Schedule 5", substitute "paragraph 9(1)(e) of Schedule 5 to the Council Tax Benefit Regulations 2006".
(30) In paragraph (14)—
(31) In paragraph (15), for the words "Schedule 6", substitute "Schedule 7 to the Council Tax Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 2006".
Amendment of the Social Security (Miscellaneous Amendments) (No.2) Regulations 2005
28.
—(1) The Social Security (Miscellaneous Amendments) (No. 2) Regulations 2005[107] shall be amended in accordance with the following provisions of this paragraph.
(2) In regulation 4, paragraphs (2) to (4) are revoked.
(3) After regulation 4, insert—
(4) In regulation 5, paragraphs (2) to (4) are revoked.
(5) After regulation 5, insert—
(b) omit paragraph (2);
(c) in paragraphs (6) and (7), omit ", (2)".".
(6) Regulation 4A, as inserted by sub-paragraph (3) above, shall come into force—
(7) Regulation 5A, as inserted by sub-paragraph (5) above, shall come into force—
Amendment of the Housing Benefit and Council Tax Benefit (General) Amendment Regulations 2005
29.
—(1) The Housing Benefit and Council Tax Benefit (General) Amendment Regulations 2005[108] shall be amended in accordance with the following provisions of this paragraph.
(2) For regulation 1(2), substitute—
(3) In regulation 2, for the words "In regulation 98 of the Housing Benefit Regulations", substitute "In both regulation 99 of the Housing Benefit Regulations and regulation 80 of the Housing Benefit (State Pension Credit) Regulations,".
(4) In regulation 3, for the words "In regulation 83 of the Council Tax Benefit Regulations", substitute "In both regulation 82 of the Council Tax Benefit Regulations and regulation 67 of the Council Tax Benefit (State Pension Credit) Regulations,".
(5) In regulation 4—
(6) In regulation 5, for the words "In regulation 84(5) of the Council Tax Benefit Regulations", substitute "In both regulation 83(5) of the Council Tax Benefit Regulations and regulation 68(5) of the Council Tax Benefit (State Pension Credit) Regulations".
(7) In regulation 6—
(e) after paragraph (4) insert—
(8) In regulation 7—
(9) In regulation 8, for the words "In regulation 104(1)(c) of the Housing Benefit Regulations", substitute "In both regulation 104(1)(c) of the Housing Benefit Regulations and regulation 85(1)(c) of the Housing Benefit (State Pension Credit) Regulations".
(10) In regulation 9 for the words "In regulation 105 of the Housing Benefit Regulations", substitute "In both regulation 105 of the Housing Benefit Regulations and regulation 86 of the Housing Benefit (State Pension Credit) Regulations".
(11) In regulation 10, for the words "In regulation 91(1)(b) of the Council Tax Benefit Regulations", substitute "In both regulation 90(1)(b) of the Council Tax Benefit Regulations and regulation 75(1)(b) of the Council Tax Benefit (State Pension Credit) Regulations".
Amendment of the Social Security (Hospital In-patients) Regulations 2005
30.
—(1) For regulation 5 of the Social Security (Hospital In-Patients) Regulations 2005[109], substitute—
Amendment of the National Council for Education and Training for Wales (Transfer of Functions to the National Assembly for Wales and Abolition) Order 2005
31.
For paragraphs 2 and 3 of Schedule 2 of the National Council for Education and Training for Wales (Transfer of Functions to the National Assembly and Abolition) Order 2005[110], substitute—
Persons incapable of work
2.
—(1) Where, on 12th April 1995, the disability premium was applicable to a claimant by virtue of paragraph 12(1)(b) of Schedule 2 to the 1987 Regulations or paragraph 13(1)(b) of Schedule 1 to the 1992 Regulations, as in force on that date, the disability premium shall continue to be applicable to that claimant from 13th April 1995 and for so long as he is incapable of work in accordance with the provisions of, and regulations made under, Part 12A of the Act (incapacity for work).
(2) Where, on 12th April 1995, the disability premium was applicable to a claimant and in the period from 13th April 1995 to 1st October 1995 paragraph (1) either did not apply or ceased to apply in his case, if—
with effect from 2nd October 1995 for so long as he is incapable of work or is treated as incapable of work, the disability premium shall be applicable in his case.
(3) Paragraphs (1) and (2) shall not apply to a claimant who ceases to be incapable of work or ceases to be treated as incapable of work in accordance with the provisions of, and regulations made under, Part 12A of the Act (incapacity for work) for a period of more than 56 continuous days.
(4) Where, in any period immediately preceding 13th April 1995, the circumstances mentioned in paragraph 12(6) of Schedule 2 to the 1987 Regulations, or paragraph 13(6) of Schedule 1 to the 1992 Regulations, as in force on 12th April 1995, applied to a claimant to whom the disability premium was not applicable, that claimant shall be treated for the purposes of—
as if he had been incapable of work in accordance with the provisions of, and regulations made under, Part 12A of the Act (incapacity for work) throughout that period.
3.
—(1) Where the higher pensioner premium was applicable to a claimant on, or at any time during the 56 days immediately preceding, 12th April 1995 by virtue of paragraph 13(1)(a)(ii) of Schedule 2 to the 1987 Regulations[111], or paragraph 13(1)(a)(ii) of Schedule 1 to the 1992 Regulations[112], as in force on that date, paragraph 13 of each of the Schedules specified in sub-paragraph (2) shall, in so far as it applies to those claimants, apply subject to the amendments specified in sub-paragraph (3).
(2) Those Schedules (which all relate to the applicable amount) are—
(3) The amendments specified in this sub-paragraph are—
(d) in sub-paragraph (3), for the words "or to be incapable of work", substitute "for the purposes of the provisions specified in that provision";
(e) for sub-paragraphs (6) and (7), substitute—
Eligible rent
4.
—(1) Subject to the following provisions of this paragraph, the eligible rent of a person—
shall be determined in accordance with—
as set out in paragraph 5.
(2) Sub-paragraph (1)(a)shall not apply to—
(3) Sub-paragraph (1)(a) shall only apply in a case where—
(b) the person—
(4) This sub-paragraph applies in the case of a person ("the claimant") who becomes, or whose partner becomes, a welfare to work beneficiary, and—
(c) the first day of that entitlement is within 52 weeks of the claimant or his partner becoming a welfare to work beneficiary.
(5) A person shall be deemed to fulfil the requirements of sub-paragraphs (1)(a) and (3), where—
(6) The requirements of this sub-paragraph are that the person was, on the relevant date—
(7) The requirements of this sub-paragraph are that a claim for housing benefit is made within 4 weeks of the relevant date and where such a claim is made it shall be treated as having been made on the relevant date.
(8) The eligible rent of a person to whom—
apply, shall be determined in accordance with—
as set out in paragraph 5.
(9) Sub-paragraphs (1) to (8) above shall continue to have effect in the case of a claimant who has ceased to be a welfare to work beneficiary or whose partner has ceased to be such a beneficiary where the claimant is entitled to housing benefit at the end of the 52 week period to which sub-paragraph (4)(c) refers.
(10) In this paragraph—
and, in this paragraph, a reference to a person occupying a dwelling as his home shall be taken to include a person who is treated as occupying a dwelling as his home by virtue of regulation 7 of the Housing Benefit Regulations or, as the case may be, regulation 7 of the Housing Benefit (State Pension Credit) Regulations;
as the case may be;
5.
—(1) For the purposes of paragraph 4(1), regulation 12 of both the Housing Benefit Regulations and the Housing Benefit (State Pension Credit) Regulations is as follows—
(2) A rent rebate or, as the case may be, a rent allowance shall not be payable in respect of the following periodical payments—
(3) Subject to any apportionment in accordance with paragraphs (4) and (5) and to regulations 13 and 13ZA (restrictions on unreasonable payments and rent increases), the amount of a person's eligible rent shall be the aggregate of such payments specified in paragraph (1) as he is liable to pay less—
(4) Where the payments specified in paragraph (1) are payable in respect of accommodation which consists partly of residential accommodation and partly of other accommodation, only such proportion thereof as is referable to the residential accommodation shall count as eligible rent for the purposes of these Regulations.
(5) Where more than one person is liable to make payments in respect of a dwelling, the payments specified in paragraph (1) shall be apportioned for the purpose of calculating the eligible rent for each such person having regard to all the circumstances, in particular, the number of such persons and the proportion of rent paid by each such person.
(6) The amount of the deduction referred to in paragraph (3) shall be—
(7) In this regulation and Schedule 1—
(2) For the purposes of paragraph 4(1), regulation 13 of both the Housing Benefit Regulations and the Housing Benefit (State Pension Credit) Regulations is as follows—
and, where it appears to the authority that the dwelling is larger than is reasonably required or that the rent is unreasonably high, the authority shall, subject to paragraphs (4) to (7), treat the claimant's eligible rent, as reduced by such amount as it considers appropriate having regard in particular to the cost of suitable alternative accommodation elsewhere and the claimant's maximum housing benefit shall be calculated by reference to the eligible rent as so reduced.
(4) If any person to whom paragraph (10) applies—
no deduction shall be made under paragraph (3) unless suitable cheaper alternative accommodation is available and the authority considers that, taking into account the relevant factors, it is reasonable to expect the claimant to move from his present accommodation.
(5) No deduction shall be made under paragraph (3) for a period of 12 months from the date of death of any person to whom paragraph (10) applied or, had a claim been made, would have applied, if the dwelling which the claimant occupies is the same as that occupied by him at that date except where the deduction began before the death occurred.
(6) For the purposes of paragraph (5), a claimant shall be treated as occupying the dwelling if paragraph (13) of regulation 7 (circumstances in which a person is to be treated as occupying a dwelling) is satisfied and for that purpose sub-paragraph (b) of that paragraph shall be treated as if it were omitted.
(7) Without prejudice to the operation of paragraph (4), but subject to paragraph (8), where the relevant authority is satisfied that a person to whom paragraph (10) applies was able to meet the financial commitments for his dwelling when they were entered into, no deduction shall be made under paragraph (3) during the first 13 benefit weeks of the claimant's award of housing benefit.
(8) Paragraph (7) shall not apply where a claimant was previously entitled to benefit in respect of an award of housing benefit which fell wholly or partly less than 52 weeks before the commencement of his current award of housing benefit.
(9) For the purposes of this regulation—
(10) This paragraph applies to the following persons—
(11) Paragraph (10)(d) shall only apply to a relative who has no separate right of occupation of the dwelling which would enable him to continue to occupy it even if the claimant ceased his occupation of it."
(3) For the purposes of regulation 12(3) of both the Housing Benefit Regulations and the Housing Benefit (State Pension Credit) Regulations, as inserted by paragraph (2) above, regulation 13ZA of both those Regulations is as follows—
treat the eligible rent as reduced either by the full amount of the increase or, if it considers that a lesser increase was reasonable in all the circumstances, by the difference between the full amount of the increase and the increase that is reasonable having regard in particular to the level of increases for suitable alternative accommodation, and the claimant's maximum housing benefit shall be calculated by reference to the eligible rent as so reduced.
(2) No deduction shall be made under this regulation for a period of 12 months from the date of death of any person to whom paragraph (11) of regulation 13 (restrictions on unreasonable payments) applied or, had a claim been made, would have applied, if the dwelling which the claimant occupies is the same as that occupied by him at that date except where the deduction began before the death occurred.
(3) For the purposes of paragraph (2), a claimant shall be treated as occupying the dwelling if paragraph (13) of regulation 7 (circumstances in which a person is to be treated as occupying a dwelling) is satisfied and for that purpose sub-paragraph (b) of that paragraph shall be treated as if it were omitted."
Persons from abroad
6.
—(1) Where, immediately before the coming into force of the Consolidating Regulations, a person is entitled to council tax benefit or, as the case may be, housing benefit, by virtue of regulation 12(1) of the Social Security (Persons From Abroad) Miscellaneous Amendments Regulations 1996[130] ("the 1996 Regulations"), the modifications specified in relation to council tax benefit in paragraph (2) or, as the case may be, in relation to housing benefit in paragraph (3), shall continue to have effect both as regards that person and as regards persons who are members of his family on 5th February 1996.
(2) The modifications specified in this paragraph are that for regulation 7 of both the Council Tax Benefit Regulations and the Council Tax Benefit (State Pension Credit) Regulations there shall be substituted—
during that limited leave.
(3) Subject to paragraph (7) this paragraph applies to a person who—
(4) In paragraph (1) "person from abroad" also means any person other than a person to whom paragraph (6) applies who—
(5) Subject to paragraph (7) this paragraph applies to a person who, having, during any one period of limited leave (including any such period as extended), supported himself without recourse to public funds other than any such recourse by reason of the previous application of this sub-paragraph, is temporarily without funds during that period of leave because remittances to him from abroad have been disrupted, provided that there is a reasonable expectation that his supply of funds will be resumed.
(6) This paragraph applies to a person who—
(b) is awaiting the outcome of an appeal under Part 2 of the 1971 Act (including any period for which the appeal is treated as pending under section 33(4) of that Act); or
(c) has no or no further right of appeal under the 1971 Act but has been allowed to remain in the United Kingdom while an application so to remain is, or representations on his behalf are, being considered by the Secretary of State; or
(d) except where he is a person to whom paragraph (4)(b) applies, has been granted permission to remain in the United Kingdom pending the removal from the United Kingdom of a person who is the subject of a deportation order but whose deportation has been deferred in writing by the Secretary of State; or
(e) is subject to a direction for his removal from the United Kingdom but whose removal has been deferred in writing by the Secretary of State; or
(f) is in receipt of income support.
(7) Paragraphs (3)(b) and (5) shall not apply to a person who has been temporarily without funds for any period, or the aggregate of any periods, exceeding 42 days during any one period of limited leave (including any such period as extended).
(8) In this regulation—
(3) The modifications specified in this paragraph are that for regulation 10 of both the Housing Benefit Regulations and the Housing Benefit (State Pension Credit) Regulations, there shall be substituted—
during that limited leave.
(3) Subject to paragraph (7) this paragraph applies to a person who—
(4) In paragraph (1) "person from abroad" also means any person other than a person to whom paragraph (6) applies who—
(5) Subject to paragraph (7) this paragraph applies to a person who, having, during any one period of limited leave (including any such period as extended), supported himself without recourse to public funds other than any such recourse by reason of the previous application of this sub-paragraph, is temporarily without funds during that period of leave because remittances to him from abroad have been disrupted, provided that there is a reasonable expectation that his supply of funds will be resumed.
(6) This paragraph applies to a person who—
(b) is awaiting the outcome of an appeal under Part 2 of the 1971 Act (including any period for which the appeal is treated as pending under section 33(4) of that Act); or
(c) has no or no further right of appeal under the 1971 Act but has been allowed to remain in the United Kingdom while an application so to remain is, or representations on his behalf are, being considered by the Secretary of State; or
(d) except where he is a person to whom paragraph (4)(b) applies, has been granted permission to remain in the United Kingdom pending the removal from the United Kingdom of a person who is the subject of a deportation order but whose deportation has been deferred in writing by the Secretary of State; or
(e) is subject to a direction for his removal from the United Kingdom but whose removal has been deferred in writing by the Secretary of State; or
(f) is in receipt of income support.
(7) Paragraphs (3)(b) and (5) shall not apply to a person who has been temporarily without funds for any period, or the aggregate of any periods, exceeding 42 days during any one period of limited leave (including any such period as extended).
(8) In this regulation—
(4) Where, immediately before the coming into force of the Consolidating Regulations, a person is entitled to council tax benefit or, as the case may be, housing benefit, by virtue of regulation 12(2) of the Social Security (Persons From Abroad) Miscellaneous Amendments Regulations 1996[134]—
(5) Sub-paragraph (6) applies where a person—
(6) Where this sub-paragraph applies—
(b) the Housing Benefit Regulations and the Housing Benefit (State Pension Credit) Regulations shall both have effect as if in regulation 10 (persons from abroad)—
(7) The provisions saved by sub-paragraph (6) shall continue to have effect until the date on which entitlement to a specified benefit for the purposes of sub-paragraph (5) ceases, and if there is more than one such specified benefit, until the last date on which such entitlement ceases.
(8) In sub-paragraphs (5) and (7), "specified benefit" means income support, housing benefit, council tax benefit, jobseeker's allowance and state pension credit.
(9) In regulation 12 of the 1996 Regulations—
(10) For the purposes of—
a person who is an asylum seeker within the meaning of sub-paragraph (11) who has not ceased to be an asylum seeker by virtue of sub-paragraph (12), is not a person from abroad within the meaning of paragraph (1) of those regulations.
(11) An asylum seeker within the meaning of this paragraph is a person who—
(12) A person ceases to be an asylum seeker for the purposes of this paragraph when his claim for asylum is recorded by the Secretary of State as having been decided (other than on appeal) or abandoned.
(13) In paragraph (11) "the Common Travel Area" means the United Kingdom, the Channel Islands, the Isle of Man and the Republic of Ireland collectively and "the Convention" means the Convention relating to the Status of Refugees done at Geneva on 28th July 1951 as extended by Article 2(1) of the Protocol relating to the Status of Refugees done at New York on 31st January 1967.
Frequency of payment of rent allowance
7.
—(1) The regulations specified in sub-paragraphs (3) to (5) shall apply in accordance with the amendments so specified where the claimant—
(2) In this regulation, "claimant" includes the deceased partner of a claimant in any case where a claim is made by the surviving partner within 4 weeks of the death, provided that this regulation or regulation 11 of the Housing Benefit (General) Amendment Regulations 1996 applied to that deceased on the day of his death.
(3) Regulation 91 of the Housing Benefit Regulations shall have effect as if, in paragraph (3), for the words "Subject to regulations 92 to 97 (frequency of payment of and payment on account of rent allowance, payment provisions)," there are substituted the words "Subject to regulations 93 to 97 (payment on account of rent allowance, payment provisions)".
(4) Regulation 72 of the Housing Benefit (State Pension Credit) Regulations shall have effect as if, in paragraph (3), for the words "Subject to regulations 73 to 78 (frequency of payment of and payment on account of rent allowance, payment provisions)," there are substituted the words "Subject to regulations 74 to 78 (payment on account of rent allowance, payment provisions)".
(5) Regulation 92 of the Housing Benefit Regulations and regulation 73 of the Housing Benefit (State Pension Credit) Regulations (frequency of payment of a rent allowance) shall both have effect as if—
Local reference rent taper
8.
—(1) Regulation 13 of both the Housing Benefit Regulations and the Housing Benefit (State Pension Credit) Regulations (maximum rent) shall have effect in the case of a claimant to whom any of sub-paragraphs (3) to (6) applies subject to the amendments specified in sub-paragraph (2).
(2) The amendments of regulation 13 are—
(3) This sub-paragraph applies to a claimant who has been continuously entitled to and in receipt of housing benefit—
(4) Sub-paragraph (3) above shall continue to have effect in the case of a person who has ceased to be a welfare to work beneficiary or whose partner has ceased to be such a beneficiary where the person is entitled to housing benefit at the end of the 52 week period to which sub-paragraph (5) refers.
(5) This sub-paragraph applies in the case of a person—
(6) In this paragraph, "welfare to work beneficiary" means a person to whom regulation 13A(1) of the Social Security (Incapacity for Work) (General) Regulations 1995[140] applies.
Care homes
9.
—(1) In regulation 2(1) of both the Housing Benefit Regulations and the Housing Benefit (State Pension Credit) Regulations there shall be inserted in the appropriate place—
(2) Sub-paragraph (3) shall apply to a person who, on 3rd October 2005 was a person to whom paragraph (2) of regulation 7 of the 1987 Regulations as in force on that date applied.
(3) Where this paragraph applies—
(b) regulation 52 of the Housing Benefit Regulations shall have effect as if—
(4) Sub-paragraph (5) shall apply to a person who, on 3rd October 2005, was a person to whom paragraph (5) of regulation 7 of the 1987 Regulations as in force on that date applied.
(5) Where this paragraph applies—
(6) In the case of a person to whom this paragraph applies, regulation 9 of these Regulations shall continue to apply to him as if the amendments to the 1987 Regulations specified in regulation 5(2) of the Social Security Benefits (Amendments Consequential Upon the Introduction of Community Care) Regulations 1992[141] had not been made.
(7) Subject to paragraph (8), where on 1st April 1993 paragraph (6) applies to a person that paragraph shall cease to apply to him—
(8) For the purposes of paragraph (7), any absence shall be disregarded during which the person is treated as occupying the accommodation as his home pursuant to regulation 7(12), (13) or (17) of these Regulations.
(9) Where a person—
that paragraph shall not apply to him in the case of any subsequent claim for housing benefit.";
(6) Sub-paragraph (7) shall apply to a person who, on 3rd October 2005, was a person to whom paragraph (7) of regulation 7 of the 1987 Regulations as in force on that date applied.
(7) Where this paragraph applies—
(6) In the case of a person to whom this paragraph applies, paragraph (4), as substituted by paragraph 9(7)(a)(i) of Schedule 3 to the Consequential Provisions Regulations, shall apply as if sub-paragraph (a) of the substituted paragraph was omitted.
(7) Subject to paragraph (8), where on 1st April 1993 paragraph (6) applies to a person that paragraph shall cease to apply to him—
(8) For the purposes of paragraph (7), any absence shall be disregarded during which the person is treated as occupying the accommodation as his home pursuant to regulation 7(12), (13) or (17) of these Regulations.
(9) Where a person—
that paragraph shall not apply to him in the case of any subsequent claim for housing benefit.
(10) Where on 31st March 1993 a person occupies or is treated as occupying an establishment mentioned in paragraph (5)(a) and on a day subsequent to that date the establishment—
then on that day and on any day thereafter paragraph (9) shall not apply to that person.
(11) In this regulation, "small home" has the same meaning as it had in Part 1 of the Registered Homes Act 1984[144] by virtue of section 1(4A) of that Act.".
then the paragraph of this Schedule mentioned in column 2 of the Table opposite that provision shall have effect until the appointed day.
TABLE
Provision | Paragraph of this Schedule |
Section 12(2)(e) of the Asylum and Immigration (Treatment of Claimants, etc.) Act 2004[145]. | Paragraph 2 |
Section 12(2)(g) of the Asylum and Immigration (Treatment of Claimants, etc.) Act 2004. | Paragraph 3 |
Section 12(3) of the Asylum and Immigration (Treatment of Claimants, etc.) Act 2004. | Paragraph 4 |
(2) Any housing benefit which is payable in consequence of this regulation shall be in the form of a rent allowance.
(3) In this regulation and in Schedule A1, "refugee" means a person recorded by the Secretary of State as a refugee within the definition in Article 1 of the Convention relating to the Status of Refugees[146].".
(2) Before Schedule 1 to both the Housing Benefit Regulations and the Housing Benefit (State Pension Credit) Regulations, insert, subject to sub-paragraph (3)—
his claim for housing benefit shall be treated as having been made on the date specified in sub-paragraph (2).
(2) A claim for housing benefit to which sub-paragraph (1) refers shall be treated as made on the date on which his claim for asylum was recorded by the Secretary of State as having been made.
(3) In this Schedule "the relevant period" means the period or any part of the period, from the date on which the claim for benefit is treated as made in accordance with sub-paragraph (2), to the date the claimant concerned is notified by the Secretary of State that he has been recorded as a refugee, for which housing benefit is claimed in accordance with this paragraph.
Relevant authority to whom a claim for housing benefit by a refugee shall be made and time for making a claim
2.
—(1) A claim for housing benefit made by a refugee on or after 3rd April 2000 for the relevant period may be made to the relevant authority for the area in which the dwelling which the claimant occupied as his home was situate and in respect of which he was liable to make payments.
(2) Where the claimant has occupied more than one dwelling as his home in the relevant period, only one claim for housing benefit shall be made in respect of that period and such a claim shall be made to the authority for the area in which the dwelling occupied by the refugee is situate and in respect of which he was liable to make payments when, after he is notified that he has been recorded by the Secretary of State as a refugee, he makes a claim for housing benefit.
(3) The relevant authority to which a claim for housing benefit is made in accordance with this paragraph, shall determine the claimant's entitlement to that benefit for the whole of the relevant period.
(4) A claim for housing benefit to which this paragraph refers, shall be made within 28 days of a claimant receiving notification from the Secretary of State that he has been recorded as a refugee.
(5) Regulation 83(12) of these Regulations (backdating of claims) shall not have effect with respect to claims to which this Schedule applies.
Eligible rent
3.
—(1) Subject to sub-paragraph (2), for the purpose of determining a claimant's eligible rent—
(2) In determining a claimant's eligible rent for the relevant period, the relevant authority may have regard to information in their possession or which they may obtain, as to the level of rents which had effect in that period in respect of any area in which the claimant occupied a dwelling as his home and in respect of which his claim for housing benefit is made.
Applicable amounts
4.
With respect to a claim for housing benefit under this Schedule, the applicable amounts for the purposes of Part 5 shall be the aggregate of any personal allowance and premium which would have been applicable in the claimant's case in the relevant period at the rates for each tax year to which the claim relates set by an Order made under section 150 of the Administration Act (annual up-rating of benefits).
Evidence and information
5.
—(1) A claimant who makes a claim for housing benefit for the relevant period shall furnish such certificates, documents, information and evidence in connection with the claim, or evidence needed for the determination of the claim or any questions arising in connection with the claim, as may be reasonably required by the relevant authority in order to determine that person's entitlement to that benefit and which are in his possession or which he may reasonably be expected to obtain.
(2) The relevant authority may require information to be provided by—
in particular as to the amount of any such rent and any service charges which were included in the rent.
(3) Where the claimant is unable to furnish the necessary evidence to substantiate his claim the authority shall determine the claim on the basis of the evidence that is produced, including any statements made by the claimant himself, any information provided by a landlord under sub-paragraph (2) or by any other person.
(4) Where the claimant has resided in the areas of two or more local authorities in Great Britain in the relevant period, the relevant authority to which the claim for housing benefit is made may require any such other authority in whose area the claimant has resided, to provide such information as the relevant authority may reasonably require in connection with the exercise of its functions under regulation 10A and this Schedule and such other authority shall provide the necessary information within 14 days of receiving the request for the information concerned or such longer period as is reasonable in that case.
Changes of circumstances
6.
With respect to claims for housing benefit to which paragraph 1 above applies, for paragraph (1) of regulation 88 (duty to notify changes of circumstances) there shall be substituted the following paragraph—
Calculation of amount of benefit
7.
The appropriate maximum housing benefit to which a claimant is entitled under regulation 10A and this Schedule shall be calculated on a weekly basis in accordance with Part 8 as it had effect for the relevant period.
Payments
8.
—(1) Subject to sub-paragraph (5), where it is determined that the claimant is entitled to housing benefit in accordance with regulation 10A and this Schedule, payment of the amount due shall be made within 14 days of the date of that determination.
(2) The relevant authority in respect of a claim to which this Schedule applies is made, shall be solely responsible for the payment of any housing benefit to which the claimant is entitled for the relevant period.
(3) Regulation 93 (payment on account of a rent allowance) shall not have effect with respect to any payment to which a claimant is entitled under regulation 10.
(4) Regulations 95 and 96 (circumstances in which payment of benefit will be made to a landlord) shall not have effect with respect to a payment to which this Schedule applies but where—
any benefit to which the claimant is entitled under regulation 10A and this Schedule up to the amount of the eligible rent that is due, may be paid direct to the landlord concerned in respect of that rent.
(5) Where a claimant was the tenant of a housing or local authority for the whole or part of the relevant period, to the extent that any eligible rent remains due to the authority concerned in respect of the whole or part of that period, any housing benefit to which the claimant is entitled under regulation 10A and this Schedule shall—
and any balance of benefit remaining due in respect of that period shall be paid to the claimant.
Offsets
9.
Any housing benefit which has otherwise been paid to the claimant or any partner of his, in respect of any part of the relevant period, shall be offset against any award due to the claimant by virtue of regulation 10A and this Schedule, except to the extent that the benefit paid or allowed to that partner was due in respect of a period for which he was not a partner of the claimant.
Matters to be included in the decision notice
10.
Parts 1 to 3, 5 and 6 of Schedule 9 (matters to be included in the decision notice) shall apply with respect to claims made in accordance with regulation 10A.".
(3) In its application to the Housing Benefit (State Pension Credit) Regulations, Schedule A1 shall have effect as if—
(4) For paragraph 51 of Schedule 5 to the Housing Benefit Regulations, substitute—
(5) After paragraph 55 of Schedule 5 to the Housing Benefit Regulations insert—
(6) After paragraph 48 of Schedule 6 to the Housing Benefit Regulations insert—
Refugees – council tax benefit
3.
—(1) After regulation 7 of both the Council Tax Benefit Regulations and the Council Tax Benefit (State Pension Credit) Regulations, insert—
(2) Before Schedule 1 to both the Council Tax Benefit Regulations and the Council Tax Benefit (State Pension Credit) Regulations, insert, subject to sub-paragraph (3)—
his claim for council tax shall be treated as having been made on the dates specified in sub-paragraph (2).
(2) A claim for council tax benefit to which sub-paragraph (1) refers shall be treated as made on the date on which his claim for asylum was recorded by the Secretary of State as having been made.
(3) In this Schedule "the relevant period" means the period or any part of the period from the date on which the claim for benefit is treated as made, in accordance with subparagraph (2), to the date the claimant concerned is notified by the Secretary of State that he has been recorded as a refugee, for which council tax benefit is claimed in accordance with this paragraph.
(3) In its application to the Council Tax Benefit (State Pension Credit) Regulations, Schedule A1 shall have effect as if—
(4) For paragraph 37 of Schedule 4 to the Council Tax Benefit Regulations, substitute—
(5) After paragraph 56 of Schedule 4 to the Council Tax Benefit Regulations, insert—
(6) After paragraph 53 of Schedule 5 to the Council Tax Benefit Regulations, insert—
Persons from abroad
4.
—(1) Sub-paragraphs (2) to (5) apply where, in relation to a claim for income support, a social fund payment, housing benefit or council tax benefit, as the case may be, a person has submitted a claim for asylum on or before 2nd April 2000 and is notified that he has been recorded by the Secretary of State as a refugee within the definition in Article 1 of the Convention relating to the Status of Refugees done at Geneva on 28th July 1951 as extended by Article 1(2) of the Protocol relating to the Status of Refugees done at New York on 31st January 1967.
(2) Where this paragraph applies, the Housing Benefit Regulations and the Housing Benefit (State Pension Credit) Regulations shall have effect, subject to sub-paragraph (3), as if—
(5) Regulation 83(12) of these Regulations (backdating of claims) shall not have effect with respect to claims to which this Schedule applies.";
(3) In the Housing Benefit (State Pension Credit) Regulations, the reference to regulation 83(12) in paragraph 2(5) of Schedule 1A, as substituted by sub-paragraph (2) above, is a reference to regulation 64(13).
(4) Where this paragraph applies, the Council Tax Benefit Regulations and the Council Tax Benefit (State Pension Credit) Regulations shall have effect, subject to sub-paragraph (5), as if—
(5) Regulation 69(14) of these Regulations (backdating of claims) shall not have effect with respect to claims to which this Schedule applies."
(5) In the Council Tax Benefit (State Pension Credit) Regulations, the reference to regulation 69(14) in paragraph 2(5) of Schedule 1A, as substituted by sub-paragraph (4) above, is a reference to regulation 53(13).
[2] 1992 c.5; section 7A was inserted by the Welfare Reform and Pensions Act 1999 (c. 30); section 122E was inserted by the Social Security Administration (Fraud) Act 1997 (c. 47), section 3; section 126A was inserted by section 11 of the Social Security Administration (Fraud) Act 1997 (c. 47); section 128A was inserted by section 28(2) of the Jobseekers Act 1995 (c.18); section 189(1) was amended by paragraph 57 of Schedule 3 to the Social Security Contributions (Transfer of Functions, etc.) 1999, Schedule 8 and paragraph 109 of Schedule 7 to the Social Security Act 1998 (c.14) and Schedule 6 to the Tax Credits Act 2002 (c.21); section 134 was amended by the Housing Act 1996 (c. 52), Schedule 12, paragraph 1; section 189(4) and (5) was amended by Schedule 8 and paragraph 109 of Schedule 7 to the Social Security Act 1998; section 191 is cited for the meaning of the word "prescribe".back
[4] 1998 c.14; section 34(1) to (3) was amended by the State Pension Credit Act 2002, Schedule 2, paragraphs 40 and 41; section 79(1) was amended by paragraphs 12 and 13 of Schedule 4 to the Tax Credits Act 2002; section 84 is cited for the meaning of the word "prescribe".back
[5] See the Social Security Administration Act 1992(c.5), Schedule 7, Part 1, paragraph 10.back
[13] Substituted by S.I. 1997/65.back
[14] Regulation 51A was inserted by S.I. 1990/1776.back
[15] Regulation 51A(3)(d) inserted by 1993/315.back
[16] Schedule 3A was inserted by S.I. 1988/1445.back
[17] Schedule 3B was inserted by S.I. 1989/534.back
[18] See regulation 7 and Schedule 4, paragraph 2 for regulation 10A and Schedule A1 (claims by refugees).back
[20] Paragraph (1A) was inserted by S.I. 2005/337.back
[21] Paragraph (4A) was inserted by S.I. 1991/2284.back
[22] A relevant amending instrument is S.I. 1992/2595.back
[23] Sub-paragraph (7) was inserted by S.I. 1992/2595.back
[25] S.I. 1992/1815. Revoked for certain purposes by S.I. 2001/155, as amended by S.I. 2003/347.back
[26] Relevant amending instruments are S.I. 1995/1045 and S.I. 1995/3261.back
[27] Relevant amending instruments are S.I. 1995/1045 and S.I. 1995/3261.back
[29] S.I. 1993/255; relevant amending instrument is 2004/3143.back
[36] Substituted by S.I. 1997/65.back
[41] Amended by S.I. 2000/531 and 2000/973.back
[42] See regulation 7 and Schedule 4, paragraph 3 for regulation 7A and Schedule A1 (claims by refugees).back
[43] See regulation 7 and Schedule 4, paragraph 2 for regulation 10A and Schedule A1 (claims by refugees).back
[44] Paragraph 67 was inserted by S.I. 2000/531 in relation to England and in relation to Wales by S.I. 2000/973.back
[45] See regulation 7 and Schedule 4, paragraph 3 for regulation 7A and Schedule A1 (claims by refugees.back
[46] See regulation 7 and Schedule 4, paragraph 2 for regulation 10A and Schedule A1 (claims by refugees).back
[47] Paragraph 58 was inserted by S.I. 2000/531 in relation to England and in relation to Wales by S.I. 2000/973.back
[49] The definition of "relevant date" was inserted by S.I. 2003/2398.back
[50] For regulation 13A, see Schedule 10, paragraph 7.back
[51] For regulation 13A, see Schedule 9, paragraph 7.back
[52] Regulation 3A was inserted by S.I. 2001/1325 and amended by S.I. 2001/2317.back
[53] Regulation 4A was substituted by S.I. 2000/1.back
[54] Regulation 4B was inserted by S.I. 2003/2398.back
[55] Regulation 4C was inserted by S.I. 2003/2398.back
[56] Regulation 4E was inserted by S.I. 2003/2398.back
[57] Paragraph 7 was substituted by S.I. 2000/1. A relevant amending instrument is S.I. 2003/478.back
[58] Schedule 3A was inserted by S.I. 2003/2398.back
[59] S.I. 1997/1995 (S.144).back
[60] The definition of "relevant date" was inserted by S.I. 2003/2398.back
[61] For regulation 13A, see Schedule 10, paragraph 7.back
[62] For regulation 13A, see Schedule 9, paragraph 7.back
[63] Regulation 3A was inserted by S.I. 2001/1326 and amended by S.I. 2001/2318.back
[64] Regulation 4A was substituted by S.I. 2000/3.back
[65] Regulation 4B was inserted by S.I. 2003/2398.back
[66] Regulation 4C was inserted by S.I. 2003/2398.back
[67] Regulation 4E was inserted by S.I. 2003/2398.back
[68] Paragraph 7 was substituted by S.I. 2000/3. A relevant amending instrument is S.I. 2003/478.back
[69] Schedule 3A was inserted by S.I. 2003/2398.back
[71] Paragraph (3) added by S.I. 2000/2340.back
[72] Inserted by S.I. 2005/369.back
[75] Amended by S.I. 2001/2350.back
[76] Schedule 4A inserted by S.I. 2004/646.back
[82] S.I. 1999/1495; relevant amending instrument is S.I. 2001/1095.back
[85] Paragraph (2ZA) was inserted by S.I. 2004/14.back
[86] Paragraph (2A) was inserted by S.I. 2003/1338.back
[87] Paragraph (2B) was inserted by S.I. 2003/2399.back
[88] For regulation 11A, see Schedule 10 to the Housing Benefit Regulations 2006, paragraph 4.back
[89] For regulation 11A, see Schedule 9 to the Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 2006, paragraph 4.back
[90] Paragraph (6A) was inserted by S.I. 2004/14.back
[91] Paragraph (6B) was inserted by S.I. 2004/14.back
[92] Paragraph (12) was inserted by S.I. 2003/1338.back
[93] Paragraph (15) was inserted by S.I. 2003/2379.back
[94] Paragraph (6) was inserted by S.I. 2003/1581.back
[100] Sub-paragraph (c) was amended by S.I. 2003/2815.back
[101] Sub-paragraph (d) was amended by S.I. 2003/2815.back
[110] S.I. 2005/3238 (W. 243).back
[113] S.I. 1976/615; relevant amending instruments are S.I. 1982/699, 1985/987 and 1987/409.back
[114] See Schedule 10, paragraph 7.back
[115] See Schedule 9, paragraph 7.back
[116] See regulation 7 and Schedule 4, paragraph 2 for regulation 10A and Schedule A1 (claims by refugees).back
[129] Section 171E was inserted by section 6 of the Social Security (Incapacity for Work) Act 1994 (c.18).back
[135] 1995 c.18; See S.I. 1996/207 and 1516, 1997/2863, 1998/563, 1999/2677, 2000/724, 2001/1029 and 2003/511.back
[139] See now regulation 13 as substituted by paragraph 5(2) of Schedule 3 to these Regulations.back
[147] See regulation 7 and Schedule 4, paragraph 2 for regulation 10A and Schedule A1 (claims by refugees).back
[148] S.I. 1987/1967; regulation 21ZB was inserted by S.I. 2000/636.back
[149] See the Housing Benefit and Council Tax Benefit (Consequential Provisions) Regulations 2006 (S.I. 2006/217), regulation 7 and Schedule 4, paragraph 2 for regulation 7A and Schedule A1 (claims by refugees).back
[150] S.I. 1987/1967; regulation 21ZB was inserted by S.I. 2000/636.back
[151] S.I. 1987/1967; regulation 21ZB was inserted by S.I.2000/636.back
[152] See regulation 7 and Schedule 4, paragraph 3 for regulation 7A and Schedule A1 (claims by refugees).back
[153] S.I. 1987/1967; A relevant amending instrument is S.I. 1996/2431.back
[154] S.I. 1987/1967; regulation 21ZA was inserted by S.I. 1996/2431.back
[155] See regulation 7 and Schedule 4, paragraph 2 for regulation 10A and Schedule A1 (claims by refugees).back
[156] S.I. 1987/1967; relevant amending instrument is S.I. 1996/2431.back
[157] S.I. 1987/1967; regulation 21ZA was inserted by S.I. 1996/2431.back