Legalize / United Kingdom / Statutory-Instrument

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

Type Statutory-Instrument

Publication 2006-02-02

Last updated 2026-04-01

State In force

Department King's Printer of Acts of Parliament

Source legislation.gov.uk

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(4) In regulation 4A (substitute determinations and substitute redeterminations) , 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) —

(a) in paragraph (a), for “regulations 11A(4)(a) of the 1987 Regulations”, substitute “ regulation 13A(4)(a) of the Housing Benefit Regulations or, as the case may be, regulation 13A(4)(a) of the Housing Benefit (State Pension Credit) Regulations ”; and

(b) in paragraph (b), for “regulations 11A(5) of the 1987 Regulations”, substitute “ regulation 13A(5) of the Housing Benefit Regulations or, as the case may be, regulation 13A(5) of the Housing Benefit (State Pension Credit) Regulations ”.

(6) In regulation 4C (board and attendance determinations and notifications) —

(a) in paragraph (1), for “regulation 11A(6) of the 1987 Regulations”, substitute “ regulation 17(6) of the Housing Benefit Regulations or, as the case may be, regulation 13A(6) of the Housing Benefit (State Pension Credit) Regulations ”;

(b) in paragraph 2(b), for “regulation 12A(1) of the 1987 Regulations”, substitute “ regulation 14(1) of the Housing Benefit Regulations or, as the case may be, regulation 14(1) of the Housing Benefit (State Pension Credit) Regulations ”; and

(c) in paragraph (4) for “regulation 12A(1) of the 1987 Regulations”, substitute “ regulation 14(1) of the Housing Benefit Regulations or, as the case may be, regulation 14(1) of the Housing Benefit (State Pension Credit) Regulations ”.

(7) In regulation 4E (substitute board and attendance determinations and substitute board and attendance redeterminations) , 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)—

(a) in paragraph (2) for “regulation 7(3) of the 1987 Regulations”, substitute “ regulation 9(4) of the Housing Benefit Regulations or, as the case may be, regulation 9(4) of the Housing Benefit (State Pension Credit) Regulations ”; and

(b) in paragraph (3), for “the 1987 Regulations”, substitute “ the Housing Benefit Regulations and the Housing Benefit (State Pension Credit) Regulations ”.

(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—

(a) in Part 1, in paragraph 4(4) (local reference rents), for the definition of “non-dependant”, substitute—

“non-dependant” means a non-dependant of the tenant within the meaning of regulation 3 of the Housing Benefit Regulations or, as the case may be, regulation 3 of the Housing Benefit (State Pension Credit) Regulations;

(b) in Part 2, in paragraph 7 (ineligible charges and support charges) —

(i) in sub-paragraph (1), for the definition of “ineligible charges” substitute—

“ineligible charges” means service charges which are ineligible to be met by housing benefit by virtue of regulation 12(3) (rent) of and Schedule 1 (ineligible service charges) to the Housing Benefit Regulations or, as the case may be, the Housing Benefit (State Pension Credit) Regulations except in the case of a tenancy where the rent includes payments for board and attendance, and the rent officer considers that a substantial part of the rent under the tenancy is fairly attributable to board and attendance, charges specified in paragraph 1(a)(i) of Schedule 1 to the Housing Benefit Regulations or, as the case may be, in paragraph 1(a)(i) of Schedule 1 to the Housing Benefit (State Pension Credit) Regulations (charges for meals).

; and

(ii) in sub-paragraph (3)—

(aa) for “regulation 12A(7A)(b) of the 1987 Regulations”, substitute “ regulation 14(9)(b) of the Housing Benefit Regulations or, as the case may be, regulation 14(8)(b) of the Housing Benefit (State Pension Credit) Regulations ”; and

(bb) for “regulation 12A(1A) of the 1987 Regulations”, substitute “ 14(2) of the Housing Benefit Regulations or, as the case may be, regulation 14(2) of the Housing Benefit (State Pension Credit) Regulations ”;

(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) , 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 shall be amended in accordance with the provisions of this paragraph.

(2) In regulation 2 (interpretation)—

(a) for the definition of “hostel”, substitute—

“hostel” has the same meaning as in regulation 2(1) of the Housing Benefit Regulations or, as the case may be, regulation 2(1) of the Housing Benefit (State Pension Credit) Regulations;

(b) after that definition insert—

“the Housing Benefit Regulations” mean the Housing Benefit Regulations 2006;

“the Housing Benefit (State Pension Credit) Regulations” means the Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 2006;

“relevant date” means the date specified by a pathfinder authority in an application for a local housing allowance determination made in accordance with regulation 13A(4)(a) of the Housing Benefit Regulations or, as the case may be, regulation 13A(4)(a) of the Housing Benefit (State Pension Credit) Regulations ;

(d) for the definition of “rent”, substitute—

“rent” means any of the periodical payments referred to in 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;

(e) omit the definition of the “1987 Regulations”.

(3) In regulation 3A (transitional arrangements for determination of single room rents with effect from 2nd July 2001) , 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) , 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) —

(a) in paragraph (a), for “regulations 11A(4)(a) of the 1987 Regulations”, substitute “ regulation 13A(4)(a) of the Housing Benefit Regulations or, as the case may be, regulation 13A(4)(a) of the Housing Benefit (State Pension Credit) Regulations ”; and

(b) in paragraph (b), for “regulations 11A(5) of the 1987 Regulations”, substitute “ regulation 13A(5) of the Housing Benefit Regulations or, as the case may be, regulation 13A(5) of the Housing Benefit (State Pension Credit) Regulations ”.

(6) In regulation 4C (board and attendance determinations and notifications) —

(a) in paragraph (1), for “regulation 11A(6) of the 1987 Regulations”, substitute “ regulation 17(6) of the Housing Benefit Regulations or, as the case may be, regulation 13A(6) of the Housing Benefit (State Pension Credit) Regulations ”;

(b) in paragraph 2(b), for “regulation 12A(1) of the 1987 Regulations”, substitute “ regulation 14(1) of the Housing Benefit Regulations or, as the case may be, regulation 14(1) of the Housing Benefit (State Pension Credit) Regulations ”; and

(c) in paragraph (4) for “regulation 12A(1) of the 1987 Regulations”, substitute “ regulation 14(1) of the Housing Benefit Regulations or, as the case may be, regulation 14(1) of the Housing Benefit (State Pension Credit) Regulations ”.

(7) In regulation 4E (substitute board and attendance determinations and substitute board and attendance redeterminations) , 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)—

(a) in paragraph (2) for “regulation 7(3) of the 1987 Regulations”, substitute “ regulation 9(4) of the Housing Benefit Regulations or, as the case may be, regulation 9(4) of the Housing Benefit (State Pension Credit) Regulations ”; and

(b) in paragraph (3), for “the 1987 Regulations”, substitute “ the Housing Benefit Regulations and the Housing Benefit (State Pension Credit) Regulations ”.

(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—

(a) in Part 1, in paragraph 4(4) (local reference rents), for the definition of “non-dependant”, substitute—

“non-dependant” means a non-dependant of the tenant within the meaning of regulation 3 of the Housing Benefit Regulations or, as the case may be, regulation 3 of the Housing Benefit (State Pension Credit) Regulations;

(b) in Part 2, in paragraph 7 (ineligible charges and support charges) —

(i) in sub-paragraph (1), for the definition of “ineligible charges” substitute—

“ineligible charges” means service charges which are ineligible to be met by housing benefit by virtue of regulation 12(3) (rent) of and Schedule 1 (ineligible service charges) to the Housing Benefit Regulations or, as the case may be, the Housing Benefit (State Pension Credit) Regulations except in the case of a tenancy where the rent includes payments for board and attendance, and the rent officer considers that a substantial part of the rent under the tenancy is fairly attributable to board and attendance, charges specified in paragraph 1(a)(i) of Schedule 1 to the Housing Benefit Regulations or, as the case may be, in paragraph 1(a)(i) of Schedule 1 to the Housing Benefit (State Pension Credit) Regulations (charges for meals).

; and

(ii) in sub-paragraph (3)—

(aa) for “regulation 12A(7A)(b) of the 1987 Regulations”, substitute “ regulation 14(9)(b) of the Housing Benefit Regulations or, as the case may be, regulation 14(8)(b) of the Housing Benefit (State Pension Credit) Regulations ”; and

(bb) for “regulation 12A(1A) of the 1987 Regulations”, substitute “ 14(2) of the Housing Benefit Regulations or, as the case may be, regulation 14(2) of the Housing Benefit (State Pension Credit) Regulations ”;

(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) , 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 ”.

13

(1) The Income-Related Benefits (Subsidy to Authorities) Order 1998 shall be amended in accordance with the provisions of this paragraph.

(2) In article 11(interpretation of Part III)—

(a) in paragraph (1)—

(i) in the definition of “board and lodging accommodation”, for “regulation 12A of the Housing Benefit 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 ”;

(ii) for the definition of “the Council Tax Benefit Regulations”, substitute —

“the Council Tax Benefit Regulations” means the Council Tax Benefit Regulations 2006;

(iii) after the definition of “the Council Tax Benefit Regulations”, insert—

“the Council Tax Benefit (State Pension Credit) Regulations” means the Council Tax Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 2006;

(iv) for the definition of “the Housing Benefit Regulations”, substitute—

“the Housing Benefit Regulations” means the Housing Benefit Regulations 2006;

(v) after the definition of “the Housing Benefit Regulations”, insert—

“the Housing Benefit (State Pension Credit) Regulations” means the Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 2006;

(vi) for “the Housing Benefit Regulations or Council Tax Benefit Regulations”, substitute “ the Housing Benefit Regulations, the Housing Benefit (State Pension Credit) Regulations, the Council Tax Benefit Regulations or the Council Tax Benefit (State Pension Credit)Regulations ”.

(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) , 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) , 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)—

(a) in paragraph (2), for the words following “by virtue of” to the end of the paragraph, substitute—

(a) paragraph 1 and any of paragraphs 3 to 11 of Schedule 2 to the Housing Benefit Regulations (excluded tenancies); or (b) paragraph 1 and any of paragraphs 3 to 11 of Schedule 2 to the Housing Benefit (State Pension Credit) Regulations (excluded tenancies)

; and

(b) in paragraph (4)—

(i) in sub-paragraph (b), for “regulation 91”, substitute “ regulation 93 ” and after “Housing Benefit Regulations” insert “ or, as the case may be, regulation 74 of the Housing Benefit (State Pension Credit) Regulations ”;

(ii) in sub-paragraph (c), 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 ”.

(7) In article 18 (additions to subsidy)—

(a) in paragraph (5)(b)(ii)—

(i) for “regulation 75 of the Housing Benefit Regulations”, substitute “ regulation 88 of the Housing Benefit Regulations, regulation 69 of the Housing Benefit (State Pension Credit) Regulations ”; and

(ii) for “or of regulation 65 of the Council Tax Benefit Regulations”, substitute “, regulation 74 of the Council Tax Benefit Regulations or regulation 59 of the Council Tax Benefit (State Pension Credit) Regulations “;

(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)—

(a) for “Housing Benefit Regulations”, substitute “ Housing Benefit (General) Regulations 1987 ”;

(b) for “Council Tax Benefit Regulations”, substitute “ Council Tax Benefit (General) Regulations 1992 ”;

(c) for “or paragraph (18) of regulation 60 of the Community Charge Benefits Regulations”, substitute “ , paragraph (18) of regulation 60 of the Community Charge Benefits Regulations, 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 or paragraph (13) of regulation 53 of the Council Tax Benefit (State Pension Credit) Regulations ”.

(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)—

(a) in paragraph 4, for “regulation 12A(2) of the Housing Benefit Regulations”, substitute “ regulation 14(4) of the Housing Benefit Regulations or, as the case may be, regulation 14(4) of the Housing Benefit (State Pension Credit) Regulations ”;

(b) in paragraph 5, for “paragraph 2 of Schedule 1A to the Housing Benefit Regulations”, substitute “ paragraph 2 of Schedule 2 to the Housing Benefit Regulations or, as the case may be, paragraph 2 of Schedule 2 to the Housing Benefit (State Pension Credit) Regulations ”;

(c) in paragraph 6, for “regulation 12A of the Housing Benefit 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 ”;

(d) in both paragraph 7(b) and 8(1)(b) (rent officers' property-specific rent and claim related rent) for “under sub-paragraphs (a)(iv)(cc), (c) and (f) of paragraph 1 of Schedule 1 (ineligible service charges) and Schedule 1B (service charges for claimants in supported accommodation) to the Housing Benefit Regulations”, substitute “ under sub-paragraphs (a)(iv)(c) and (f) of paragraph 1 of Schedule 1 to the Housing Benefit Regulations or, as the case may be, under sub-paragraphs (a)(iv)(c) and (f) of paragraph 1 of Schedule 1 to the Housing Benefit (State Pension Credit) Regulations (ineligible service charges) ”;

(e) in paragraph 10, for “Housing Benefit Regulations”, substitute “ Housing Benefit (General) Regulations 1987 ”;

(f) in paragraph 11—

(i) in sub-paragraph (1)(a), for “regulation 91 of the Housing Benefit Regulations”, substitute “ regulation 93 of the Housing Benefit Regulations or, as the case may be, regulation 74 of the Housing Benefit (State Pension Credit) Regulations ”; and

(ii) in sub-paragraph (2)(b), for “regulation 91(3) or regulation 99 (recoverable overpayments) of the Housing Benefit Regulations” substitute “ regulation 93(3) or regulation 100 (recoverable overpayments) of the Housing Benefit Regulations or, as the case may be, regulation 74(3) or regulation 81 of the Housing Benefit (State Pension Credit) Regulations ”;

(g) in paragraph 12 (relevant date)—

(i) in sub-paragraph (c)(i), for “regulation 12A(8) of the Housing Benefit Regulations”, substitute “ regulation 14(10) of the Housing Benefit Regulations or, as the case may be, regulation 14(10) of the Housing Benefit (State Pension Credit) Regulations ”;

(ii) in sub-paragraph (c)(ii), for “regulation 12A of the Housing Benefit 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 ”; and

(iii) in sub-paragraph (c), for “regulation 68 of the Housing Benefit Regulations” substitute “ regulation 79 of the Housing Benefit Regulations or, as the case may be, regulation 59 of the Housing Benefit (State Pension Credit) Regulations ”;

(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) (interpretation)—

(i) in the definition of “appropriate indicative rent level”, for “paragraph 1A of Part II of Schedule 1 to the Housing Benefit Regulations” substitute “ paragraph 2 of Part 1 of Schedule 1 to the Housing Benefit Regulations or, as the case may be, paragraph 2 of Part 1 of Schedule 1 to the Housing Benefit (State Pension Credit) Regulations ”;

(ii) in the definition of “ineligible amounts”—

(aa) in sub-paragraph (a)(i) for “paragraph 1A of Schedule 1 to the Housing Benefit Regulations” substitute “ paragraph 2 of Part 1 of Schedule 1 to the Housing Benefit Regulations or, as the case may be, paragraph 2 of Part 1 of Schedule 1 to the Housing Benefit (State Pension Credit) Regulations ”;

(bb) for sub-paragraph (a)(ii), substitute—

(ii) where the dwelling is a hostel as defined in regulation 2(1) of the Housing Benefit Regulations or, as the case may be, regulation 2(1) of the Housing Benefit (State Pension Credit) Regulations (interpretation), any amount ineligible to be met by housing benefit under (as the case may be)— (aa) paragraph 1 of Schedule 1 to the Housing Benefit Regulations (ineligible service charges), other than sub-paragraphs (d) to (f) of that paragraph; or (bb) paragraph 1 of Schedule 1 to the Housing Benefit (State Pension Credit) Regulations (ineligible service charges), other than sub-paragraphs (d) to (f) of that paragraph;

(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 (rent rebate limitation deductions (housing revenue account dwellings) in paragraph 1—

(a) in the definition of “rent”, for “regulation 10(1) of the Housing Benefit 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 ”;

(b) in the definition of “service charge” for “regulation 10(1)(e) of the Housing Benefit Regulations” substitute “ regulation 12(1)(e) of the Housing Benefit Regulations or, as the case may be, regulation 12(1)(e) of the Housing Benefit (State Pension Credit) Regulations ”; and

(c) in paragraph (b) of the definition of “service charge”, for “Housing Benefit Regulations” substitute “ Housing Benefit (General) Regulations 1987 ”.

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)—

(a) for the reference to the “The Housing Benefit (General) Regulations 1987”, substitute— “ The Housing Benefit Regulations 2006; ”;

(b) after that reference insert— “ The Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 2006; ”;

(c) for the reference to the “The Council Tax Benefit (General) Regulations 1992”, substitute— “ The Council Tax Benefit Regulations 2006; ”;

(d) after that reference insert— “ The Council Tax Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 2006; ”.

(2) Those Orders are—

(a) the New Deal (Miscellaneous Provisions) Order 1998 ;

(b) the New Deal (25 plus) (Miscellaneous Provisions) Order 1999 ;

(d) the New Deal (Lone Parents)(Miscellaneous Provisions) Order 2001 .

15

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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 (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 shall be amended in accordance with the provisions of this paragraph.

(2) In regulation 1(2) (interpretation)—

(a) for the definition of “Council Tax Benefit Regulations”, substitute—

“Council Tax Benefit Regulations” means the Council Tax Benefit Regulations 2006;

(b) after that definition, insert—

“Council Tax Benefit (State Pension Credit) Regulations” means the Council Tax Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 2006;

“Housing Benefit Regulations” means the Housing Benefit Regulations 2006;

(d) after that definition, insert—

“Housing Benefit (State Pension Credit) Regulations” means the Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 2006;

(3) In regulation 3 (person treated as a person affected by a decision), in paragraph (1)—

(a) for sub-paragraphs (c) to (e), substitute—

(c) a person appointed by the relevant authority under regulation 82(3) of the Housing Benefit Regulations, regulation 63(3) of the Housing Benefit (State Pension Credit) Regulations, regulation 68(3) of the Council Tax Benefit Regulations or, as the case may be, regulation 52(3) of the Council Tax Benefit (State Pension Credit) Regulations (appointments for persons unable to act); (d) a person from whom the relevant authority determines that— (i) an overpayment is recoverable in accordance with Part 13 of the Housing Benefit Regulations or Part 12 of the Housing Benefit (State Pension Credit) Regulations; or (ii) excess benefit is recoverable in accordance with Part 11 of the Council Tax Benefit Regulations or Part 10 of the Council Tax Benefit (State Pension Credit) Regulations; or (e) a landlord or agent acting on behalf of that landlord and that decision is made under— (i) regulation 95 (circumstances in which payment is to be made to the landlord) of the Housing Benefit Regulations; (ii) regulation 96 (circumstances in which payment may be made to the landlord) of those Regulations; (iii) regulation 76 (circumstances in which payment is to be made to the landlord) of the Housing Benefit (State Pension Credit) Regulations; (iv) regulation 77 (circumstances in which payment may be made to the landlord) of those Regulations.

(b) in regulation 7 (decisions superseding earlier decisions)—

(i) in both paragraph (2ZA) and paragraph (2A) , for “regulation 12A(1)(d) or (e) of the Housing Benefit Regulations”, substitute “ regulation 14(1)(f) or (g) of the Housing Benefit Regulations or regulation 14(1)(f) or (g) of the Housing Benefit (State Pension Credit) Regulations ”;

(ii) in paragraph (2B) , for “regulation 8A of the Housing Benefit Regulations”, substitute “ regulation 11A of the Housing Benefit Regulations or regulation 11A of the Housing Benefit (State Pension Credit) Regulations (cases where maximum housing benefit expires) ”;

(iii) in paragraph (3), for the words “regulation 75(2) of the Housing Benefit Regulations(a) or regulation 65(2) of the Council Tax Benefit Regulations(b) (changes of circumstances which do not need to be notified)” to the end of the paragraph, substitute “ regulation 88(3) of the Housing Benefit Regulations, regulation 69(3) of the Housing Benefit (State Pension Credit) Regulations, regulation 74(3) of the Council Tax Benefit Regulations or regulation 59(3) of the Council Tax Benefit (State Pension Credit) Regulations (changes of circumstances which do not need to be notified). ”;

(i) in paragraph (2), for the words “in accordance with” to the end of the paragraph, substitute—

in accordance with— (a) regulation 79 of the Housing Benefit Regulations; (b) regulation 59 or 60 of the Housing Benefit (State Pension Credit) Regulations; (c) regulation 67 of the Council Tax Benefit Regulations; or (d) regulation 50 or 51 of the Council Tax Benefit (State Pension Credit) Regulations as the case may be.

(ii) in paragraph (6A) , for the words “regulation 12A(1)(d) or (e) of the Housing Benefit Regulations”, on each of the three occasions on which those words occur, substitute “ regulation 14(1)(f) or (g) of the Housing Benefit Regulations or, as the case may be, regulation 14(1)(f) or (g) of the Housing Benefit (State Pension Credit) Regulations ”;

(iii) in paragraph (6B) , after the words “the Housing Benefit Regulations”, add “ or, as the case may be, regulation 2(1) of the Housing Benefit (State Pension Credit) Regulations. ”;

(iv) in paragraph (12) , for the words “regulation 12A(1)(d) or (e) of the Housing Benefit Regulations”, on both occasions on which those words occur, substitute “ regulation 14(1)(f) or (g) of the Housing Benefit Regulations or, as the case may be, regulation 14(1)(f) or (g) of the Housing Benefit (State Pension Credit) Regulations ”; and

(v) in paragraph (15) , for the words “regulation 8A of the Housing Benefit Regulations”, substitute “ regulation 11A of the Housing Benefit Regulations or, as the case may be, regulation 11A of the Housing Benefit (State Pension Credit) Regulations ”;

(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—

(i) in paragraph 1, for sub-paragraphs (a) to (h), substitute—

(a) regulations 83 (time and manner in which claims are to be made), 84(1) and 85(1) and (4) (date of claim); (b) regulation 93(3) (adjustments to payments to take account of underpayment or overpayment on account of rent allowance); (c) regulation 95 (circumstances in which payment is to be made to a landlord); (d) regulation 96 (circumstances in which payment may be made to a landlord); (e) regulation 100 (recoverable overpayments); (f) regulation 101 (person from whom recovery may be sought); (g) regulation 103 (diminution of capital); or (h) regulation 104 (sums to be deducted in calculating recoverable overpayments).

(ii) after paragraph 1, insert—

(1A) No appeal shall lie against a decision made by virtue of, or as a consequence of, any of the provisions in Part 9 (claims), Part 11 (payments) and Part 12 (overpayments) of the Housing Benefit (State Pension Credit) Regulations except a decision under— (a) regulations 64 (time and manner in which claims are to be made), 65(1) and 66(1) and (4) (date of claim); (b) regulation 74(3) (adjustments to payments to take account of underpayment or overpayment on account of rent allowance); (c) regulation 76 (circumstances in which payment is to be made to a landlord); (d) regulation 77 (circumstances in which payment may be made to a landlord); (e) regulation 81 (recoverable overpayments); (f) regulation 84 (diminution of capital); or (g) regulation 85 (sums to be deducted in calculating recoverable overpayments).

(iii) in paragraph 2, for sub-paragraphs (a) to (e), substitute—

(a) regulations 69 (time and manner in which claims are to be made), 69(1) and 70(1) and (4) (date of claim); (b) regulation 83 (recoverable excess benefit); (c) regulation 85 (persons from whom recovery may be sought); (d) regulation 88 (diminution of capital); or (e) regulation 89 (sums to be deducted in calculating recoverable excess benefit).

(iv) after paragraph 2 insert—

(2A) No appeal shall lie against a decision made by virtue of, or as a consequence of, any of the provisions in Part 7 (claims), Part 9 (awards or payments of benefit) and Part 10 (excess benefit) of the Council Tax Benefit (State Pension Credit) Regulations except a decision under— (a) regulations 53 (time and manner in which claims are to be made), 54(1) and 55(1) and (4) (date of claim); (b) regulation 68 (recoverable excess benefit); (c) regulation 70 (persons from whom recovery may be sought); (d) regulation 73 (diminution of capital); or (e) regulation 74 (sums to be deducted in calculating recoverable excess benefit).

(v) in paragraph 6 , for the words “regulation 23(1) of the Housing Benefit Regulations or regulation 15(1) of the Council Tax Benefit Regulations”, substitute “ regulation 27(1) of the Housing Benefit (State Pension Credit) Regulations or regulation 17(1) of the Council Tax Benefit (State Pension Credit) Regulations ”.

Amendment of the Discretionary Financial Assistance Regulations 2001

18

(1) The Discretionary Financial Assistance Regulations 2001 shall be amended in accordance with the provisions of this paragraph.

(2) For regulation 1(2), substitute—

(2) In these Regulations— “the Housing Benefit Regulations” means the Housing Benefit Regulations 2006; and “the Housing Benefit (State Pension Credit) Regulations” means the Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 2006.

(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—

(a) periodical payments in respect of the dwelling which a person occupies as his home, other than payments in respect of council tax, an amount equal to the amount of the aggregate of the payments specified in— (i) regulation 12(1) of the Housing Benefit Regulations less the aggregate of the amounts referred to in regulations 12(3)(b)(i) to (iii) of those Regulations, calculated on a weekly basis in accordance with regulations 80 and 81 of those Regulations; or (ii) regulation 12(1) of the Housing Benefit (State Pension Credit) Regulations less the aggregate of the amounts referred to in regulations 12(3)(b)(i) to (iii) of those Regulations, calculated on a weekly basis in accordance with regulations 61 and 62 of those Regulations; or

19

Regulation 4 (change affecting housing benefit or council tax benefit) of the Social Security (Change of Circumstances) Regulations 2001 shall be amended as follows—

(a) in paragraph (1)(b), for “regulation 75 of the Housing Benefit (General) Regulations 1987 or regulation 65 of the Council Tax Benefit (General) Regulations 1992 (duty to notify changes for claims and payments purposes)”, substitute “ regulation 88 of the Housing Benefit Regulations 2006, regulation 69 of the Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 2006, regulation 74 of the Council Tax Benefit Regulations 2006 or regulation 59 of the Council Tax Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 2006 ”; and

(b) in paragraph (3), for “Housing Benefit (General) Regulations 1987 and the Council Tax Benefit (General) Regulations 1992” substitute, “ Housing Benefit Regulations 2006, Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 2006, Council Tax Benefit Regulations 2006, and Council Tax Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 2006 ”.

20

(1) The Social Security (Loss of Benefit) Regulations 2001 shall be amended in accordance with the provisions of this paragraph.

(2) In regulation 1(2) (citation, commencement and interpretation)—

(a) for the definition of “the Council Tax Benefit Regulations”, substitute—

“the Council Tax Benefit Regulations” means the Council Tax Benefit Regulations 2006;

(b) after that definition insert—

“the Council Tax Benefit (State Pension Credit) Regulations” means the Council Tax Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 2006;

“the Housing Benefit Regulations” means the Housing Benefit Regulations 2006;

(d) after that definition insert—

“the Housing Benefit (State Pension Credit) Regulations” means the Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 2006;

(3) In regulation 17 (circumstances where a reduced amount of housing benefit and council tax benefit is payable)—

(a) in paragraph (1), for “paragraph 1(1) of Schedule 2 to the Housing Benefit Regulations or, as the case may be, in paragraph 1(1) of Schedule 1 to the Council Tax Benefit Regulations”, substitute “ paragraph 1 of Schedule 3 to the Housing Benefit Regulations or, as the case may be, in paragraph 1(1) of Schedule 3 of the Housing Benefit (State Pension Credit) Regulations, in paragraph 1(1) of Schedule 1 to the Council Tax Benefit Regulations, or in paragraph 1(1) of Schedule 1 of the Council Tax Benefit (State Pension Credit) Regulations ”;

(b) in paragraph (3), for “regulation 2(1) of the Housing Benefit Regulations or, as the case may be, regulation 2(1) of the Council Tax Benefit Regulations”, substitute “ regulation 2(1) of the Housing Benefit Regulations or, as the case may be, regulation 2(1) of the Housing Benefit (State Pension Credit) Regulations, regulation 2(1) of the Council Tax Benefit Regulations, or regulation 2(1) of the Council Tax Benefit (State Pension Credit) Regulations. ”.

21

In regulation 2(2) of the Social Security (Jobcentre Plus Interviews) Regulations 2002 , 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 shall be amended in accordance with the provisions of this paragraph.

(2) In regulation 9(3)—

(a) in sub-paragraph (c) , for “paragraphs 10(1)(b) or (2)(b) or 11, and where applicable, 12 of Part III of Schedule 2 to the Housing Benefit (General) Regulations 1987”, substitute “ paragraphs 11(1)(b) or 11(2)(b) or 12, and where applicable, 13 of Part 3 Schedule 3 of the Housing Benefit Regulations 2006 ”; and

(b) in sub-paragraph (d) , for “paragraphs 11(1)(b) or (2)(b) or 12, and where applicable, 13 of Part III of Schedule 1 to the Council Tax Benefit (General) Regulations 1992”, substitute “ paragraphs 11(1)(b) or 11(2)(b) or 12, and where applicable, 13 of Part 3 of Schedule 1 of the Council Tax Benefit Regulations 2006 ”.

(3) In regulation 13(5) (entitlement to child care element of working tax credit)—

(a) in sub-paragraph (b)(i), for “paragraph 11(2)(b) of Schedule 1 to the Council Tax Benefit (General) Regulations 1992”, substitute “ paragraph 11(2)(b) of Schedule 1 to the Council Tax Benefit Regulations 2006 ”;

(b) in sub-paragraph (b)(ii), for “paragraph 10(2)(b) of Schedule 2 to the Housing Benefit (General) Regulations 1987”, substitute “ 11(2)(b) of Schedule 3 to the Housing Benefit Regulations 2006 ”;

(c) for “regulation 13A(1)(c) of Council Tax Benefit (General) Regulations 1992”, substitute “ regulation 18(1)(c) of the Council Tax Benefit Regulations 2006 ”; and

(d) for “regulation 21A(1)(c) of the Housing Benefit (General) Regulations 1987”, substitute “ regulation 28(1)(c) of the Housing Benefit Regulations 2006 ”.

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 , 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 substitute—

(c) the Council Tax Benefit (General) Regulations 2006; (cc) the Council Tax Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 2006;

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 , 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 , 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 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—

(1) The amendment made by paragraph (6) is to the Housing Benefit Regulations as modified in its application to persons to whom regulation 2(1) of the State Pension Credit Regulations applies. (2) The amendments made by paragraphs (4), (5), (15) and (16) are to the Housing Benefit Regulations 2006. (2A) The amendments made by paragraphs (3), (7), (9)(b), (11), (14), (17) and (18) are to the Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 2006. (2B) The amendments made by paragraphs (8), (10)(b) to (g), (12) and (13) are to both the Housing Benefit Regulations 2006 and to the Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 2006.

(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)—

(a) for the words “regulation 36(7)(a)”, substitute “ regulation 41(9)(a) of the Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 2006 ”; and

(b) for the words “regulation 69(2)(b)”, substitute “ regulation 61(2)(b) ”.

(8) In paragraph (8)—

(a) for the words “In regulation 63(7)(e) (non-dependant deductions)”, substitute “ In both regulation 74(7)(f) of the Housing Benefit Regulations 2006 and regulation 55(7)(f) of the Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 2006 (non-dependant deductions) ”; and

(b) in the substituted head (i) of both regulations, for the words “paragraph 9 of regulation 5”, substitute “ paragraph 18 of regulation 7 ”.

(9) In paragraph (9)—

(a) for the words “regulation 65”, substitute “ regulation 57 of the Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 2006 ”;

(b) omit sub-paragraph (a);

(i) for “(5)” substitute “ (2) ”;

(ii) the substituted paragraph (5) shall be renumbered paragraph (2);

(iii) in the substituted paragraph (2)(a), omit the words “regulation 72BA applies to him and”;

(iv) in the substituted paragraph (2)(b), omit the words “paragraph (2) does not apply to him and”.

(10) In paragraph (10)—

(a) for the words “regulation 68”, substitute “ both regulation 79 of the Housing Benefit Regulations 2006 and regulation 59 of the Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 2006 ”;

(b) omit sub-paragraph (a);

(d) in sub-paragraph (c)—

(i) in the inserted paragraphs (2A) for the words “paragraphs (13) and (14)”, substitute “ paragraphs (8) and (9) ”;

(ii) in the inserted paragraphs (2A)(b)(i) and (2B), for the words “regulation 5(5)”, substitute “ regulation 7(6) ”;

(iii) on the inserted paragraph (2B), for the words “paragraph (13)”, substitute “ paragraph (8) ”;

(e) in sub-paragraph (d), for heads (i) and (ii), substitute—

(i) the words “and (9)” shall be omitted; (ii) in regulation 79(3)(a)(i) of the Housing Benefit Regulations 2006, after “80(2)(b)” there shall be inserted “ or (c) ”; (iii) in regulation 59(3)(a)(i) of the Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 2006, after “61(2)(b)” there shall be inserted “ or (c) ”;

(f) in sub-paragraph (e), in the substituted paragraph (4), for the words “paragraph (13)”, substitute “ paragraph (8) ”; and

(g) in sub-paragraph (f)—

(i) for the words “paragraphs (13) and (14)”, substitute “ paragraphs (8) and (9) ”;

(ii) in the substituted paragraph (8) for the words “paragraph (14), substitute “paragraph (9); and

(iii) in the substituted paragraph (9), for the words “regulation 5(5A) or (7A)”, substitute “ regulation 7(7) or (10) ”.

(11) For paragraph (11), substitute—

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

(12) In paragraph (12)—

(a) for the words “regulation 69”, there shall be substituted, in the Housing Benefit Regulations 2006, “ regulation 80 ” and, in the Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 2006, “ regulation 61 ”;

(b) in sub-paragraph (a), after “(2)” insert “ of both regulations ”;

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

(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—

(b) paragraph (3) shall be omitted;

(f) in sub-paragraph (c)—

(i) for the words “paragraph (5)”, substitute “ paragraph (4) ”;

(ii) the substituted paragraph (5) shall be renumbered paragraph (4);

(iii) in the substituted paragraph (4), there shall be substituted, in the Housing Benefit Regulations 2006—

(aa) for “regulation 65(2) or (5)”, “ regulation 76(2) ”;

(bb) for “regulation 68(2)”, “ regulation 79(2) ”;

(cc) for “regulation 68(2A)”, in both places, “ regulation 79(2A) ”; and

(dd) for “(13) or (14)”, “ (8) or (9) ”;

(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—

(aa) for “regulation 65(2) or (5)”, “ regulation 57(2) ”;

(bb) for “regulation 68(2)”, “ regulation 59(2) ”;

(cc) for “regulation 68(2A)”, in both places, “regulation 59(2A); and

(dd) for “(13) or (14)”, “ (8) or (9) ”;

(g) for sub-paragraph (d), substitute—

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

(h) for sub-paragraph (e), substitute—

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

(i) in sub-paragraph (f)—

(i) for the words “paragraph (9)”, substitute in the Housing Benefit Regulations 2006, “ paragraph (8) ” and, in the Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 2006, “ paragraph (7) ”;

(ii) the inserted paragraphs (10) and (11), shall be renumbered, in both the Housing Benefit Regulations 2006 and in the Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 2006, “paragraphs (9) and (10)”;

(iii) in the renumbered paragraph (10), for the words “regulation 5(5)”, substitute “ regulation 7(6) ”.

(13) In paragraph (13)—

(a) for the words “regulation 70”, substitute, in the Housing Benefit Regulations 2006, “ regulation 81 ” and, in the Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 2006, “ regulation 62 ”;

(b) in sub-paragraph (a), in the substituted paragraph (2), for the words “regulation 69(5)”, substitute in the Housing Benefit Regulations 2006, “ regulation 80(4) ” and, in the Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 2006, “ regulation 61(4) ”;

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

(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—

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

(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)—

(a) for the words “Schedule 2” substitute “ Schedule 3 to the Housing Benefit Regulations 2006 ”;

(b) in sub-paragraph (a)—

(i) for the words “paragraph 12”, substitute “ paragraph 13 ”;

(ii) for sub-head (ii), substitute—

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

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

(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)—

(a) for the words “paragraph 21(2) of Schedule 5ZA, after sub-paragraph (l)” substitute “ paragraph 21(2) of Schedule 6 to the Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 2006, after sub-paragraph (j) ”; and

(b) the inserted sub-paragraphs (2)(m) and (n) shall be renumbered sub-paragraph (2)(k) and (l).

(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—

(1) The amendment made by paragraph (6) is to the Council Tax Benefit Regulations as modified in its application to persons to whom regulation 2(1) of the State Pension Credit Regulations applies. (2) The amendments made by paragraphs (4), (5), (11) and (13) are to the Council Tax Benefit Regulations 2006. (2A) The amendments made by paragraphs (3), (9), (14) and (15) are to the Council Tax Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 2006. (2B) The amendment made by paragraph (7) is to both the Council Tax Benefit Regulations 2006 and the Council Tax Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 2006. (2C) The amendment made by paragraph (10) is to the Council Tax Benefit Regulations.

(21) In paragraph (3)—

(a) for the words “regulation 8”, substitute “ regulation 12 of the Council Tax Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 2006 ”; and

(b) in the substituted paragraph 5, for “Schedule 1A” substitute “ Schedule 1 ”.

(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)—

(a) for the words “regulation 52(7)(d)”, substitute “ regulation 58(7)(d) of the Council Tax Benefit Regulations 2006 and regulation 42(7)(d) of the Council Tax Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 2006 (non-dependant deductions) ”; and

(b) in the substituted head (i)—

(i) for “(6)” substitute “ (7) ”; and

(ii) for “4C” substitute “ 8 ”.

(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—

(11) In Schedule 1 (applicable amounts)— (a) in paragraph 13(1)(a)(iii)— (i) the words from “except” to “applies” shall be omitted, and (ii) for “regulation 14(2) (patients)” there shall be substituted “ regulation 18(11)(e) (treatment of child care charges) ”; (b) in paragraph 15(2)— (i) in sub-paragraph (a)(ii) for “regulation 14(2)” there shall be substituted “ regulation 18(11)(e) ”, and (ii) in sub-paragraph (b) for “regulation 14(2)” there shall be substituted “ regulation 18(11)(e) ”.

(28) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(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)—

(a) for the words “Schedule 5ZA, after sub-paragraph (l)”, substitute “ Schedule 4 to the Council Tax Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 2006, after sub-paragraph (j) ”; and

(b) the inserted heads (m) and (n) shall be designated (k) and (l).

(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 ”.

28

(1) The Social Security (Miscellaneous Amendments) (No. 2) Regulations 2005 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—

(4A) (1) The Council Tax Benefit Regulations 2006 are amended as follows. (2) In regulation 32(2)(c) (notional income), after “personal pension scheme” insert “ , occupational pension scheme ”. (3) In regulation 39(2)(d) (notional capital), after “personal pension scheme” insert “ , occupational pension scheme ”. (4) For regulation 42(1) (calculation of tariff income from capital) substitute— (1) Where the claimant's capital calculated in accordance with this Part exceeds £6,000, it shall be treated as equivalent to a weekly income of £1 for each complete £250 in excess of £6,000 but not exceeding £16,000.

(4) In regulation 5, paragraphs (2) to (4) are revoked.

(5) After regulation 5, insert—

(5A) (1) The Housing Benefit Regulations 2006 are amended as follows. (2) In regulation 42(2)(c) (notional income), after “personal pension scheme” insert “ , occupational pension scheme ”. (3) In regulation 49(2)(d) (notional capital), after “personal pension scheme” insert “ , occupational pension scheme ”. (4) In regulation 52 (calculation of tariff income from capital)— (a) in paragraph (1)— (i) omit “(2) or”; and (ii) for “£3,000” (in both places) substitute “ £6,000 ”; (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—

(a) for the purposes of paragraphs (1) and (4), on 1st April 2006;

(b) for the purposes of paragraphs (2) and (3), on 6th April 2006.

(7) Regulation 5A, as inserted by sub-paragraph (5) above, shall come into force—

(a) for the purposes of paragraphs (1) and (4), on 1st April 2006;

(b) for the purposes of paragraphs (2) and (3), on 6th April 2006.

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 shall be amended in accordance with the following provisions of this paragraph.

(2) For regulation 1(2), substitute—

(2) In these Regulations— - “the Council Tax Benefit Regulations” means the Council Tax Benefit Regulations 2006; - “the Council Tax Benefit (State Pension Credit) Regulations” means the Council Tax Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 2006; - “the Housing Benefit Regulations” means the Housing Benefit Regulations 2006; - “the Housing Benefit (State Pension Credit) Regulations” means the Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 2006.

(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—

(a) in paragraph (1), for the words “Regulation 99 of the Housing Benefit Regulations”, substitute “ Both regulation 100 of the Housing Benefit Regulations and regulation 81 of the Housing Benefit (State Pension Credit) Regulations ”;

(b) in paragraph (2) after “(2)”, insert “ of both Regulations ”;

(d) in paragraph (4), after “(4), insert “ of both Regulations ”.

(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—

(a) in paragraph (1), for the words “Regulation 101 of the Housing Benefit Regulations”, substitute “ Both regulation 101 of the Housing Benefit Regulations and regulation 82 of the Housing Benefit (State Pension Credit) Regulations ”;

(b) in paragraph (2), after “(1)(b)” insert “ of both regulations ”;

(d) in paragraph (4)—

(i) after “(3)”, insert “ of the Housing Benefit Regulations ”; and

(ii) in inserted paragraph (3A) for “regulation 99(3)”, substitute “ regulation 100(3) ”;

(e) after paragraph (4) insert—

(4A) After paragraph (3) of regulation 82 of the Housing Benefit (State Pension Credit) Regulations, insert— (3A) For the purposes of paragraph (2)(a)(ii), “overpayment arose in consequence of an official error” shall have the same meaning as in regulation 81(3) above.

; and

(f) in paragraph (5), after “(4)” insert “ of both regulations ”.

(8) In regulation 7—

(a) for the words “Regulation 102 of the Housing Benefit Regulations”, substitute “ Both regulation 102 of the Housing Benefit Regulations and regulation 83 of the Housing Benefit (State Pension Credit) Regulations ”;

(b) in paragraph (2), after “(3)”, insert “ of both regulations ”;

(d) in paragraph (4), after “(2)”, insert “ of both regulations ”;

(e) in paragraph (5), after “(5)”, insert “ of both regulations ”.

(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 ”.

30

(1) For regulation 5 of the Social Security (Hospital In-Patients) Regulations 2005 , substitute—

(5) (1) In regulation 22(5) of the Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 2006 and regulation 12(5) of the Council Tax Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 2006 (applicable amounts) in the definition of “patient” for “the Social Security (Hospital In-Patients) Regulations 1975” substitute “ regulation 2(4) and (5) of the Social Security (Hospital In-Patients) Regulations 2005 ”. (2) In regulation 28(11)(e) of the Housing Benefit Regulations 2006 and regulation 18(11)(e) of the Council Tax Benefit Regulations 2006, (treatment of child care charges) for “the Social Security (Hospital In-Patients) Regulations 1975” substitute “ regulation 2(4) and (5) of the Social Security (Hospital In-Patients) Regulations 2005 ”.

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 , substitute—

(2) In regulation 53(1) of the Housing Benefit Regulations 2006, in paragraphs (a), (b) and (b)(ii) in the definition of “full-time course of study” for “National Council for Education and Training for Wales” substitute “ National Assembly for Wales ”. (3) In regulation 43(1) of the Council Tax Benefit Regulations 2006, in paragraphs (a), (b) and (b)(ii) in the definition of “full-time course of study” for “National Council for Education and Training for Wales” substitute “ National Assembly for Wales ”.

SCHEDULE 3 — Transitional and Savings Provisions

1

(1) Where a change of circumstances occurs as a result of the payment of arrears of any income (and for the avoidance of doubt income includes any benefit within the meaning of the Act) which affects a determination or decision in respect of entitlement to, or the amount of, housing benefit or council tax benefit before 6th March 1995, the provisions specified in paragraph (2) shall apply subject to the omissions specified in relation to that provision.

(2) The provisions specified in this paragraph (which all relate to the date on which changes of circumstances are to take effect) are—

(a) regulations 79 of the Housing Benefit Regulations which shall apply as if paragraph (7) was omitted;

(b) regulation 59 of the Housing Benefit (State Pension Credit) Regulations which shall apply as if paragraph (7) was omitted;

(d) regulation 50 of the Council Tax Benefit (State Pension Credit) Regulations which shall apply as if paragraph (9) was omitted.

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—

(a) for the period for which paragraph (1) did not apply or ceased to apply, the claimant was incapable of work or was treated as incapable of work in accordance with the provisions of, and regulations made under, Part 12A of the Act (the period of incapacity); and

(b) any break in the period of incapacity did not exceed a period of 56 continuous days,

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—

(a) regulations 28(8)(c) and 56(2)(e) of, and paragraph 13(1)(b) of Schedule 3 to, the Housing Benefit Regulations;

(b) regulations 18(11)(e) and 45(3)(e) of, and paragraph 13(1)(b) of Schedule 1 to, the Council Tax Benefit Regulations; or as the case may be,

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 12(1)(a)(ii) of Schedule 2 to the 1987 Regulations , or paragraph 13(1)(a)(ii) of Schedule 1 to the 1992 Regulations , 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—

(a) Schedule 3 to the Housing Benefit Regulations; and

(b) Schedule 1 to the Council Tax Benefit Regulations.

(3) The amendments specified in this sub-paragraph are—

(a) in sub-paragraph (1)(a)(i), for the words “long-term incapacity benefit”, substitute “ an invalidity pension ” and for the words “in the case of long-term incapacity benefit”, substitute “ in the case of invalidity pension ”;

(b) in sub-paragraph (1)(a)(ii) for the words “long-term incapacity benefit” substitute “ invalidity pension ”;

(b) the circumstances of the claimant fall, and have fallen, in respect of a continuous period of not less than 28 weeks, within sub-paragraph (6) or, if he was in Northern Ireland for the whole or part of that period, within one or more comparable Northern Irish provisions.

(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—

(6) For the purposes of sub-paragraph (1)(b) the circumstances of a claimant fall within this sub-paragraph if— (a) he provides evidence of incapacity in accordance with regulation 2 of the Social Security (Medical Evidence) Regulations 1976 (evidence of incapacity for work) in support of a claim for sickness benefit, invalidity pension or severe disablement allowance within the meaning of sections 31, 33 or 68 of the Act, provided that an adjudication officer has not determined he is not incapable of work, or (b) he is in receipt of statutory sick pay within the meaning of Part 11 of the Act.

Eligible rent

4

(1) Subject to the following provisions of this paragraph, the eligible rent of a person—

(a) who was entitled to housing benefit on both the first date and the second date; or

(b) who is liable to make payments in respect of a dwelling occupied by him as his home, which is exempt accommodation, shall be determined in accordance with—

(i) regulations 12 (rent) and 13 (maximum rent) of the Housing Benefit Regulations, or, as the case may be,

(ii) regulations 12 (rent) and 13 (maximum rent) of the Housing Benefit (State Pension Credit) Regulations,

as set out in paragraph 5.

(2) Sub-paragraph (1)(a) shall not apply to—

(a) any determination of a person’s eligible rent in a case where a relevant authority is required to determine a maximum rent ( LHA ) by virtue of regulation 13C of the Housing Benefit Regulations or, as the case may be, regulation 13C of the Housing Benefit (State Pension Credit) Regulations; ...

(aa) a determination of eligible rent in a case where a person’s landlord is a registered housing association within the meaning of regulation 2 of the Housing Benefit Regulations or any case where housing benefit is payable in the form of a rent rebate unless—

(i) the claimant or the claimant’s partner has attained the qualifying age for state pension credit, or both have attained that age;

(ii) a relevant authority has, on or before 31st March 2013, reduced that person’s eligible rent in accordance with regulation 13(3) of the Housing Benefit Regulations as set out in paragraph 5 of this Schedule; or

(iii) a relevant authority has, on or before 31st March 2013, made a determination that the person’s dwelling is larger than is reasonably required or that the person’s rent is unreasonably high in accordance with regulation 13(3) of the Housing Benefit Regulations as set out in paragraph 5 of this Schedule, but has not, in accordance with paragraph (4), (5) or (7) of that regulation, reduced that person’s eligible rent; or

(b) any subsequent determination of his eligible rent.

(3) Sub-paragraph (1)(a) shall only apply in a case where—

(a) either—

(i) the dwelling occupied as his home by a person to whom sub-paragraph (1)(a) refers is the same on both the first date and the second date; or

(ii) the dwelling so occupied was not the same by reason only that the change was caused by a fire, flood, explosion or natural catastrophe rendering the dwelling occupied as the home on the first date uninhabitable; and

(b) the person—

(i) was continuously entitled to and in receipt of housing benefit between the first date and the second date in respect of the dwelling to which head (a) above applies; or

(ii) was not entitled to or receiving housing benefit for a period not exceeding 4 weeks, but was in continuous occupation of the dwelling to which head (a) above refers between the first date and the second date; or

(iii) is a person to whom sub-paragraph (4) applies.

(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—

(a) the claimant ceases to be entitled to housing benefit in respect of his residence in the dwelling he occupies as his home;

(b) the claimant subsequently becomes re-entitled to housing benefit—

(i) in respect of the same dwelling, or

(ii) in respect of a different dwelling in a case to which sub-paragraph (3)(a)(ii) applies; 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—

(a) he occupies the dwelling which he occupied on the relevant date;

(b) this paragraph applied to the previous beneficiary on the relevant date; and

(6) The requirements of this sub-paragraph are that the person was, on the relevant date—

(a) the partner of the previous beneficiary; or

(b) in a case where the previous beneficiary died on the relevant date, was a person to whom sub-paragraph (10)(b), (c) or (d) of regulation 13 (restrictions on unreasonable payments), as specified in paragraph 5, applied and for the purposes of this sub-paragraph “claimant” in that paragraph of that regulation shall be taken to be a reference to the previous beneficiary.

(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—

(a) regulation 10A of and Schedule A1 to the Housing Benefit Regulations (entitlement to housing benefit by refugees), or, as the case may be,

(b) regulation 10A of and Schedule A1 to the Housing Benefit (State Pension Credit) Regulations (entitlement to housing benefit by refugees)

apply, shall be determined in accordance with—

(i) regulations 12 (rent) and 13 (maximum rent) of the Housing Benefit Regulations, or, as the case may be,

(ii) regulations 12 (rent) and 13 (maximum rent) of the Housing Benefit (State Pension Credit) Regulations,

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—

“the first date” means 1st January 1996, except in a case to which sub-paragraph (5) applies, when it shall be the relevant date;

“the second date” means any day after the first date for which a claimant’s entitlement to housing benefit is to be determined;

“eligible rent” means as the case may require, an eligible rent determined in accordance with— regulations 12B (eligible rent), 12BA (eligible rent and maximum rent (social sector)), 12C (eligible rent and maximum rent), 12D (eligible rent and maximum rent ( LHA )) or any of regulations 12E to 12K (transitional protection for pathfinder cases) ; or regulations 12 (rent) and 13 (restrictions on unreasonable payments) as set out in paragraph 5 of Schedule 3 to the Consequential Provisions Regulations in a case to which paragraph 4 of that Schedule applies;

“exempt accommodation” means accommodation which is—a resettlement place provided by persons to whom the Secretary of State has given assistance by way of grant pursuant to section 30 of the Jobseekers Act 1995 (grants for resettlement places); and for this purpose “resettlement place” shall have the same meaning as it has in that section; orprovided by a non-metropolitan county council in England within the meaning of section 1 of the Local Government Act 1972, a housing association, a registered charity or voluntary organisation where that body or a person acting on its behalf also provides the claimant with care, support or supervision;

“imprisoned” means detained in custody pending sentence upon conviction or under a sentence imposed by a court;

“previous beneficiary” means a person—who died, left the dwelling or was imprisoned, as the case may be;who was on that date in receipt of housing benefit or was on that date within 52 weeks of having become a welfare to work beneficiary; andto whom this regulation applied on that date;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;

“the qualifying age for state pension credit” means (in accordance with section 1(2)(b) and (6) of the State Pension Credit Act 2002)—in the case of a woman, pensionable age; orin the case of a man, the age which is pensionable age in the case of a woman born on the same day as the man;

“relevant authority” means an authority administering housing benefit;

“the relevant date” means the date—of the death of a previous beneficiary;on which a previous beneficiary who was the claimant’s partner left the dwelling so that he and the claimant ceased to be living together as husband and wife; oron which a previous beneficiary, other than a beneficiary to whom regulation 7(13) of the Housing Benefit Regulations or, as the case may be, regulation 7(13) of the Housing Benefit (State Pension Credit) Regulations applied, was imprisoned, but only where on that date he was the partner of the claimant,as the case may be;

“state pension credit” means state pension credit under the State Pension Credit Act 2002;

“welfare to work beneficiary” means a person to whom regulation 13A(1) of the Social Security (Incapacity for Work) (General) Regulations 1995 applies.

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—

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

Amendment of the Rent Officers (Housing Benefit Functions) (Scotland) Order 1997

12

Amendment of the Income-Related Benefits (Subsidy to Authorities) Order 1998

13

Amendment of the New Deal Orders

14

Amendment of the Social Security Commissioners (Procedure) Regulations 1999

15

Amendment of the Home Energy Efficiency Schemes (Wales) Regulations 2000

16

Amendment of the Housing Benefit and Council Tax Benefit (Decisions and Appeals) Regulations 2001

17

Amendment of the Discretionary Financial Assistance Regulations 2001

18

Amendment of the Social Security (Change of Circumstances) Regulations 2001

19

Amendment of the Social Security (Loss of Benefit) Regulations 2001

20

Amendment of the Social Security (Jobcentre Plus Interviews) Regulations 2002

21

Amendment of the Working Tax Credit (Entitlement and Maximum Rate) Regulations 2002

22

Amendment of the Local Authorities (Charges for Specified Welfare Services) (England) Regulations 2003

23

Amendment of the Council Tax and Non-Domestic Rating (Demand Notices) (England) Regulations 2003

24

Amendment of the Home Energy Efficiency Scheme (England) Regulations 2005

25

Amendment of the Displaced Persons (Temporary Protection) Regulations 2005

26

Amendment of the Housing Benefit and Council Tax Benefit (Miscellaneous Amendments) (No.3) Regulations 2005

27

Amendment of the Social Security (Miscellaneous Amendments) (No.2) Regulations 2005

28

Amendment of the Housing Benefit and Council Tax Benefit (General) Amendment Regulations 2005

29

Amendment of the Social Security (Hospital In-patients) Regulations 2005

30

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

SCHEDULE 3 — Transitional and Savings Provisions

1

Persons incapable of work

2

3

Eligible rent

4

5