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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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(12) (1) Subject to the following provision of this regulation, the payments in respect of which housing benefit is payable in the form of a rent rebate or allowance are the following periodical payments which a person is liable to make in respect of the dwelling which he occupies as his home— (a) payments of, or by way of, rent; (b) payments in respect of a licence or permission to occupy the dwelling; (c) payments by way of mesne profits or, in Scotland, violent profits; (d) payments in respect of, or in consequence of, use and occupation of the dwelling; (e) payments of, or by way of, service charges payment of which is a condition on which the right to occupy the dwelling depends; (f) mooring charges payable for a houseboat; (g) where the home is a caravan or a mobile home, payments in respect of the site on which it stands; (h) any contribution payable by a person resident in an almshouse provided by a housing association which is either a charity of which particulars are entered in the register of charities established under section 3 of the Charities Act 1993 (register of charities) or an exempt charity within the meaning of that Act, which is a contribution towards the cost of maintaining that association’s almshouses and essential services in them; (i) payments under a rental purchase agreement, that is to say an agreement for the purchase of a dwelling which is a building or part of one under which the whole or part of the purchase price is to be paid in more than one instalment and the completion of the purchase is deferred until the whole or a specified part of the purchase price has been paid; and (j) where, in Scotland, the dwelling is situated on or pertains to a croft within the meaning of section 3(1) of the Crofters (Scotland) Act 1993, the payment in respect of the croft land. (2) A rent rebate or, as the case may be, a rent allowance shall not be payable in respect of the following periodical payments— (a) payments under a long tenancy except a shared ownership tenancy granted by a housing association or a housing authority; (b) payments under a co-ownership scheme; (c) payments by an owner; (d) payments under a hire purchase, credit sale or conditional sale agreement except to the extent the conditional sale agreement is in respect of land; and (e) payments by a Crown tenant. (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— (a) except where he is separately liable for charges for water, sewerage or allied environmental services, an amount determined in accordance with paragraph (6); (b) where payments include service charges which are wholly or partly ineligible, an amount in respect of the ineligible charges determined in accordance with Schedule 1; and (c) where he is liable to make payments in respect of any service charges to which paragraph (1)(e) does not apply, but to which paragraph 3(2) of Schedule 1 (unreasonably low service charges) applies in the particular circumstances, an amount in respect of such charges determined in accordance with paragraph 3(2) of Schedule 1. (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— (a) except in a case to which sub-paragraph (c) applies, if the dwelling occupied by the claimant is a self-contained unit, the amount of the charges; (b) in any other case except one to which sub-paragraph (c) applies, the proportion of those charges in respect of the self-contained unit, which is obtained by dividing the area of the dwelling occupied by the claimant by the area of the self-contained unit of which it forms part; or (c) where the charges vary in accordance with the amount of water actually used, the amount which the appropriate authority considers to be fairly attributable to water and sewerage services, having regard to the actual or estimated consumption of the claimant. (6A) Where a reduction in any of the payments listed in paragraph (1) for which a person would otherwise be liable is applied by a provider of social housing under an approved tenant incentive scheme, for the purposes of paragraph (1) the amount of the payment is to be treated as if no such reduction has been applied. (6B) For the purposes of paragraph (6A)— - “approved tenant incentive scheme” means a scheme which is—operated by a provider of social housing and designed to avoid rent arrears by allowing reductions in the payments listed at paragraph (1) or other advantages in return for meeting specified conditions; andapproved by the Secretary of State; - “provider of social housing” means—a local authority;a non-profit registered provider of social housing;in relation to accommodation which is social housing, a profit-making registered provider of social housing;a registered social landlord; - “registered social landlord” means—a body which is registered in the register maintained by the Welsh Ministers under Chapter 1 of Part 1 of the Housing Act 1996;a body which is registered in the register maintained by the Scottish Housing Regulator under the Housing (Scotland) Act 2010; - “social housing” has the meaning given in section 68 of the Housing and Regeneration Act 2008. (7) In this regulation and Schedule 1— - “service charges” means periodical payments for services, whether or not under the same agreement as that under which the dwelling is occupied, or whether or not such a charge is specified as separate from or separately identified within other payments made by the occupier in respect of the dwelling; and - “services” means services performed or facilities (including the use of furniture) provided for, or rights made available to, the occupier of a dwelling. (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— (13) (1) Where a rent is registered in respect of a dwelling under Part 4 or 5 of the Rent Act 1977 or Part 4 or 7 of the Rent (Scotland) Act 1984 and the rent recoverable from a claimant is limited to the rent so registered, his eligible rent determined in accordance with regulation 12 (rent) shall not exceed the rent so registered. (2) Where a rent has been determined by a rent assessment committee or a private rented housing committee in respect of a dwelling under Part 1 of the Housing Act 1988 or Part 2 of the Housing (Scotland) Act 1988, the claimant’s eligible rent determined in accordance with regulation 12 shall not exceed the rent determined by the committee during the twelve months beginning with the first day on which that determination had effect. (3) The relevant authority shall consider— (a) whether by reference to a determination or re-determination made by a rent officer in exercise of a function conferred on him by an order under section 122 of the Housing Act 1996 or otherwise, whether a claimant occupies a dwelling larger than is reasonably required by him and others who also occupy that dwelling (including any non-dependants of his and any person paying rent to him) having regard in particular to suitable alternative accommodation occupied by a household of the same size; or (b) whether by reference to a determination or re-determination made by a rent officer in exercise of a function conferred on him by an order under section 122 of the Housing Act 1996 or otherwise, whether the rent payable for his dwelling is unreasonably high by comparison with the rent payable in respect of suitable alternative accommodation elsewhere, 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— (a) has attained the qualifying age for state pension credit; or (b) is incapable of work for the purpose of Part 12A of the Act; or (c) is treated as capable of work in accordance with regulations made under section 171E of the Act; or (ca) has limited capability for work within the meaning of section 1(4) of the Welfare Reform Act 2007; or (cb) is treated as not having limited capability for work in accordance with regulations made under paragraph 1(a) of Schedule 2 to that Act (employment and support allowance: supplementary provisions); or (d) is a member of the same household as a child or young person for whom he or his partner is responsible, 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— (a) in deciding what is suitable alternative accommodation, the relevant authority shall take account of the nature of the alternative accommodation and the facilities provided having regard to the age and state of health of all the persons to whom paragraph (10) applies and, in particular, where a claimant’s present dwelling is occupied with security of tenure, accommodation shall not be treated as suitable alternative accommodation unless that accommodation will be occupied on terms which will afford security of tenure reasonably equivalent to that presently enjoyed by the claimant; and (b) the relevant factors in paragraph (4) are the effects of a move to alternative accommodation on— (i) the claimant’s prospects of retaining his employment; and (ii) the education of any child or young person referred to in paragraph (4)(d) if such a move were to result in a change of school. (10) This paragraph applies to the following persons— (a) the claimant; (b) any member of his family; (c) if the claimant is a member of a polygamous marriage, any partners of his and any child or young person for whom he or a partner is responsible and who is a member of the same household; (d) subject to paragraph (11), any relative of the claimant or his partner who occupies the same dwelling as the claimant, whether or not they reside with him. (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 (1) above, regulation 13ZA of both those Regulations is as follows— (13ZA) (1) Subject to paragraph (2), where a claimant’s eligible rent is increased during an award of housing benefit, the relevant authority shall, if it considers, whether by reference to a determination or re-determination made by a rent officer in exercise of a function conferred on him by an order under section 122 of the Housing Act 1996, or otherwise, either— (a) that the increase is unreasonably high having regard in particular to the level of increases for suitable alternative accommodation, or (b) in the case of an increase which takes place less than 12 months after the date of the previous increase, that the increase is unreasonable having regard to the length of time since that previous increase, 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

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(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 (“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—

(7) (1) A person from abroad is a person of a prescribed class for the purposes of section 131(3)(b) of the Act. (2) In paragraph (1) a “person from abroad” means a person other than a person to whom paragraph (3) or (6) applies, who has limited leave (as defined in section 33(1) of the 1971 Act) to enter or remain in the United Kingdom which was given in accordance with any provision in the immigration rules (as defined in that section) relating to— (a) there being, or to there needing to be, no recourse to public funds, or (b) there being no charge on public funds, during that limited leave. (3) Subject to paragraph (7) this paragraph applies to a person who— (a) is a national of a European Economic Area State, a state which is a signatory to the European Convention on Social and Medical Assistance (done in Paris on 11th December 1953), a state which is a signatory to the Council of Europe Social Charter (signed in Turin on 18th October 1961), the Channel Islands or the Isle of Man; or (b) 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. (4) In paragraph (1) “person from abroad” also means any person other than a person to whom paragraph (6) applies who— (a) having a limited leave (as defined in section 33(1) of the 1971 Act) to enter or remain in the United Kingdom, has remained without further leave under that Act beyond the time limited by the leave; or (b) is the subject of a deportation order being an order under section 5(1) of the 1971 Act (deportation) requiring him to leave and prohibiting him from entering the United Kingdom except where his removal from the United Kingdom has been deferred in writing by the Secretary of State; or (c) is adjudged by the immigration authorities to be an illegal entrant (as defined in section 33(1) of the 1971 Act) who has not subsequently been given leave under that Act to enter or remain in the United Kingdom except a person who has been allowed to remain in the United Kingdom with the consent in writing of the Secretary of State; or (d) is a national of a European Economic Area State and is required by the Secretary of State to leave the United Kingdom; or (e) is not habitually resident in the United Kingdom, the Republic of Ireland, the Channel Islands or the Isle of Man, but for this purpose no person shall be treated as not habitually resident in the United Kingdom who is— (i) a worker for the purposes of Council Regulation (EEC) No. 1612/68 or (EEC) No. 1251/70 or a person with a right to reside in the United Kingdom pursuant to Council Directive No. 68/360/EEC or No. 73/148/EEC; or (ii) 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; or (iii) a person who has been granted exceptional leave to remain in the United Kingdom by the Secretary of State; or (iv) person to whom paragraph (5) applies; or (v) the subject of a deportation order, being an order under section 5(1) of the 1971 Act (deportation) requiring him to leave and prohibiting him from entering the United Kingdom, and whose removal from the United Kingdom has been deferred in writing by the Secretary of State; or (vi) adjudged by the immigration authorities to be an illegal entrant (as defined in section 33(1) of the 1971 Act), has not subsequently been given leave under that Act to enter or remain in the United Kingdom but has been allowed to remain in the United Kingdom with the consent in writing of the Secretary of State. (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— (a) is an asylum seeker, and for this purpose a person— (i) becomes an asylum seeker when he has submitted a claim for asylum to the Secretary of State that it would be contrary to the United Kingdom's obligations under the Convention relating to the Status of Refugees done at Geneva on 28th July 1951, and the protocol to that convention, for him to be removed from, or required to leave, the United Kingdom and that claim is recorded by the Secretary of State as having been made; and (ii) ceases to be an asylum seeker when his claim is recorded by the Secretary of State as having been finally determined or abandoned; or (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— - “the 1971 Act” means the Immigration Act 1971 ; and - a “European Economic Area State” means a Member State, or Norway, Sweden, Iceland, Austria or Finland..

(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—

(10) (1) A person from abroad who is liable to make payments in respect of a dwelling shall be treated as if he were not so liable. (2) In paragraph (1) a “person from abroad” means a person, other than a person to whom paragraph (3) or (6) applies, who has limited leave (as defined in section 33(1) of the 1971 Act) to enter or remain in the United Kingdom which was given in accordance with any provision in the immigration rules (as defined in that section) relating to— (a) there being, or to there needing to be, no recourse to public funds, or (b) there being no charge on public funds, during that limited leave. (3) Subject to paragraph (7) this paragraph applies to a person who— (a) is a national of a European Economic Area State, a state which is a signatory to the European Convention on Social and Medical Assistance (done in Paris on 11th December 1953) , a state which is a signatory to the Council of Europe Social Charter (signed in Turin on 18th October 1961), the Channel Islands or the Isle of Man; or (b) 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. (4) In paragraph (1) “person from abroad” also means any person other than a person to whom paragraph (6) applies who— (a) having a limited leave (as defined in section 33(1) of the 1971 Act) to enter or remain in the United Kingdom, has remained without further leave under that Act beyond the time limited by the leave; or (b) is the subject of a deportation order being an order under section 5(1) of the 1971 Act (deportation) requiring him to leave and prohibiting him from entering the United Kingdom except where his removal from the United Kingdom has been deferred in writing by the Secretary of State; or (c) is adjudged by the immigration authorities to be an illegal entrant (as defined in section 33(1) of the 1971 Act) who has not subsequently been given leave under that Act to enter or remain in the United Kingdom except a person who has been allowed to remain in the United Kingdom with the consent in writing of the Secretary of State. (d) is a national of a European Economic Area State and is required by the Secretary of State to leave the United Kingdom; or (e) is not habitually resident in the United Kingdom, the Republic of Ireland, the Channel Islands or the Isle of Man, but for this purpose no person shall be treated as not habitually resident in the United Kingdom who is— (i) a worker for the purposes of Council Regulation (EEC) No. 1612/68 or (EEC) No. 1251/70 or a person with a right to reside in the United Kingdom pursuant to Council Directive No. 68/360/EEC or No. 73/148/EEC; or (ii) 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; or (iii) a person who has been granted exceptional leave to remain in the United Kingdom by the Secretary of State; or (iv) a person to whom paragraph (5) applies; or (v) the subject of a deportation order, being an order under section 5(1) of the 1971 Act (deportation) requiring him to leave and prohibiting him from entering the United Kingdom, and whose removal from the United Kingdom has been deferred in writing by the Secretary of State; or (vi) adjudged by the immigration authorities to be an illegal entrant (as defined in section 33(1) of the 1971 Act), has not subsequently been given leave under that Act to enter or remain in the United Kingdom but has been allowed to remain in the United Kingdom with the consent in writing of the Secretary of State. (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— (a) is an asylum seeker, and for this purpose a person— (i) becomes an asylum seeker when he has submitted a claim for asylum to the Secretary of State that it would be contrary to the United Kingdom's obligations under the Convention relating to the Status of Refugees done at Geneva on 28th July 1951, and the protocol to that convention, for him to be removed from, or required to leave, the United Kingdom and that claim is recorded by the Secretary of State as having been made; and (ii) ceases to be an asylum seeker when his claim is recorded by the Secretary of State as having been finally determined or abandoned; or (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— - “the 1971 Act” means the Immigration Act 1971; - a “European Economic Area State” means a Member State or Norway, Sweden, Iceland, Austria or Finland..

(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 —

(a) the Council Tax Benefit Regulations shall have effect in relation to him subject to the modifications set out in paragraph (2);

(b) the Housing Benefit Regulations shall have effect in relation to him subject to the modifications set out in paragraph (3).

(5) Sub-paragraph (6) applies where a person—

(a) is entitled to a specified benefit in respect of a period which includes 30th April 2004;

(b) claims a specified benefit on or after 1st May 2004 and it is subsequently determined that he is entitled to that benefit in respect of a period which includes 30th April 2004;

(c) claims a specified benefit on or after 1st May 2004 and it is subsequently determined that he is entitled to such a benefit in respect of a period which is continuous with a period of entitlement to the same or another specified benefit which includes 30th April 2004;

(d) claims jobseeker's allowance on or after 1st May 2004 and it is subsequently determined that he is entitled to jobseeker's allowance in respect of a period of entitlement to that benefit which is linked to a previous period of entitlement which includes 30th April 2004 by virtue of regulations made under paragraph 3 of Schedule 1 to the Jobseekers Act 1995 .

(6) Where this sub-paragraph applies—

(a) the Council Tax Benefit Regulations and the Council Tax Benefit (State Pension Credit) Regulations shall both have effect as if in regulation 7 (persons from abroad)—

(i) in paragraph (2)(a) the words “or a person who is an accession State worker requiring registration who is treated as a worker for the purpose of the definition of “qualified person” in regulation 5(1) of the Immigration (European Economic Area) Regulations 2000 pursuant to regulation 5 of the Accession (Immigration and Worker Registration) Regulations 2004“ were omitted; and

(ii) paragraph (3) were omitted.

(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)—

(i) in paragraph (2)(a) the words “or a person who is an accession State worker requiring registration who is treated as a worker for the purpose of the definition of “qualified person” in regulation 5(1) of the Immigration (European Economic Area) Regulations 2000 pursuant to regulation 5 of the Accession (Immigration and Worker Registration) Regulations 2004 “ were omitted; and

(ii) paragraph (3) were omitted.

(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—

(a) in paragraph (1), for the words “those provisions” to the end of the paragraph, substitute “ the provisions of the Income Support Regulations as then in force shall continue to have effect as if regulation 8(2) and (3)(c) of these Regulations had not been made ”; and

(b) in paragraph (2), for the words “those Regulations as then in force” to the end of the paragraph, substitute “ the Income Support Regulations as then in force shall have effect as if regulation 8 of these Regulations had not been made ”.

(10) For the purposes of—

(a) regulation 10(1) of the Housing Benefit Regulations;

(b) regulation 10(1) of the Housing Benefit (State Pension Credit) Regulations;

(d) regulation 7(1) of the Council Tax Benefit (State Pension Credit) Regulations,

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—

(a) submits on his arrival (other than on his re-entry) in the United Kingdom from a country outside the Common Travel Area a claim for asylum on or before 2nd April 2000 to the Secretary of State that it would be contrary to the United Kingdom's obligations under the Convention for him to be removed or required to leave, the United Kingdom and that claim is recorded by the Secretary of State has having been made before that date; or

(b) on or before 2nd April 2000 becomes, while present in Great Britain, an asylum seeker when—

(i) the Secretary of State makes a declaration to the effect that the country of which he is a national is subject to such a fundamental change of circumstances that he would not normally order the return of a person to that country; and

(ii) he submits, within a period of three months from the date that declaration was made, a claim for asylum to the Secretary of State under the Convention relating to the Status of Refugees; and

(iii) his claim for asylum under that Convention is recorded by the Secretary of State has having been made.

(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

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(1) The regulations specified in sub-paragraphs (3) to (5) shall apply in accordance with the amendments so specified where the claimant—

(a) was entitled to and in receipt of housing benefit on account of his liability to make payments in respect of a dwelling, which he occupied or was treated as occupying as his home, on 06 October 1996;

(b) regulation 11 of the Housing Benefit (General) Amendment Regulations 1996 applied in the case of payments made to the claimant immediately before the consolidating Regulations came into force; and

(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—

(a) for paragraph (2), there is substituted—

(2) A payment of a rent allowance in accordance with paragraph (1) shall be made insofar as it is practicable to do so, 2 weeks before the end of the period in respect of which it is made unless the liability to pay rent of the person entitled is in respect of a past period, in which case payment of the rent allowance may be made at the end of that period.

(b) paragraphs (3) and (4) are omitted;

(d) in paragraph (7) the words “Subject to paragraphs (2), (3) and (5),” are omitted.

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 amendment specified in sub-paragraph (2).

(2) In paragraph (3) of regulation 13 at the end, add “plus 50 per cent. of the amount by which the claim related rent exceeds the local reference rent.”

(3) This sub-paragraph applies to a claimant who has been continuously entitled to and in receipt of housing benefit—

(a) in respect of the same dwelling for a period which includes 5th October 1997; and

(b) which included an addition by virtue of paragraph (3) or (4) of regulation 11 of the 1987 Regulations as they had effect on 5th October 1997.

(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—

(a) who was entitled to housing benefit in respect of the dwelling he occupied as his home on or before 5th October 1997;

(b) whose entitlement to housing benefit in respect of that dwelling was continuous from that date until it ceased because either the person or his partner became a welfare to work beneficiary;

(c) who on the day before entitlement to housing benefit ceased, was in receipt of an addition to benefit by virtue of paragraph (4) or (5) of regulation 11 of the 1987 Regulations as they had effect on 5th October 1997; and

(d) who subsequently becomes re-entitled to housing benefit in respect of that dwelling within 52 weeks of him or his partner becoming a welfare to work beneficiary.

(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 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—

“the 1987 Regulations” means the Housing Benefit (General) Regulations 1987;

(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—

(a) regulation 9 of both the Housing Benefit Regulations and the Housing Benefit (State Pension Credit) Regulations shall have effect as if—

(i) in paragraph (1)(k), at the beginning there were inserted the words “ except where paragraph (1A) applies ”;

(ii) after paragraph (1) there were inserted—

(1A) This paragraph applies to a person who— (a) was or became entitled immediately before 30th October 1990 to housing benefit in respect of residential accommodation; or (b) became or becomes entitled to housing benefit in respect of such accommodation on or after that date but only if the claim was made or, as the case may be, the appropriate authority is satisfied that the claim was sent or delivered to the appropriate DWP office or designated office in accordance with regulation 64(5) (time and manner in which claims are made), before that date.

(iii) for paragraph (4) there were substituted paragraph (3) of regulation 7 of the 1987 Regulations as in force on 23rd October 2005;

(b) regulation 52 of the Housing Benefit Regulations shall have effect as if—

(i) paragraph (4) there were substituted—

(4) For the purposes of paragraph (3), the prescribed circumstances are that the claimant— (a) occupies residential accommodation as his home; or (b) is a person to whom paragraph (1A), as inserted by paragraph 9(3)(a)(ii) of Schedule 3 to the Consequential Provisions Regulations (exceptions to circumstances in which a person is to be treated as not liable to make payments in respect of a dwelling) applies.

(ii) for paragraph (9), there were substituted—

(9) Paragraph (8) shall not apply to residential accommodation of the type referred to in sub-paragraph (b) or (c) of paragraph (8) where such accommodation is residential accommodation for the purposes of regulation 9 and paragraph (4)(b) does not apply to the claimant in respect of that accommodation.

(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—

(a) regulation 9 of both the Housing Benefit Regulations and the Housing Benefit (State Pension Credit) Regulations shall have effect as if—

(i) for paragraph (4) there were substituted paragraph (3) of regulation 7 of the 1987 Regulations as in force on 23rd October 2005;

(ii) after paragraph (4), there was inserted—

(5) Subject to the following provisions of this regulation, paragraph (6) applies to a person who— (a) occupies or is treated by regulation 6(8) of the 1987 Regulations as occupying residential accommodation on 31st March 1993; (b) is or was liable to pay rent in respect of that accommodation for that day; (c) is a person to whom sub-paragraph (a) or (b) of paragraph (2) of regulation 7 of the 1987 Regulations applies immediately before 1st April 1993; and (d) is or was entitled to housing benefit in respect of the liability mentioned in sub-paragraph (b). (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 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— (a) on the day on which he is first absent from the accommodation which he occupied or was treated under regulation 7(8) of the 1987 Regulations as occupying on 31st March 1993; and (b) on any day which falls after that day. (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— (a) ceases to be entitled to housing benefit; and (b) was before he ceased to be entitled a person to whom paragraph (6) applied, that paragraph shall not apply to him in the case of any subsequent claim for housing benefit.

(b) regulation 52 of the Housing Benefit Regulations shall have effect as if—

(i) for paragraph (4) there were substituted—

(4) For the purposes of paragraph (3), the prescribed circumstances are that the claimant— (a) occupies residential accommodation as his home; or (b) is a person to whom paragraph (6), as inserted by paragraph 9(5)(a)(ii) of Schedule 3 to the Consequential Provisions Regulations (exceptions to circumstances in which a person is to be treated as not liable to make payments in respect of a dwelling) applies.

(ii) for paragraph (9), there were substituted—

(9) Paragraph (8) shall not apply to residential accommodation of the type referred to in sub-paragraph (b) or (c) of paragraph (8) where such accommodation is residential accommodation for the purposes of regulation 9 and paragraph (4)(b) does not apply to the claimant in respect of that accommodation.

(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—

(a) regulation 9 of both the Housing Benefit Regulations and the Housing Benefit (State Pension Credit) Regulations shall have effect as if—

(i) for paragraph (4) there were substituted paragraph (3) of regulation 7 of the 1987 Regulations as in force on 23rd October 2005;

(ii) after paragraph (4), there was inserted—

(5) Subject to the following provisions of this regulation, paragraph (6) applies to a person who— (a) occupies or is treated under regulation 5(7C), (8) or (8C) of the 1987 Regulations as occupying accommodation in an establishment which on 1st April 1993 is registered as a small home under Part I of the Registered Homes Act 1984 or is deemed to be so registered under section 2(3) of the Registered Homes (Amendment) Act 1991 (registration of small homes where application for registration not determined); (b) was occupying, or was treated under regulation 7(8) of the 1987 Regulations as occupying, that accommodation on 31st March 1993; (c) is or was liable to pay rent in respect of that accommodation for 31st March 1993; and (d) is or was entitled to housing benefit in respect of that liability. (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— (a) on the day on which he is first absent from the accommodation which he occupied or was treated under regulation 7(8) of the 1987 Regulations as occupying on 31st March 1993; and (b) on any day which falls after that day. (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— (a) ceases to be entitled to housing benefit; and (b) was before he ceased to be entitled a person to whom paragraph (6) applied, 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— (a) if it was registered under Part I of the Registered Homes Act 1984, ceases to be so registered; or (b) if it was deemed to be so registered is neither registered nor deemed to be registered, 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 by virtue of section 1(4A) of that Act.

(b) regulation 52 of the Housing Benefit Regulations shall have effect as if—

(i) for paragraph (4) there were substituted—

(4) For the purposes of paragraph (3), the prescribed circumstances are that the claimant— (a) occupies residential accommodation as his home; or (b) is a person to whom paragraph (6), as inserted by paragraph 9(7)(a)(ii) of Schedule 3 to the Consequential Provisions Regulations (exceptions to circumstances in which a person is to be treated as not liable to make payments in respect of a dwelling) applies.

(ii) for paragraph (9), there were substituted—

(9) Paragraph (8) shall not apply to residential accommodation of the type referred to in sub-paragraph (b) or (c) of paragraph (8) where such accommodation is residential accommodation for the purposes of regulation 9 and paragraph (4)(b) does not apply to the claimant in respect of that accommodation.

SCHEDULE 4 — Transitory Modifications

Provisions not yet in force

1

(1) If—

(a) no date has been appointed as the date on which a provision mentioned in column 1 of the following Table is to come into force before 24th February 2006; or

(b) a date has been appointed which is later than 24th February 2006,

then the paragraph of this Schedule mentioned in column 2 of the Table opposite that provision shall have effect until the appointed day.

Provision	Paragraph of this Schedule
Section 12(2)(e) of the Asylum and Immigration (Treatment of Claimants, etc.) Act 2004 .	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) If a date has been appointed as the date on which a provision mentioned in column 1 of the Table above is to come into force for some purposes of that provision but not for others, then the paragraph of this Schedule mentioned in column 2 of the Table opposite that provision shall have effect for those other purposes of that provision (in so far as it is capable of doing so) until the provisions are brought into force for the remaining purposes.

Refugees –Housing Benefit

2

(1) After regulation 10 of both the Housing Benefit Regulations and the Housing Benefit (State Pension Credit) Regulations, insert—

(10A) (1) Where a person, who has made a claim for asylum, is notified that he has been recorded by the Secretary of State as a refugee, these Regulations shall have effect with respect to his entitlement to housing benefit for the relevant period which applies in his case in accordance with Schedule A1(treatment of claims for housing benefit by refugees), but that entitlement is— (a) subject to the provisions of Schedule A1; and (b) with respect to regulations 12 (rent) and 13 (maximum rent), subject to paragraph 4(8) of Schedule 3 to the Housing Benefit and Council Tax Benefit (Consequential Provisions) Regulations 2006.

(2) Before Schedule 1 to both the Housing Benefit Regulations and the Housing Benefit (State Pension Credit) Regulations, insert, subject to sub-paragraph (3)—

SCHEDULE A1 (1) (1) Where a person (in this Schedule called “the claimant”), who has made a claim for asylum— (a) is subsequently notified by the Secretary of State that he has been recorded as a refugee; and (b) claims housing benefit— (i) within the period specified in paragraph 2(4); and (ii) in respect of one or more periods from the date of his claim for asylum to the date he is so notified, 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. (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. (3) (1) Subject to sub-paragraph (2), for the purpose of determining a claimant's eligible rent— (a) regulations 12 and 13 have effect as they were in force on 1st January 1996; (b) in paragraph (1) of regulation 12 of the former Regulations (restrictions on rent increases) as saved by paragraph 5 of Schedule 3 to the Housing Benefit and Council Tax Benefit (Consequential Provisions) Regulations 2006 the words from “whether by reference” to “or otherwise” shall be omitted; and (c) regulation 14 (requirement to refer to a rent officer) shall not have effect. (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. (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). (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— (a) the landlord of any dwelling in respect of which a claim for housing benefit arises under this Schedule; (b) any other person to whom the rent for the dwelling was paid; and (c) any person who made payments of rent to a landlord on behalf of a claimant in the relevant period, 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. (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— (1) Upon claiming housing benefit in accordance with Schedule A1 (treatment of claims for housing benefit by refugees) a claimant, or any person by whom or on whose behalf sums payable by way of housing benefit are receivable, shall provide the relevant authority with information concerning any change of circumstances which occurred during the period to which the claim relates which the claimant or that other person might reasonably expect to affect the claimant's right to and the 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. (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— (a) a landlord shows that, for the whole or any part of the relevant period for which housing benefit in the form of a rent allowance has been awarded, no payment of rent has been made; (b) information is provided to show the rent that remains due; (c) the claimant has been notified that a payment to the landlord may be made; and (d) the relevant authority, having taken account of any representations made by the claimant with respect to such a payment being made, consider that it is reasonable that the benefit or part of the benefit due should be paid to the landlord, 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— (a) where that authority is the authority to whom the claim under this Schedule is made, be reduced by the amount of the eligible rent remaining due to that authority; and (b) in any other case, be paid to the authority concerned, and any balance of benefit remaining due in respect of that period shall be paid to the claimant. (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. (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—

(a) for the reference to “Regulation 83(12)” in paragraph 2(5), there were substituted a reference to “ Regulation 64(13) ”;

(b) for the reference to “regulation 88” in paragraph 6, there were substituted a reference to “ regulation 69 ”;

(d) for the reference to “regulation 93” in paragraph 8(3), there were substituted a reference to “ regulation 74 ”;

(e) for the reference to “Regulations 95 and 96” in paragraph 8(4), there were substituted a reference to “ Regulations 76 and 77 ”;

(f) for the reference to “Schedule 9” in paragraph 10, there were substituted a reference to “ Schedule 8 ”.

(4) For paragraph 51 of Schedule 5 to the Housing Benefit Regulations, substitute—

(51) Any council tax benefit, including any amount of council tax benefit to which a person is entitled by virtue of regulation 7A of the Council Tax Benefit Regulations 2006 .

(5) After paragraph 55 of Schedule 5 to the Housing Benefit Regulations insert—

(55A) Any amount of housing benefit to which a person is entitled by virtue of regulation 10A (entitlement of a refugee to housing benefit). (55B) Any amount of income support to which a person is entitled by virtue of regulation 21ZB of the Income Support Regulations (treatment of refugees).

(6) After paragraph 48 of Schedule 6 to the Housing Benefit Regulations insert—

(48A) Any amount of housing benefit to which a person is entitled by virtue of regulation 10A (entitlement of a refugee to housing benefit) but only for a period of 52 weeks from the date that such an amount is received pursuant to that regulation. (48B) Any amount of income support to which a person is entitled by virtue of regulation 21ZB of the Income Support Regulations (treatment of refugees) but only for a period of 52 weeks from the date that such an amount is received pursuant to that regulation.

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—

(7A) Where a person, who has made a claim for asylum, is notified that he has been recorded by the Secretary of State as a refugee, these Regulations shall have effect with respect to his entitlement to council tax benefit for the relevant period which applies in his case in accordance with Schedule A1 (treatment of claims for council tax benefit by refugees) but subject to the provisions of that Schedule.

(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)—

SCHEDULE A1 (1) (1) Where a person (in this Schedule called “the claimant”), who has made a claim for asylum— (a) is subsequently notified by the Secretary of State that he has been recorded as a refugee; and (b) claims council tax benefit— (i) within the period specified in paragraph 2(4); and (ii) in respect of one or more periods from the date of his claim for asylum to the date he is so notified, 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. (2) (1) A claim for council tax 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 where the dwelling in which the claimant occupied as his home was situate and in respect of which he was liable for council tax. (2) Where the claimant has occupied more than one dwelling as his home in the relevant period, only one claim for council tax 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 payment when, after he is notified that he has been recorded by the Secretary of State as a refugee, he makes a claim for council tax benefit. (3) The relevant authority to which a claim for council tax 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 council tax benefit, to which his 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. (3) With respect to a claim for council tax benefit under this Schedule, the applicable amounts for the purposes of Part 3 of these Regulations 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). (4) —(1) A claimant who makes a claim for council tax 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 the landlord of any dwelling in respect of which a claim for council tax benefit arises under this Schedule, in particular as to the period for which the claimant resided in the dwelling during the relevant period. (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 and any information provided by a landlord of any dwelling in respect of which the claim under this Schedule arises 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 council tax benefit is made may require 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 7A and this Schedule and that 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. (5) With respect to claims for council tax benefit to which paragraph 1 above applies, for paragraph (1) of regulation 74 (duty to notify changes of circumstances) there shall be substituted the following paragraph— (1) Upon claiming council tax benefit in accordance with Schedule A1 (treatment of clams for council tax benefit by refugees) a claimant, or any person by whom or on whose behalf sums payable by way of council tax benefit are receivable, shall provide the relevant authority to whom the claim is made with information concerning any change of circumstances which occurred during the period to which the claim relates which the claimant or that other person might reasonably expect to affect the claimant's right to the amount of benefit. (6) The appropriate maximum council tax benefit, or alternative maximum council tax benefit to which a claimant is entitled under regulation 7A and this Schedule shall be calculated on a daily basis in accordance with Part 6 as it had effect for the relevant period. (7) Where it is determined that the claimant is entitled to council tax benefit in accordance with regulation 7A and this Schedule, the amount due shall be paid or allowed within 14 days of the date of that determination in accordance with regulation 77 (time and manner of granting council tax benefit). (2) The relevant authority in respect of a claim to which this Schedule applies is made, shall be solely responsible for paying or allowing any council tax benefit to which the claimant is entitled for the relevant period. (3) Subject to paragraph (4), where council tax is outstanding from the claimant to the relevant authority referred to in sub-paragraph (2), in respect of any part of the relevant period, that council tax shall be offset against any council tax benefit to which the claimant is entitled under this Schedule and only the balance remaining, (if any), shall be paid to the claimant. (4) Where council tax is outstanding from the claimant to an authority other than the relevant authority referred to in sub-paragraph (2) in respect of any part of the relevant period, council tax benefit due under this Schedule in respect of any such a part shall be paid to the authority concerned for the discharge of the council tax due. (8) Any council tax benefit which has otherwise been paid or allowed 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 7A 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. (9) Parts 1 to 6 of Schedule 8 to these Regulations (matters to be included in the decision notice) shall apply with respect to claims made in accordance with regulation 8.

(3) In its application to the Council Tax Benefit (State Pension Credit) Regulations, Schedule A1 shall have effect as if—

(a) for the reference to “regulation 74” in paragraph 5, there were substituted a reference to “ regulation 59 ”;

(b) for the reference to “Part 6” in paragraph 6, there were substituted a reference to “ Part 5 ”;

(d) for the reference to “Schedule 8” in paragraph 9, there were substituted a reference to “ Schedule 7 ”.

(4) For paragraph 37 of Schedule 4 to the Council Tax Benefit Regulations, substitute—

(37) Any housing benefit, including any amount of housing benefit to which a person is entitled by virtue of regulation 10A of the Housing Benefit Regulations 2006 .

(5) After paragraph 56 of Schedule 4 to the Council Tax Benefit Regulations, insert—

(56A) Any council tax benefit to which the claimant is entitled including any amount of council tax benefit to which a person is entitled by virtue of regulation 7A of the Council Tax Benefit Regulations (entitlement of a refugee to council tax benefit). (56B) Any amount of income support to which a person is entitled by virtue of regulation 21ZB of the Income Support Regulations (treatment of refugees).

(6) After paragraph 53 of Schedule 5 to the Council Tax Benefit Regulations, insert—

(53A) Any amount of council tax benefit to which a person is entitled by virtue of regulation 7A (entitlement of a refugee to council tax benefit) but only for a period of 52 weeks from the date that such an amount is received pursuant to that regulation. (53B) Any amount of income support to which a person is entitled by virtue of regulation 21ZB of the Income Support Regulations (treatment of refugees) but only for a period of 52 weeks from the date that such an amount is received pursuant to that regulation.

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—

(a) in Schedule A1 to both those Regulations—

(i) in paragraph 1, in sub-paragraph (1), for the words “his claim for housing benefit” to the end of the sub-paragraph, substitute “ his claim for housing benefit shall be treated as having been made on whichever of the dates specified in sub-paragraph (2) applies in his case ”;

(ii) for sub-paragraph (2), substitute—

(2) A claim for housing benefit to which sub-paragraph (1) refers shall be treated as made— (a) in the case of a claimant who made a claim for asylum upon arrival in the United Kingdom, on the date on which his claim for asylum was first refused by the Secretary of State or 5th February 1996 if that is later; or (b) in the case of a claimant whose claim for asylum was made other than on arrival in the United Kingdom, on the date of that claim for asylum or 5th February 1996 if that is later.

(iii) for paragraph 2, substitute—

(2) (1) A claim for housing benefit 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 shall be made to the relevant authority for the area in which the dwelling which he last occupied in that period was situate. (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— (a) in the case of a claimant who was notified by the Secretary of State in the period from 24th July 1996 to 15th October 1996 that he had been recorded as a refugee, within 28 days of the later date; (b) in any other case, within 28 days of a claimant being notified by 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.

(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(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—

(a) in Schedule A1 to both those Regulations—

(i) in paragraph 1, in sub-paragraph (1), for the words “his claim for council tax benefit” to the end of the sub-paragraph, substitute “ his claim for council tax benefit shall be treated as having been made on whichever of the dates specified in sub-paragraph (2) applies in his case ”;

(ii) for sub-paragraph (2), substitute—

(2) A claim for council tax benefit to which sub-paragraph (1) refers shall be treated as made— (a) in the case of a claimant who made a claim for asylum upon arrival in the United Kingdom, on the date on which his claim for asylum was first refused by the Secretary of State or 5th February 1996 if that is later; or (b) in the case of a claimant whose claim for asylum was made other than on arrival in the United Kingdom, on the date of that claim for asylum or 5th February 1996 if that is later.

(iii) for paragraph 2, substitute—

(2) (1) A claim for council tax benefit for the relevant period may be made to the relevant authority for the area where the dwelling in which the claimant resided was situate and in respect of which he was liable for council tax. (2) Where the claimant has resided in more than one such dwelling in the relevant period, only one claim for council tax benefit shall be made in respect of that period and shall be made to the relevant authority for the area in which the dwelling in which he last resided in that period was situate. (3) The relevant authority to which a claim for council tax 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 council tax benefit, to which this paragraph refers, shall be made— (a) in the case of a claimant who was notified by the Secretary of State in the period from 24th July 1996 to 15th October 1996 that he had been recorded as a refugee, within 28 days of the later date; (b) in any other case, within 28 days of a claimant being notified by the Secretary of State that he has been recorded as a refugee. (5) Regulation 69(14) of these Regulations (backdating of claims) shall not have effect with respect to claims to which this Schedule applies.

(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(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).

Signed

Signed by authority of the Secretary of State for Work and Pensions.

James Plaskitt — Parliamentary Under-Secretary of State, — 2006-02-02

Explanatory note

(This note is not part of the Order)

Footnotes

[^f00001]: 1992 c. 4; sections 123(1)(e) and 131 were amended to have effect in relation to council tax benefit by the Local Government Finance Act 1992 (c. 14), Schedule 9, paragraphs 1 and 4; section 136A was inserted by paragraph 3 of Schedule 2 to the State Pension Credit Act 2002 (c. 16); section 137(1) is an interpretation provision and is cited for the meaning of the words “family” and “prescribed”; sections 175(1) and (4) were amended by paragraph 29 of Schedule 3 to the Social Security Contributions (Transfer of Functions, etc.) Act 1999 (c. 2); and section 175(5) was amended by paragraph 36 of Schedule 1 to the Social Security (Incapacity for Work) Act 1994 (c. 18).

[^f00002]: 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”.

[^f00003]: 1996 c. 52.

[^f00004]: 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”.

[^f00005]: Seethe Social Security Administration Act 1992(c. 5), Schedule 7, Part 1, paragraph 10.

[^f00006]: S.I. 1987/1971

[^f00007]: S.I. 1992/1814.

[^f00008]: S.I. 2006/215.

[^f00009]: S.I. 2006/216.

[^f00010]: S.I. 2006/213.

[^f00011]: S.I. 2006/214.

[^f00012]: S.I. 1987/1967.

[^f00013]: Substituted by S.I. 1997/65.

[^f00014]: Regulation 51A was inserted by S.I. 1990/1776.

[^f00015]: Regulation 51A(3)(d) inserted by 1993/315.

[^f00016]: Schedule 3A was inserted by S.I. 1988/1445.

[^f00017]: Schedule 3B was inserted by S.I. 1989/534.

[^f00018]: See regulation 7 and Schedule 4, paragraph 2 for regulation 10A and Schedule A1 (claims by refugees).

[^f00019]: S.I. 1987/1968.

[^f00020]: Paragraph (1A) was inserted by S.I. 2005/337.

[^f00021]: Paragraph (4A) was inserted by S.I. 1991/2284.

[^f00022]: A relevant amending instrument is S.I. 1992/2595.

[^f00023]: Sub-paragraph (7) was inserted by S.I. 1992/2595.

[^f00024]: S.I. 1991/1995.

[^f00025]: S.I. 1992/1815. Revoked for certain purposes by S.I. 2001/155, as amended by S.I. 2003/347.

[^f00026]: Relevant amending instruments are S.I. 1995/1045 and S.I. 1995/3261.

[^f00027]: Relevant amending instruments are S.I. 1995/1045 and S.I. 1995/3261.

[^f00028]: S.I. 1992/2977.

[^f00029]: S.I. 1993/255; relevant amending instrument is 2004/3143.

[^f00030]: S.I. 1993/1065.

[^f00031]: S.I. 1993/1621.

[^f00032]: S.I. 1993/1949.

[^f00033]: S.I. 1995/1780.

[^f00034]: S.I. 1996/1623.

[^f00035]: S.I. 1996/207.

[^f00036]: Substituted by S.I. 1997/65.

[^f00037]: S.I. 1996/2745.

[^f00038]: S.I. 1996/2890.

[^f00039]: 1995 c. 26.

[^f00040]: 2002 c. 16.

[^f00041]: Amended by S.I. 2000/531 and 2000/973.

[^f00042]: See regulation 7 and Schedule 4, paragraph 3 for regulation 7A and Schedule A1 (claims by refugees).

[^f00043]: See regulation 7 and Schedule 4, paragraph 2 for regulation 10A and Schedule A1 (claims by refugees).

[^f00044]: Paragraph 67 was inserted by S.I. 2000/531 in relation to England and in relation to Wales by S.I. 2000/973.

[^f00045]: See regulation 7 and Schedule 4, paragraph 3 for regulation 7A and Schedule A1 (claims by refugees.

[^f00046]: See regulation 7 and Schedule 4, paragraph 2 for regulation 10A and Schedule A1 (claims by refugees).

[^f00047]: Paragraph 58 was inserted by S.I. 2000/531 in relation to England and in relation to Wales by S.I. 2000/973.

[^f00048]: S.I. 1997/1984.

[^f00049]: The definition of “relevant date” was inserted by S.I. 2003/2398.

[^f00050]: For regulation 13A, see Schedule 10, paragraph 7.

[^f00051]: For regulation 13A, see Schedule 9, paragraph 7.

[^f00052]: Regulation 3A was inserted by S.I. 2001/1325 and amended by S.I. 2001/2317.

[^f00053]: Regulation 4A was substituted by S.I. 2000/1.

[^f00054]: Regulation 4B was inserted by S.I. 2003/2398.

[^f00055]: Regulation 4C was inserted by S.I. 2003/2398.

[^f00056]: Regulation 4E was inserted by S.I. 2003/2398.

[^f00057]: Paragraph 7 was substituted by S.I. 2000/1. A relevant amending instrument is S.I. 2003/478.

[^f00058]: Schedule 3A was inserted by S.I. 2003/2398.

[^f00059]: S.I. 1997/1995 (S.144).

[^f00060]: The definition of “relevant date” was inserted by S.I. 2003/2398.

[^f00061]: For regulation 13A, see Schedule 10, paragraph 7.

[^f00062]: For regulation 13A, see Schedule 9, paragraph 7.

[^f00063]: Regulation 3A was inserted by S.I. 2001/1326 and amended by S.I. 2001/2318.

[^f00064]: Regulation 4A was substituted by S.I. 2000/3.

[^f00065]: Regulation 4B was inserted by S.I. 2003/2398.

[^f00066]: Regulation 4C was inserted by S.I. 2003/2398.

[^f00067]: Regulation 4E was inserted by S.I. 2003/2398.

[^f00068]: Paragraph 7 was substituted by S.I. 2000/3. A relevant amending instrument is S.I. 2003/478.

[^f00069]: Schedule 3A was inserted by S.I. 2003/2398.

[^f00070]: S.I. 1998/562.

[^f00071]: Paragraph (3) added by S.I. 2000/2340.

[^f00072]: Inserted by S.I. 2005/369.

[^f00073]: S.I. 1987/1971.

[^f00074]: S.I. 1992/1814.

[^f00075]: Amended by S.I. 2001/2350.

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