The Housing Benefit and Council Tax Benefit (Extended Payments) Amendment Regulations 2008

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations amend:

• 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,

so as to include new provisions for extended payments. Extended payments are payments of housing benefit or council tax benefit which are payable for a limited period in certain circumstances where a claimant or the claimant’s partner has ceased to be entitled to a qualifying income-related benefit or a qualifying contributory benefit.

Regulation 2 amends the Housing Benefit Regulations to provide extended payments for those who come off a qualifying income-related benefit.

Regulation 2(2) substitutes new regulations 72 to 72D for regulation 72 the Housing Benefit Regulations.

New regulation 72 sets out when an extended payment of housing benefit is payable.

Regulation 72A provides the period during which the claimant will be entitled to the extended payment, known as the extended payment period.

Regulation 72B provides how the extended payment will be calculated.

Regulation 72C provides how an extended payment will be calculated if the claimant moves to another local authority area during the course of the extended payment period.

Regulation 72D provides how the extended payment relates to the underlying housing benefit entitlement.

Regulation 2(3) makes amendments to the provisions which require local authorities to share information relating to extended payments in certain circumstances.

Regulation 3 provides equivalent extended payments for those who come off a qualifying contributory benefit.

Regulation 4 makes amendments to the Housing Benefit Regulations 2006 which are consequential upon the other amendments made by these Regulations.

Regulations 5 and 6 make similar amendments to the Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 2006 for those who come off a qualifying contributory benefit, equivalent to those made by regulations 3 and 4.

Regulations 7 to 9 make amendments to the Council Tax Benefit Regulations 2006 equivalent to those made by regulations 2 to 4.

Regulations 10 and 11 make amendments to the Council Tax Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 2006 equivalent to those made by regulations 5 and 6.

An impact assessment has not been prepared for this instrument as it has no impact on business, charities or the voluntary sector.