The Housing Benefit (General) Amendment Regulations 1995

Explanatory Note

(This note is not part of the Regulations)

These Regulations further amend the Housing Benefit (General) Regulations 1987 (S.I. 1987/1971). These Regulations make and further amend provisions relating to maximum eligible rent in cases where housing benefit is payable, including conferring a discretion on local authorities to pay a lesser sum in appropriate cases (regulations 3, 4 & 5). They also require local authorities to make certain requests for determinations and redeterminations from rent officers and provide for their consequences (regulations 6 & 8) and add a discretion to pay more benefit than would otherwise be payable by reason of these Regulations (regulation 7).

These Regulations also make saving provisions in relation to housing benefit claimants whose entitlement to housing benefit commenced before these Regulations come into force (regulation 10) and extend this protection to the partners of such claimants, members of the household of deceased claimants in certain circumstances and occupants of exempt accommodation. They also make transitional provision for additional circumstances in which local authorities shall apply to rent officers for determinations (regulation 11).

These Regulations do not impose a charge on business.

The Report of the Social Security Advisory Committee dated 11th May 1995 on the proposals referred to them, together with a statement showing the extent to which these Regulations give effect to the Report and, in so far as they do not give effect to it, the reasons why not, are contained in Command Paper Cm. 2902, published by Her Majesty’s Stationery Office.