The Housing Benefit and Council Tax Benefit (Abolition of Benefit Periods) Amendment Regulations 2004

PART 5 Local Housing Allowance

Amendment of the Housing Benefit (General) (Local Housing Allowance) Amendment Regulations 2003 and the Housing Benefit Regulations

36.—(1) Regulation 14 of the Housing Benefit (General) (Local Housing Allowance) Amendment Regulations 2003(1) is hereby revoked.

(2) In relation to the area of a relevant authority specified in Schedule 1 to the Housing Benefit (General) (Local Housing Allowance) Amendment Regulations 2003 the Housing Benefit Regulations shall have effect subject to the following modifications and amendments—

(a) in regulation 2(1) in the definition of “relevant date”—

(i) in sub-paragraph (b) after the words “or relevant information relates” substitute “;” for “; or”;

(ii) in sub-paragraph (c) after “regulation 11A(1)(b)(iii) or (iv) relates;” insert “or”; and

(iii) after sub-paragraph (c) insert the following sub-paragraph—

“(d) the date on which the period mentioned in regulation 12A(1)(d) or (e) has elapsed.”.

(b) in regulation 10(3B) after “11A(1)(a) or (b)(i), (ii) or (iii)” insert “or (c)”;

(c) in regulation 11A(1) after sub-paragraph (b) insert the following sub-paragraph—

“(c) a pathfinder authority is required to apply to a rent officer for a determination in accordance with regulation 12A(1)(d) or (e).”; and

(d) in regulation 12A after paragraph (2B) insert the following paragraph—

“(2C) An application shall not be required in accordance with paragraph (1)(d) or (e) unless—

(a) it is a case to which regulation 11A(2) applies; and

(b) a referral would fall to be made were the relevant authority not a pathfinder authority.”.

(1)

S.I. 2003/2399.