The Housing Benefit and Council Tax Benefit (Miscellaneous Amendments) Regulations 2004

Local housing allowance

5.—(1) In relation to the area of a relevant authority specified in Schedule 1 to the Housing Benefit (General) (Local Housing Allowance) Amendment Regulations 2003(1) the Housing Benefit Regulations shall have effect subject to the modifications and amendments set out in paragraphs (2), (3) and (4).

(2) In regulation 10(2) (rent)—

(a) in paragraph (3B) after the words “or (b)(i), (ii) or (iii)” insert the words “(aa)”;

(b) in paragraph (3D) after the words “(b)(i),(ii) or (iv)” insert the words “(aa) to (cc)”;

(c) in sub-paragraphs (a) to (e) of paragraph (3I) after the words “in accordance with paragraph (3A) which is equal to or exceeds it”, in each place they occur, insert the words “or is based on a maximum rent (standard local rate) determined by virtue of regulation 11A(1)(b)(iv)(dd)”.

(3) In regulation 11A(3) (maximum rent (standard local rate))—

(a) in sub-paragraph (b) of paragraph (1)—

(i) in head (iii) number the words from “a notification of a change” to the end of that head as sub-head (aa) and after that sub-head insert the following sub-head—

“(bb) a notification of a change of dwelling where the change occurs on or after the 9th April 2004; or”;

(ii) in head (iv)—

(aa) after sub-head (bb) omit the word “or”; and

(bb) after sub-head (cc) insert the following sub-head—

“;or

(dd) notification of a change of dwelling; or”; and

(b) in paragraph (9), at the appropriate place, insert—

“change of dwelling” has the same meaning as in regulation 12A;”.

(4) In paragraph (2B) of regulation 12A after the words “paragraph (1)(a), (aa), (b)” insert the words “,(bb)”.

(1)

S.I. 2003/2399.

(2)

Relevant amending instruments are S.I. 2003/2399 and 2004/14.

(3)

Regulation 11A was inserted by S.I. 2003/2399 and amended by S.I. 2004/14.