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The Housing Benefit and Council Tax Benefit (Consequential Provisions) Regulations 2006

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Amendment of the Income-Related Benefits (Subsidy to Authorities) Order 1998

This sectionnoteType=Explanatory Memorandum has no associated

13.  (1)  The Income-Related Benefits (Subsidy to Authorities) Order 1998(1) shall be amended in accordance with the provisions of this paragraph.

(2) In article 11(interpretation of Part III)—

(a)in paragraph (1)—

(i)in the definition of “board and lodging accommodation”, for “regulation 12A of the Housing Benefit Regulations”, substitute “regulation 14 of the Housing Benefit Regulations or, as the case may be, regulation 14 of the Housing Benefit (State Pension Credit) Regulations”;

(ii)for the definition of “the Council Tax Benefit Regulations”, substitute —

“the Council Tax Benefit Regulations” means the Council Tax Benefit Regulations 2006;;

(iii)after the definition of “the Council Tax Benefit Regulations”, insert—

“the Council Tax Benefit (State Pension Credit) Regulations” means the Council Tax Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 2006;;

(iv)for the definition of “the Housing Benefit Regulations”, substitute—

“the Housing Benefit Regulations” means the Housing Benefit Regulations 2006;;

(v)after the definition of “the Housing Benefit Regulations”, insert—

“the Housing Benefit (State Pension Credit) Regulations” means the Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 2006;;

(vi)for “the Housing Benefit Regulations or Council Tax Benefit Regulations”, substitute “the Housing Benefit Regulations, the Housing Benefit (State Pension Credit) Regulations, the Council Tax Benefit Regulations or the Council Tax Benefit (State Pension Credit)Regulations”.

(b)in paragraph (2), in the definition of “qualifying expenditure”, for “regulation 91”, substitute “regulation 93” and after “Housing Benefit Regulations”, insert “and regulation 74 of the Housing Benefit (State Pension Credit) Regulations”; and

(c)in paragraph (3)(2), for “regulation 97 or 102 of the Housing Benefit Regulations” substitute “regulation 98 or 102 of the Housing Benefit Regulations or, as the case may be, regulation 79 or 83 of the Housing Benefit (State Pension Credit) Regulations”.

(3) In article 14(1)(a) (backdated benefit), for “paragraph (15) of regulation 72 of the Housing Benefit Regulations or paragraph (16) of regulation 62 of the Council Tax Benefit Regulations”, substitute “regulation 83(12) of the Housing Benefit Regulations or, as the case may be, regulation 64(13) of the Housing Benefit (State Pension Credit) Regulations, regulation 69(13) of the Council Tax Benefit Regulations or regulation 53(13) of the Council Tax Benefit (State Pension Credit) Regulations”.

(4) In article 15(8) (disproportionate rent increase), in the definition of “rent” for “sub-paragraphs (a) to (j) in paragraph (1) of regulation 10 of the Housing Benefit Regulations”, substitute “sub-paragraphs (a) to (j) in paragraph (1) of regulation 12 of the Housing Benefit Regulations or, as the case may be, sub-paragraphs (a) to (j) in paragraph (1) of regulation 12 of the Housing Benefit (State Pension Credit) Regulations”.

(5) In article 15A (disproportionate rent increase-Wales)(3), in paragraph (8) in sub-paragraph (a) of the definition of “rent”, for “regulation 10 of the Housing Benefit Regulations”, substitute “ regulation 12 of the Housing Benefit Regulations or, as the case may be, regulation 12 of the Housing Benefit (State Pension Credit) Regulations”.

(6) In article 16 (treatment of high rents)—

(a)in paragraph (2), for the words following “by virtue of” to the end of the paragraph, substitute—

(a)paragraph 1 and any of paragraphs 3 to 11 of Schedule 2 to the Housing Benefit Regulations (excluded tenancies); or

(b)paragraph 1 and any of paragraphs 3 to 11 of Schedule 2 to the Housing Benefit (State Pension Credit) Regulations (excluded tenancies); and

(b)in paragraph (4)—

(i)in sub-paragraph (b), for “regulation 91”, substitute “regulation 93” and after “Housing Benefit Regulations” insert “ or, as the case may be, regulation 74 of the Housing Benefit (State Pension Credit) Regulations”;

(ii)in sub-paragraph (c), for “regulation 11(9) of the Housing Benefit Regulations” substitute “ regulation 13(14) of the Housing Benefit Regulations or, as the case may be, regulation 13(14) of the Housing Benefit (State Pension Credit) Regulations”.

(7) In article 18 (additions to subsidy)—

(a)in paragraph (5)(b)(ii)—

(i)for “regulation 75 of the Housing Benefit Regulations”, substitute “regulation 88 of the Housing Benefit Regulations, regulation 69 of the Housing Benefit (State Pension Credit) Regulations”; and

(ii)for “or of regulation 65 of the Council Tax Benefit Regulations”, substitute “, regulation 74 of the Council Tax Benefit Regulations or regulation 59 of the Council Tax Benefit (State Pension Credit) Regulations “;

(b)in paragraph (8), for “paragraph (15) of regulation 72 of the Housing Benefit Regulations, paragraph (16) of regulation 62 of the Council Tax Benefit Regulations”, substitute “paragraph (12) of regulation 83 of the Housing Benefit Regulations, paragraph (13) of regulation 64 of the Housing Benefit (State Pension Credit) Regulations, paragraph (13) of regulation 69 of the Council Tax Benefit Regulations of paragraph (13) of regulation 53 of the Council Tax Benefit (State Pension Credit) Regulations”.

(8) In article 19 (deductions to be made in calculating subsidy) in paragraph (1), in sub-paragraph (g)(ii)—

(a)for “Housing Benefit Regulations”, substitute “Housing Benefit (General) Regulations 1987(4)”;

(b)for “Council Tax Benefit Regulations”, substitute “Council Tax Benefit (General) Regulations 1992(5)”;

(c)for “or paragraph (18) of regulation 60 of the Community Charge Benefits Regulations”, substitute “, paragraph (18) of regulation 60 of the Community Charge Benefits Regulations, paragraph (12) of regulation 83 of the Housing Benefit Regulations, paragraph (13) of regulation 64 of the Housing Benefit (State Pension Credit) Regulations, paragraph (13) of regulation 69 of the Council Tax Benefit Regulations or paragraph (13) of regulation 53 of the Council Tax Benefit (State Pension Credit) Regulations”.

(9) In article 23 (transitional provisions in relation to rent officer determinations), in paragraph (2)(a), for “Housing Benefit Regulations”, substitute “Housing Benefit (General) Regulations 1987”.

(10) In Schedule 4 (high rents and rent allowances)—

(a)in paragraph 4, for “regulation 12A(2) of the Housing Benefit Regulations”, substitute “regulation 14(4) of the Housing Benefit Regulations or, as the case may be, regulation 14(4) of the Housing Benefit (State Pension Credit) Regulations”;

(b)in paragraph 5, for “paragraph 2 of Schedule 1A to the Housing Benefit Regulations”, substitute “paragraph 2 of Schedule 2 to the Housing Benefit Regulations or, as the case may be, paragraph 2 of Schedule 2 to the Housing Benefit (State Pension Credit) Regulations”;

(c)in paragraph 6, for “regulation 12A of the Housing Benefit Regulations”, substitute “regulation 14 of the Housing Benefit Regulations or, as the case may be, regulation 14 of the Housing Benefit (State Pension Credit) Regulations”;

(d)in both paragraph 7(b) and 8(1)(b) (rent officers' property-specific rent and claim related rent) for “under sub-paragraphs (a)(iv)(cc), (c) and (f) of paragraph 1 of Schedule 1 (ineligible service charges) and Schedule 1B (service charges for claimants in supported accommodation) to the Housing Benefit Regulations”, substitute “under sub-paragraphs (a)(iv)(c) and (f) of paragraph 1 of Schedule 1 to the Housing Benefit Regulations or, as the case may be, under sub-paragraphs (a)(iv)(c) and (f) of paragraph 1 of Schedule 1 to the Housing Benefit (State Pension Credit) Regulations (ineligible service charges)”;

(e)in paragraph 10, for “Housing Benefit Regulations”, substitute “Housing Benefit (General) Regulations 1987”;

(f)in paragraph 11—

(i)in sub-paragraph (1)(a), for “regulation 91 of the Housing Benefit Regulations”, substitute “regulation 93 of the Housing Benefit Regulations or, as the case may be, regulation 74 of the Housing Benefit (State Pension Credit) Regulations”; and

(ii)in sub-paragraph (2)(b), for “regulation 91(3) or regulation 99 (recoverable overpayments) of the Housing Benefit Regulations” substitute “regulation 93(3) or regulation 100 (recoverable overpayments) of the Housing Benefit Regulations or, as the case may be, regulation 74(3) or regulation 81 of the Housing Benefit (State Pension Credit) Regulations”;

(g)in paragraph 12 (relevant date)—

(i)in sub-paragraph (c)(i), for “regulation 12A(8) of the Housing Benefit Regulations”, substitute “regulation 14(10) of the Housing Benefit Regulations or, as the case may be, regulation 14(10) of the Housing Benefit (State Pension Credit) Regulations”;

(ii)in sub-paragraph (c)(ii), for “regulation 12A of the Housing Benefit Regulations”, substitute “regulation 14 of the Housing Benefit Regulations or, as the case may be, regulation 14 of the Housing Benefit (State Pension Credit) Regulations”; and

(iii)in sub-paragraph (c), for “regulation 68 of the Housing Benefit Regulations” substitute “regulation 79 of the Housing Benefit Regulations or, as the case may be, regulation 59 of the Housing Benefit (State Pension Credit) Regulations”;

(h)in paragraph 15, for “regulation 11(9) of the Housing Benefit Regulations”, substitute “regulation 13(14) of the Housing Benefit Regulations or, as the case may be, regulation 13(14) of the Housing Benefit (State Pension Credit) Regulations”;

(i)in paragraph 16 (apportionment), for “regulation 10(5) of the Housing Benefit Regulations” substitute “regulation 12(5) of the Housing Benefit Regulations or, as the case may be, regulation 12(5) of the Housing Benefit (State Pension Credit) Regulations”;

(j)in paragraph 17(1)(6) (interpretation)—

(i)in the definition of “appropriate indicative rent level”, for “paragraph 1A of Part II of Schedule 1 to the Housing Benefit Regulations” substitute “paragraph 2 of Part 1 of Schedule 1 to the Housing Benefit Regulations or, as the case may be, paragraph 2 of Part 1 of Schedule 1 to the Housing Benefit (State Pension Credit) Regulations”;

(ii)in the definition of “ineligible amounts”—

(aa)in sub-paragraph (a)(i) for “paragraph 1A of Schedule 1 to the Housing Benefit Regulations” substitute “paragraph 2 of Part 1 of Schedule 1 to the Housing Benefit Regulations or, as the case may be, paragraph 2 of Part 1 of Schedule 1 to the Housing Benefit (State Pension Credit) Regulations”;

(bb)for sub-paragraph (a)(ii), substitute—

(ii)where the dwelling is a hostel as defined in regulation 2(1) of the Housing Benefit Regulations or, as the case may be, regulation 2(1) of the Housing Benefit (State Pension Credit) Regulations (interpretation), any amount ineligible to be met by housing benefit under (as the case may be)—

(aa)paragraph 1 of Schedule 1 to the Housing Benefit Regulations (ineligible service charges), other than sub-paragraphs (d) to (f) of that paragraph; or

(bb)paragraph 1 of Schedule 1 to the Housing Benefit (State Pension Credit) Regulations (ineligible service charges), other than sub-paragraphs (d) to (f) of that paragraph;;

(cc)in sub-paragraph (b)(i), for “under Part II of Schedule 1 to the Housing Benefit Regulations” substitute “under Part 2 of Schedule 1 to the Housing Benefit Regulations or, as the case may be, Part 2 of Schedule 1 to the Housing Benefit (State Pension Credit) Regulations”;

(dd)in sub-paragraph (b)(ii), for “paragraph 1A of Schedule 1 to the Housing Benefit Regulations”, substitute “paragraph 2 of Schedule 1 to the Housing Benefit Regulations or, as the case may be, paragraph 2 of Schedule 1 to the Housing Benefit (State Pension Credit) Regulations”;

(ee)in sub-paragraph (b)(iii), for “paragraph 1 of Schedule 1 to those Regulations (ineligible service charges), other than sub-paragraphs (d) to (f) of that paragraph”, substitute “paragraph 1 of Schedule 1 to those Regulations or, as the case may be, paragraph 1 of Schedule 1 to the Housing Benefit (State Pension Credit) Regulations (ineligible service charges), other than sub-paragraphs (d) to (f) of those paragraphs”;

(iii)in the definition of “property-specific rent less ineligible amounts”, for “paragraph 1(a)(i) or 4 of Schedule 1 to the Housing Benefit Regulations”, substitute “paragraph 1(a)(i) or paragraph 5 of Schedule 1 to the Housing Benefit Regulations or, as the case may be, paragraph 1(a)(i) or paragraph 5 of Schedule 1 to the Housing Benefit (State Pension Credit) Regulations”

(iv)in the full out words, for the words “and in regulation 11 of the Housing Benefit Regulations”, substitute “and (as the case may be) in regulation 13 of the Housing Benefit Regulations or regulation 13 of the Housing Benefit (State Pension Credit) Regulations”.

(11) In Schedule 4A(7) (rent rebate limitation deductions (housing revenue account dwellings) in paragraph 1—

(a)in the definition of “rent”, for “regulation 10(1) of the Housing Benefit Regulations”, substitute “regulation 12(1) of the Housing Benefit Regulations or, as the case may be, regulation 12(1) of the Housing Benefit (State Pension Credit) Regulations”;

(b)in the definition of “service charge” for “regulation 10(1)(e) of the Housing Benefit Regulations” substitute “regulation 12(1)(e) of the Housing Benefit Regulations or, as the case may be, regulation 12(1)(e) of the Housing Benefit (State Pension Credit) Regulations”; and

(c)in paragraph (b) of the definition of “service charge”, for “Housing Benefit Regulations” substitute “Housing Benefit (General) Regulations 1987(8)”.

(1)

S.I. 1998/562.

(2)

Paragraph (3) added by S.I. 2000/2340.

(3)

Inserted by S.I. 2005/369.

(4)

S.I. 1987/1971.

(5)

S.I. 1992/1814.

(6)

Amended by S.I. 2001/2350.

(7)

Schedule 4A inserted by S.I. 2004/646.

(8)

S.I. 1987/1971.

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