Amendment of the Housing Benefit Regulations 20062
1
The Housing Benefit Regulations 20064 shall be amended as follows.
2
In regulation 76 (date on which entitlement is to commence)—
a
for paragraph (3)(c)5 substitute—
c
he becomes liable in that benefit week to make payments, which fall due on a daily basis, in respect of the accommodation listed in paragraph (4) which he occupies as his home.
b
after regulation 76(3) insert—
4
The accommodation referred to in paragraph (3)(c) is—
a
a hostel;
b
c
accommodation which the authority holds on a licence agreement where the payments are to an authority under section 206(2) of the Housing Act 1996 or section 35(2)(b) of the Housing (Scotland) Act 1987; or
d
accommodation outside that authority’s Housing Revenue Account which the authority holds on a lease granted for a term not exceeding 10 years.
5
In this regulation—
“board and lodging accommodation” means—
- a
accommodation provided to a person or, if he is a member of a family, to him or any other member of his family, for a charge which is inclusive of the provision of that accommodation and at least some cooked or prepared meals which both are cooked or prepared (by a person other than a person to whom the accommodation is provided or by a member of his family) and are consumed in that accommodation or associated premises; or
- b
accommodation provided to a person in a hotel, guest house, lodging house or some similar establishment,
but it does not include accommodation in a care home, an Abbeyfield Home, an independent hospital or a hostel; and
“Housing Revenue Account” has the same meaning as for the purposes of Part VIII of the Social Security Administration Act 1992.
3
In regulation 79(8)8 (date on which change of circumstances is to take effect) omit the words “in respect of a hostel”.