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

Amendment of Schedule 5A to the Housing Benefit Regulations and Schedule 5A to the Council Tax Benefit Regulations

23.—(1) In Schedule 5A M1 to the Housing Benefit Regulations (extended payments of housing benefit)—

(a) paragraph 1 shall be omitted;

(b) the following paragraph shall be inserted before paragraph 2—

“1A.   Until 25th October 2004 this Schedule shall have effect subject to the following provisions of this paragraph—

(a) after paragraph 3 there shall be inserted—

“3A.   The condition referred to in regulation 62A(1)(c) is that the Secretary of State has certified to the relevant authority—

(a) that regulation 6(2) of the Income Support (General) Regulations 1987 applies to the claimant;

(b) the date on which the claimant was first engaged in the work referred to in regulation 6(2)(a) of those Regulations; and

(c) the date on which his entitlement to income support or an income-based jobseeker’s allowance ceased or is expected to cease.”;

(b) in sub-paragraph (4) of paragraph 4 for “62A(5)(a)” there shall be substituted “ 62A(6) or (9), as the case may be, ”; and

(c) in paragraph 8(b) for “62A(5)(a)” there shall be substituted “ 62A(6) or (9), as the case may be. ”.”;

(c) in paragraph 2(e)—

(i) head (i) shall be omitted;

(ii) for head (ii) there shall be substituted—

“a claimant satisfies the conditions of this sub-paragraph if he has been entitled to and in receipt of a combination of income support and a jobseeker’s allowance for at least 26 weeks and for the purposes of this sub-paragraph, a reference to the claimant being entitled to and in receipt of a jobseeker’s allowance shall include a reference to the claimant and his partner being entitled to and in receipt of a joint-claim jobseeker’s allowance;”;

(d) in paragraph 3—

(i) after sub-paragraph (a)(ii) there shall be inserted—

“or

(iii) has commenced, or is about to commence, an increased number of hours of work,; and”

(ii) in sub-paragraph (b) after “in sub-paragraph (a)(ii)” there shall be inserted “ , or first commences the increased number of hours of work referred to in sub-paragraph (a)(iii) ”;

(e) in paragraph 4—

(i) in sub-paragraph (1) for the words “the termination of the relevant benefit period” there shall be substituted “ he ceased to be entitled to housing benefit ”; and

(ii) in sub-paragraph (2) the words “in the relevant benefit period” shall be omitted;

(iii) in sub-paragraph (3)—

(aa) for the words “the termination of the relevant benefit period” in the first place that they occur there shall be substituted “ he ceased to be entitled to housing benefit ”;

(bb) for the words “the termination of the relevant benefit period” in the second place that they occur there shall be substituted “ he cased to be entitled to housing benefit ”;

(iv) in sub-paragraph (4) for “62A(5)(a)” there shall be substituted “ 62A(6) ”;

(f) in paragraph 6(1)—

(i) for the words “the ending of the relevant benefit period” there shall be substituted “ the mover ceasing to be entitled to housing benefit ”; and

(ii) for the words “the termination of the relevant benefit period” there shall be substituted “ he ceased to be entitled to housing benefit ”;

(g) in paragraph 8(b) for “62A(5)(a)” there shall be substituted “ 62A(6) ”; and

(h) in paragraph 12(1)—

(i) the following definitions shall be omitted—

(aa) “the last day”;

(bb) “the relevant benefit period”; and

(ii) for the definition of “second dwelling” there shall be substituted—

““second dwelling” means the dwelling to which a person has moved or is about to move which he is or will be occupying as his new home, and where the liability to make payments of rent in respect of his dwelling follows on immediately from the liability to make payments in respect of rent of his previous dwelling;”; and

(i) in paragraph 12(1) in the definition of the word “claimant” the words “, subject to sub-paragraph (2),” and paragraph 12(2) shall be omitted with effect from 25th October 2004.

(2) In Schedule 5A M2 to the Council Tax Benefit Regulations (extended payment of council tax benefit)—

(a) paragraph 1 shall be omitted;

(b) the following paragraph shall be inserted before paragraph 2—

“1A.   Until 25th October 2004 this Schedule shall have effect subject to the following provisions of this paragraph—

(a) after paragraph 3 there shall be inserted—

“3A.   The condition referred to in regulation 53A(1)(c) is that the Secretary of State has certified to the relevant authority—

(a) that regulation 6(2) of the Income Support (General) Regulations 1987 applies to the claimant;

(b) the date on which the claimant was first engaged in the work referred to in regulation 6(2)(a) of those Regulations; and

(c) the date on which his entitlement to income support or an income-based jobseeker’s allowance ceased or is expected to cease.”; and

(b) in paragraphs 6 and 7 for “53A(5)(a)” in both places that it occurs there shall be substituted “ 53A(6) or (9), as the case may be ”.”;

(c) in paragraph 2(e)—

(i) head (i) shall be omitted;

(ii) for head (ii) there shall be substituted—

“a claimant satisfies the conditions of this sub-paragraph if he has been entitled to and in receipt of a combination of income support and a jobseeker’s allowance for at least 26 weeks and for the purposes of this sub-paragraph, a reference to the claimant being entitled to and in receipt of a jobseeker’s allowance shall include a reference to the claimant and his partner being entitled to and in receipt of a joint-claim jobseeker’s allowance;”;

(d) in paragraph 3—

(i) after sub-paragraph (a)(ii) there shall be inserted—

“or

(iii) has commenced, or is about to commence, an increased number of hours of work,”; and

(ii) in sub-paragraph (b) after “in sub-paragraph (a)(ii)” there shall be inserted “ , or first commences the increased number of hours of work referred to in sub-paragraph (a)(iii) ”;

(e) in paragraph 4 for the words “the termination of the relevant benefit period” substitute “ he ceased to be entitled to council tax benefit ”;

(f) in paragraphs 6 and 7 for “53A(5)(a)” in both places that it occurs there shall be substituted “ 53A(6) ”; and

(g) in paragraph 8(1)—

(i) the following definitions shall be omitted—

(aa) “the last day”;

(bb) “the relevant benefit period”; and

(ii) for the definition of “second dwelling” there shall be substituted—

““second dwelling” means the dwelling to which a person has moved, or is about to move, in which he is, or will be, resident and in respect of which he is or will be liable to pay council tax”; and

(h) in paragraph 8(1) the words “, subject to sub-paragraph (2),” in the definition of “claimant”, and paragraph 8(2) shall be omitted with effect from 25th October 2004.

Marginal Citations

M1 Schedule 5A was inserted by S.I. 1996/194; relevant amending instruments are S.I. 1996/1510, 1999/2556, 2000/724, 2001/537 and 1605 and 2002/1397.

M2 Schedule 5A was inserted by S.I. 1996/194; relevant amending instruments are S.I. 1996/1510, 1999/2556, 2000/724, 2001/537 and 1605.