The Council Tax Benefit and Housing Benefit (Miscellaneous Amendments) Regulations 1996

PART 1 GENERAL

Citation, commencement and interpretation

1.—(1) These Regulations may be cited as the Council Tax Benefit and Housing Benefit (Miscellaneous Amendments) Regulations 1996 and shall come into force on 15th October 1996.

(2) In these Regulations —

(a) “the Council Tax Benefit Regulations” means the Council Tax Benefit (General) Regulations 1992(1);

(b) “the Housing Benefit Regulations” means the Housing Benefit (General) Regulations 1987(2).

PART 2 COUNCIL TAX BENEFIT

Amendment of regulation 4A of the Council Tax Benefit Regulations

2.—(1) Regulation 4A of the Council Tax Benefit Regulations (persons from abroad)(3) shall be amended in accordance with the following paragraphs —

(a) in paragraph (1) at the end there shall be added the words, “but this paragraph shall not have effect in respect of a person to whom and for a period to which regulation 4D and Schedule A1 apply.”;

(b) for head (ii) in paragraph (4)(e) there shall be substituted the following head —

“(ii) a refugee;”;

(c) in paragraph (7) the following definition shall be added at the end —

““refugee” in this regulation, regulation 4D (entitlement of a refugee to council tax benefit) and Schedule A1 (treatment of claims for council tax benefit by refugees) means a person recorded by the Secretary of State as a refugee within the definition in Article 1 of the Convention relating to the Status of Refugees(4).”.

Insertion of regulation 4D in the Council Tax Benefit Regulations

3.  After regulation 4C of the Council Tax Benefit Regulations (persons from abroad)(5) there shall be inserted the following regulation —

“Entitlement of a refugee to council tax benefit

4D.   Where a person, who has made a claim for asylum, is notified that he has been recorded by the Secretary of State as a refugee, these Regulations shall have effect with respect to his entitlement to council tax benefit for the relevant period which applies in his case in accordance with Schedule A1 (treatment of claims for council tax benefit by refugees) but subject to the provisions of that Schedule.”.

Amendment of Schedule 4 to the Council Tax Benefit Regulations

4.  In Schedule 4 to the Council Tax Benefit Regulations (sums to be disregarded in the calculation of income other than earnings) —

(a) in paragraph 36 the following words shall be added at the end —

“, including any amount of housing benefit to which a person is entitled by virtue of regulation 7B of the Housing Benefit (General) Regulations 1987 (entitlement of a refugee to housing benefit).”; and

(b) the following paragraphs shall be added at the end —

“60.   Any amount of council tax benefit to which a person is entitled by virtue of regulation 4D above (entitlement of a refugee to council tax benefit).

61.   Any amount of income support to which a person is entitled by virtue of regulation 21ZA of the Income Support (General) Regulations 1987 (treatment of refugees)(6).”.

Amendment of Schedule 5 to the Council Tax Benefit Regulations

5.  In Schedule 5 to the Council Tax Benefit Regulations (capital to be disregarded)—(7);

(a) in paragraph 34 the following words shall be added at the end —

“, including any amount of housing benefit to which a person is entitled by virtue of regulation 7B of the Housing Benefit (General) Regulations 1987 (entitlement of a refugee to housing benefit) but only for a period of 52 weeks from the date that such an amount is received pursuant to that regulation.”;

(b) the following paragraphs shall be added at the end —

“50.   Any amount of council tax benefit to which a person is entitled by virtue of regulation 4D above (entitlement of a refugee to council tax benefit) but only for a period of 52 weeks from the date that such an amount is received pursuant to that regulation.

51.   Any amount of income support to which a person is entitled by virtue of regulation 21ZA of the Income Support (General) Regulations 1987 (treatment of refugees) but only for a period of 52 weeks from the date that such an amount is received pursuant to that regulation.”.

Insertion of Schedule A1 to the Council Tax Benefit Regulations

6.  There shall be inserted before Schedule 1 to the Council Tax Benefit Regulations a new Schedule A1 (treatment of claims for council tax benefit by refugees) which is specified in Schedule 1 to these Regulations.

Consequential amendments to the Council Tax Benefit Regulations

7.  The Council Tax Benefit Regulations shall be further amended in accordance with the following paragraphs —

(a) in regulation 8 (applicable amounts) for the words “and 10” to “patients)” there shall be substituted the words “, 10 and Schedule A1 (polygamous marriages, patients, and treatment of claims for council tax benefit by refugees)”;

(b) in regulation 9 (polygamous marriages) for the words “regulation 10 (patients)” there shall be substituted the words “regulation 10 and Schedule A1 (patients and treatment of claims for council tax benefit by refugees)”;

(c) in paragraph (1) of regulation 10 (patients) at the beginning there shall be inserted the words “Subject to Schedule A1 (treatment of claims for council tax benefit by refugees),”;

(d) in regulation 62(1) (time and manner in which claims are to be made) at the end there shall be added the words “or paragraph 4 of Schedule A1 (treatment of claims for council tax benefit by refugees)”;

(e) in regulation 63(1) (evidence and information) at the beginning there shall be inserted the words “Subject to paragraph 4 of Schedule A1 (treatment of claims for council tax benefit by refugees),”;

(f) in regulation 66(2) (who is to make a determination) —

(i) in sub-paragraph (a) at the end there shall be added the words “or paragraph 1 of Schedule A1 (treatment of claims for council tax benefit by refugees)”;

(ii) in sub-paragraph (b) after the words “regulation 63” there shall be inserted the words “or paragraph 4 of Schedule A1”.

PART 3 HOUSING BENEFIT

Amendment of regulation 7A of the Housing Benefit Regulations

8.—(1) Regulation 7A of the Housing Benefit Regulations (persons from abroad)(8) shall be amended in accordance with the following paragraphs —

(a) in paragraph (1) at the end there shall be added the words, “but this paragraph shall not have effect in respect of a person to whom and for a period to which regulation 7B and Schedule A1 apply.”;

(b) for head (ii) in paragraph (4)(e) there shall be substituted the following head —

“(ii) a refugee;”;

(c) in paragraph (7) the following definition shall be added at the end —

““refugee” in this regulation, regulation 7B (entitlement of a refugee to housing benefit) and Schedule A1 (treatment of claims for housing benefit by refugees), means a person recorded by the Secretary of State as a refugee within the definition in Article 1 of the Convention relating to the Status of Refugees(9).”.

Insertion of regulation 7B in the Housing Benefit Regulations

9.  After regulation 7A of the Housing Benefit Regulations (persons from abroad) there shall be inserted the following regulation —

“Entitlement of a refugee to housing benefit

7B.— (1) Where a person, who has made a claim for asylum, is notified that he has been recorded by the Secretary of State as a refugee, these Regulations shall have effect with respect to his entitlement to housing benefit for the relevant period which applies in his case in acordance with Schedule A1 (treatment of claims for housing benefit by refugees), but that entitlement is —

(a) subject to the provisions of Schedule A1; and

(b) with respect to regulations 10 (rent) and 11 (maximum rent), subject to regulation 10(5A) of the Housing Benefit (General) Amendment Regulations 1995 (saving)(10).

(2) Any housing benefit which is payable in consequence of this regulation shall be in the form of a rent allowance.”.

Amendment of Schedule 4 to the Housing Benefit Regulations

10.  In Schedule 4 to the Housing Benefit Regulations (sums to be disregarded in the calculation of income other than earnings) —

(a) in paragraph 51(11) the following words shall be added at the end —

“including any amount of council tax benefit to which a person is entitled by virtue of regulation 4D of the Council Tax Benefit (General) Regulations 1992 (entitlement of a refugee to council tax benefit).”;

(b) the following paragraphs shall be added at the end —

“61.   Any amount of housing benefit to which a person is entitled by virtue of regulation 7B above (entitlement of a refugee to housing benefit).

62.   Any amount of income support to which a person is entitled by virtue of regulation 21ZA of the Income Support (General) Regulations 1987 (treatment of refugees)(12).”.

Amendment of Schedule 5 to the Housing Benefit Regulations

11.  In Schedule 5 to the Housing Benefit Regulations (capital to be disregarded) —

(a) in paragraph 45(13) the following words shall be added at the end —

“, including any amount of council tax benefit to which a person is entitled by virtue of regulation 4D of the Council Tax Benefit (General) Regulations 1992 (entitlement of a refugee to council tax benefit) but only for a period of 52 weeks from the date that such an amount is received pursuant to that regulation.”;

(b) after paragraph 49(14) the following paragraphs shall be added —

“50.   Any amount of housing benefit to which a person is entitled by virtue of regulation 7B above (entitlement of a refugee to housing benefit) but only for a period of 52 weeks from the date that such an amount is received pursuant to that regulation.

51.   Any amount of income support to which a person is entitled by virtue of regulation 21ZA of the Income Support (General) Regulations 1987 (treatment of refugees) but only for a period of 52 weeks from the date that such an amount is received pursuant to that regulation.”.

Insertion of Schedule A1 to the Housing Benefit Regulations

12.  There shall be inserted before Schedule 1 to the Housing Benefit Regulations a new Schedule A1 (treatment of claims for housing benefit by refugees) which is specified in Schedule 2 to these Regulations.

Consequential amendments to the Housing Benefit Regulations

13.  The Housing Benefit Regulations shall be further amended in accordance with the following paragraphs —

(a) in regulation 16 (applicable amounts) for the words “and 70” to “periods)” there shall be substituted the words “, 70 and Schedule A1 (polygamous marriages, patients, calculation of weekly amounts, rent free periods and treatment of claims for housing benefit by refugees)”;

(b) in regulation 17 (polygamous marriages) for the words “and 70” to “periods)” there shall be substituted the words “, 70 and Schedule A1 (patients, calculation of weekly amounts, rent free periods and treatment of claims for housing benefit by refugees)”;

(c) in paragraph (1) of regulation 18 (patients) for the words “and 70” to “periods)” there shall be substituted the words “, 70 and Schedule A1 (calculation of weekly amounts, rent free periods and treatment of claims for housing benefit by refugees)”;

(d) in regulation 72(1) (time and manner in which claims are to be made) at the end there shall be added the words “or paragraph 5 of Schedule A1 (treatment of claims for housing benefit by refugees)”;

(e) in regulation 73(1) (evidence and information) at the beginning there shall be inserted the words “Subject to paragraph 5 of Schedule A1 (treatment of claims for housing benefit by refugees),”;

(f) in regulation 76(2) (who is to make a determination) —

(i) in sub-paragraph (a) at the end there shall be added the words “or paragraph 1 of Schedule A1 (treatment of claims for housing benefit by refugees)”;

(ii) in sub-paragraph (b) after the words “regulation 73” there shall be inserted the words “or paragraph 5 of Schedule A1”;

(g) in regulations 93 and 94 (circumstances in which payment is to be made to a landlord) at the beginning there shall be inserted the words “Subject to paragraph 8(4) of Schedule A1 (treatment of claims for housing benefit by refugees),”.

Amendment of the Housing Benefit (General) Amendment Regulations 1995

14.  In regulation 10 of the Housing Benefit (General) Amendment Regulations 1995(15) (saving provision) after paragraph (5) there shall be inserted the following new paragraph —

“(5A) The eligible rent of a person to whom regulation 7B of and Schedule A1 to the principal Regulations (entitlement to housing benefit by refugees) apply, shall be determined in accordance with regulations 10 and 11 of the principal Regulations as in force on 1st January 1996.”.

Peter Lilley

Secretary of State,

Department of Social Security

19th September 1996