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

Amendment of regulations 7 and 8 of the Housing Benefit and Council Tax Benefit (Decisions and Appeals) Regulations 2001

34.—(1) In regulation 7 of the Housing Benefit and Council Tax Benefit (Decisions and Appeals) Regulations 2001(1) (decisions superseding earlier decisions) after paragraph (2) there shall be inserted the following paragraph—

“(2ZA) An appropriate relevant authority may, upon its own initiative, make a decision under paragraph 4 of Schedule 7 to the Act in any case to which regulation 12A(1)(d) or (e) of the Housing Benefit Regulations (requirement to refer to rent officers) applies.”.

(2) In regulation 8 of the Housing Benefit and Council Tax Benefit (Decisions and Appeals) Regulations 2001(2) (date from which a decision superseding an earlier decision takes effect) after paragraph (6) there shall be inserted the following paragraphs—

“(6A) Except in a case where entitlement to housing benefit ceases, where a rent officer has made a determination in exercise of the Housing Act functions pursuant to an application by a relevant authority under regulation 12A(1)(d) or (e) of the Housing Benefit Regulations, any decision to which regulation 7(2ZA) applies which adopts that determination shall take effect from—

(a) in a case where the amount of the rent officer’s determination has increased or remains unchanged, and—

(i) rent is payable weekly or in multiples of weeks, the first day of the benefit week in which the day following the last day of the period mentioned in regulation 12A(1)(d) or (e) of the Housing Benefit Regulations occurs;

(ii) rent is payable other than in accordance with head (i), the first day following the last day of the period mentioned in regulation 12A(1)(d) or (e) of the Housing Benefit Regulations;

(b) in a case where the amount of the rent officer’s determination has decreased, the first day of the benefit week following the date on which that determination was received by a relevant authority;

(6B) For the purposes of paragraph (6A) “Housing Act functions” has the same meaning as in regulation 2(1) of the Housing Benefit Regulations.”.

(1)

S.I. 2001/1002, the relevant amending instrument is S.I. 2003/1338.

(2)

S.I. 2001/1002, the relevant amending instrument is S.I. 2003/1338.