The Housing Benefit and Council Tax Benefit (General) Amendment Regulations 2005

Explanatory Note

(This note is not part of the Regulations)

These Regulations amend the Council Tax Benefit (General) Regulations 1992 (S.I. 1992/1814) (“the Council Tax Benefit Regulations”) and the Housing Benefit (General) Regulations 1987 (S.I. 1987/1971) (“the Housing Benefit Regulations”).

Regulation 2 amends the meaning of “overpayment” in Part XII of the Housing Benefit Regulations, and the amendment in regulation 4(4) is consequential to this.

Regulation 3 amends the meaning of “excess benefit” in Part XI of the Council Tax Benefit Regulations, and the amendment in regulation 5 is consequential to this.

Regulation 4(2) and (3) amend the terminology used in respect of overpayments arising in consequence of official error.

Regulation 6 amends regulation 101 of the Housing Benefit Regulations. Regulation 6(2) inserts an additional condition in the list of prescribed circumstances that must be satisfied for an overpayment not to be recovered from the person to whom it was paid. Regulations 6(3) to (5) prescribe the person from whom recovery of an overpayment should be made in specified circumstances instead of the person to whom the payment was made.

Regulation 7 amends regulation 102 of the Housing Benefit Regulations. Regulation 7(2) amends the terminology used in respect of an authority administering housing benefit, and regulations 7(3) to (5) insert an additional method of recovery in the case of a claimant who changes his address.

Regulation 8 amends regulation 104(1)(c) of the Housing Benefit Regulations to ensure a claimant’s change of address is not treated as being a change of circumstances when calculating housing benefit payable in respect of the overpayment period.

Regulation 9 amends regulation 105 of the Housing Benefit Regulations to provide for recovery of overpaid housing benefit from benefits paid by Switzerland under Article 4(1) of Regulation (EEC) No 1408/71, following the Agreement between the European Community and its Member States and the Swiss Confederation on the free movement of persons, signed at Brussels on 21st June 1999.

Regulation 10 makes the same amendment to regulation 91 of the Council Tax Benefit Regulations as regulation 9 makes to regulation 105 of the Housing Benefit Regulations.

These Regulations do not impose a charge on business.