The Housing Benefit and Council Tax Benefit (Consequential Provisions) Regulations 2006

Frequency of payment of rent allowance

7.—(1) The regulations specified in sub-paragraphs (3) to (5) shall apply in accordance with the amendments so specified where the claimant—

(a) was entitled to and in receipt of housing benefit on account of his liability to make payments in respect of a dwelling, which he occupied or was treated as occupying as his home, on 06 October 1996;

(b) regulation 11 of the Housing Benefit (General) Amendment Regulations 1996 M1 applied in the case of payments made to the claimant immediately before the consolidating Regulations came into force; and

(c) continues to be entitled to and in receipt of housing benefit on account of such occupation of that dwelling.

(2) In this regulation, “claimant” includes the deceased partner of a claimant in any case where a claim is made by the surviving partner within 4 weeks of the death, provided that this regulation or regulation 11 of the Housing Benefit (General) Amendment Regulations 1996 applied to that deceased on the day of his death.

(3) Regulation 91 of the Housing Benefit Regulations shall have effect as if, in paragraph (3), for the words “Subject to regulations 92 to 97 (frequency of payment of and payment on account of rent allowance, payment provisions),” there are substituted the words “ Subject to regulations 93 to 97 (payment on account of rent allowance, payment provisions) ”.

(4) Regulation 72 of the Housing Benefit (State Pension Credit) Regulations shall have effect as if, in paragraph (3), for the words “Subject to regulations 73 to 78 (frequency of payment of and payment on account of rent allowance, payment provisions),” there are substituted the words “ Subject to regulations 74 to 78 (payment on account of rent allowance, payment provisions) ”.

(5) Regulation 92 of the Housing Benefit Regulations and regulation 73 of the Housing Benefit (State Pension Credit) Regulations (frequency of payment of a rent allowance) shall both have effect as if—

(a) for paragraph (2), there is substituted—

“(2) A payment of a rent allowance in accordance with paragraph (1) shall be made insofar as it is practicable to do so, 2 weeks before the end of the period in respect of which it is made unless the liability to pay rent of the person entitled is in respect of a past period, in which case payment of the rent allowance may be made at the end of that period.”;

(b) paragraphs (3) and (4) are omitted;

(c) in paragraphs (5) and (6), the words “Except in a case to which paragraph (3) applies,” are omitted; and

(d) in paragraph (7) the words “Subject to paragraphs (2), (3) and (5),” are omitted.

Marginal Citations

M1 S.I. 1996/965.