The Housing Benefit (Loss of Benefit) (Pilot Scheme) (Supplementary) Regulations 2007

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations contain provisions which supplement the Housing Benefit (Loss of Benefit) (Pilot Scheme) Regulations 2007 (“the Pilot Scheme Regulations”). These additional provisions apply where a housing benefit sanction is to be imposed for anti-social behaviour.

Regulation 1 deals with commencement and provides that the Regulations will cease to apply at the end of the pilot period.

Regulation 2 contains definitions.

Regulation 3 provides that these Regulations apply only in the pilot scheme areas listed in the Schedule to the Pilot Scheme Regulations.

Regulation 4 specifies that the warning notice which must be served before a housing benefit sanction for anti-social behaviour can be imposed must be in writing.

Regulation 5 sets out matters which are to be taken into account in determining whether a person has good cause for not taking the action specified in a warning notice.

Regulation 6 specifies that a person will have good cause for not taking the action specified in a warning notice if the notice was issued less than one week before the date specified for taking the action.

Regulation 7 provides that the provisions relating to notification of decisions in the Housing Benefit Regulations 2006 and the Housing Benefit (Persons who have attained the qualifying age for state pension credit) apply to decisions made under these Regulations.

Regulation 8 modifies the Housing Benefit and Council Tax Benefit (Decisions and Appeals) Regulations 2001 in respect of persons to whom these Regulations apply.

Regulation 9 provides that a discretionary housing payment may not be made where the reason for the financial hardship is because a sanction for anti-social behaviour has been imposed.

Regulation 10 imposes duties on a court which makes a relevant possession order in respect of a dwelling situated in a pilot scheme area. The court is required to disclose information about relevant possession orders to the Secretary of State and specifies the time and manner in which such information must be provided. It also requires a court to provide such information when requested to do so by the Secretary of State.

Regulation 11 requires relevant local authorities to inform the Secretary of State or any person providing services to him if one or more of the conditions listed in section 130B(1) to (3) of the Social Security Contributions and Benefits Act 1992 are met.

Regulation 12 requires relevant authorities and relevant local authorities to provide information to a relevant authority.

Regulation 13 requires relevant authorities and relevant local authorities to provide information to a relevant local authority.

These Regulations have no impact on business, charities and the voluntary sector. However, an assessment of the impact of the provisions in these Regulations is included in the Regulatory Impact Assessment that accompanied the Welfare Reform Bill. A copy of that Assessment has been placed in the libraries of both Houses of Parliament. Copies may be obtained from the Better Regulation Unit of the Department for Work and Pensions, level 4, The Adelphi, 1-11 John Adam Street, London WC 2N 6HT.