2015 No. 1857
The Housing Benefit (Abolition of the Family Premium and date of claim) (Amendment) Regulations 2015
Made
Laid before Parliament
Coming into force
for the purposes of regulations 1 and 3
for all other purposes
The Secretary of State for Work and Pensions makes the following Regulations in exercise of the powers conferred by sections 123(1)(d), 135(1), 136(1), (3) and (5), 137(1) and 175(1), (3) and (4) of the Social Security, Contributions and Benefits Act 19921 and sections 5(1)(b), 189(1) and 191 of the Social Security Administration Act 19922.
In accordance with section 172(1) of the Social Security Administration Act 1992, the Secretary of State has referred proposals in respect of these Regulations to the Social Security Advisory Committee.
In accordance with section 176(1) of the Social Security Administration Act 19923 the Secretary of State has consulted with organisations appearing to him to be representative of the authorities concerned.
Citation and commencement1
These Regulations may be cited as the Housing Benefit (Abolition of the Family Premium and date of claim) (Amendment) Regulations 2015 and come into force—
a
for the purposes of this regulation and regulation 3, on the 1st April 2016; and
b
for all other purposes, on 1st May 2016.
Abolition of the family premium2
1
The Housing Benefit Regulations 20064 are amended as follows—
a
in regulation 22 (applicable amounts) omit paragraph (c);
b
in regulation 23 (polygamous marriages) omit paragraph (d);
c
in Schedule 3 omit Part 2 (family premium);
d
for paragraph 17(2)(b)(ii)(bb) of Schedule 4 (sums to be disregarded in the calculation of earnings) substitute—
bb
his family includes at least one child or young person;
e
in paragraph 47(1) of Schedule 5 (sums to be disregarded in the calculation of income other than earnings) for “Where a claimant’s applicable amount includes an amount by way of family premium,” substitute “Where a claimant’s family includes at least one child or young person,”.
2
The Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 20065 are amended as follows—
a
in regulation 22 (applicable amounts) omit sub-paragraph (1)(c);
b
in Schedule 3 omit Part 2 (family premium);
c
for paragraph 9(2)(b)(ii)(bb) of Schedule 4 (sums to be disregarded in the calculation of earnings) substitute—
bb
his family includes at least one child or young person;
d
in paragraph 20(1) of Schedule 5 (amounts to be disregarded in the calculation of income other than earnings) for “Where a claimant’s applicable amount includes an amount by way of family premium,” substitute “Where a claimant’s family includes at least one child or young person,”.
Shortening the date from which a claim may be treated as made3
In regulation 83 (time and manner in which claims are to made)6 of the Housing Benefit Regulations 2006, in paragraph (12A)(b) and (c) for “6 months” substitute “one month”.
Transitional provision4
1
Subject to paragraph (2), regulation 2 does not apply to a person who, on 30th April 2016, is entitled to housing benefit and is——
a
a member of a family7 of which at least one member is a child or young person; or
b
a partner in a polygamous marriage, where he or she, or another partner of the polygamous marriage, is responsible for a child or young person who is a member of the same household.
2
Paragraph (1) does not apply if—
a
sub-paragraph (a) or (b) of that paragraph ceases to apply; or
b
the person makes a new claim for housing benefit.
3
For the purpose of this regulation “child”, “polygamous marriage” and “young person” have the same meaning as in regulation 2 of the Housing Benefit Regulations 2006.
Signed by authority of the Secretary of State for Work and Pensions
(This note is not part of the Regulations)