2023 No. 335
The Benefit Cap (Annual Limit) (Amendment) Regulations 2023
Made
Coming into force
The Secretary of State has carried out a review as required by section 96A(1) of the Welfare Reform Act 20121, taking into account the matters specified in section 96A(3) of that Act, and considers it appropriate to amend section 96(5A) of that Act2 so as to increase one or more of the sums specified in that section.
A draft of this instrument was laid before Parliament in accordance with section 97(4A) of the Welfare Reform Act 20123 and approved by resolution of each House of Parliament.
Accordingly, the Secretary of State makes the following Regulations in exercise of the powers conferred by sections 96(5) and (5B), 96A(4) and (5) and 97(1) of the Welfare Reform Act 20124.
In accordance with section 173(1)(b) of the Social Security Administration Act 19925, the Social Security Advisory Committee has agreed that the proposals in respect of regulations 3 and 4 should not be referred to it.
Citation, commencement and extent1
1
These Regulations may be cited as the Benefit Cap (Annual Limit) (Amendment) Regulations 2023.
2
These Regulations come into force on 1st April 2023.
3
The amendments made by regulations 2 and 3 apply in relation to an award of universal credit whenever made but only in relation to each assessment period6 in respect of that award which begins on or after 10th April 2023.
4
The amendments made by regulations 2 and 4 apply only on and after 3rd April 2023 in relation to housing benefit in respect of rent payable at intervals of a week or any multiple of a week.
5
In this regulation “housing benefit” means housing benefit under section 130 of the Social Security Contributions and Benefits Act 19927.
6
These Regulations extend to England and Wales and Scotland.
Amendment of the Welfare Reform Act 20122
In section 96(5A) of the Welfare Reform Act 2012 (benefit cap)—
a
in paragraph (a) for “£23,000 or £15,410” substitute “£25,323 or £16,967”
;
b
in paragraph (b) for “£20,000 or £13,400” substitute “£22,020 or £14,753”
.
Amendment of the Universal Credit Regulations 20133
In regulation 80A(2) of the Universal Credit Regulations 2013 (relevant amount)8—
a
in sub-paragraph (a) for “£15,410” substitute “£16,967”
;
b
in sub-paragraph (b) for “£23,000” substitute “£25,323”
;
c
in sub-paragraph (c) for “£13,400” substitute “£14,753”
;
d
in sub-paragraph (d) for “£20,000” substitute “£22,020”
.
Amendment of the Housing Benefit Regulations 20064
In regulation 75CA(2) of the Housing Benefit Regulations 2006 (determination of the relevant amount)9—
a
in sub-paragraph (a) for “£15,410” substitute “£16,967”
;
b
in sub-paragraph (b) for “£23,000” substitute “£25,323”
;
c
in sub-paragraph (c) for “£13,400” substitute “£14,753”
;
d
in sub-paragraph (d) for “£20,000” substitute “£22,020”
.
Signed by authority of the Secretary of State for Work and Pensions
(This note is not part of the Regulations)