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

Care homes

9.—(1) In regulation 2(1) of both the Housing Benefit Regulations and the Housing Benefit (State Pension Credit) Regulations there shall be inserted in the appropriate place—

““the 1987 Regulations” means the Housing Benefit (General) Regulations 1987;”

(2) Sub-paragraph (3) shall apply to a person who, on 3rd October 2005 was a person to whom paragraph (2) of regulation 7 of the 1987 Regulations as in force on that date applied.

(3) Where this paragraph applies—

(a) regulation 9 of both the Housing Benefit Regulations and the Housing Benefit (State Pension Credit) Regulations shall have effect as if—

(i) in paragraph (1)(k), at the beginning there were inserted the words “ except where paragraph (1A) applies ”;

(ii) after paragraph (1) there were inserted—

“(1A) This paragraph applies to a person who—

(a) was or became entitled immediately before 30th October 1990 to housing benefit in respect of residential accommodation; or

(b) became or becomes entitled to housing benefit in respect of such accommodation on or after that date but only if the claim was made or, as the case may be, the appropriate authority is satisfied that the claim was sent or delivered to the appropriate DWP office or designated office in accordance with [F1 regulation 64(5)] (time and manner in which claims are made), before that date.”;

(iii) for paragraph (4) there were substituted paragraph (3) of regulation 7 of the 1987 Regulations as in force on 23rd October 2005;

(b) regulation 52 of the Housing Benefit Regulations shall have effect as if—

(i) paragraph (4) there were substituted—

“(4) For the purposes of paragraph (3), the prescribed circumstances are that the claimant—

(a) occupies residential accommodation as his home; or

(b) is a person to whom paragraph (1A), as inserted by paragraph 9(3)(a)(ii) of Schedule 3 to the Consequential Provisions Regulations (exceptions to circumstances in which a person is to be treated as not liable to make payments in respect of a dwelling) applies.”;

(ii) for paragraph (9), there were substituted—

“(9) Paragraph (8) shall not apply to residential accommodation of the type referred to in sub-paragraph (b) or (c) of paragraph (8) where such accommodation is residential accommodation for the purposes of regulation 9 and paragraph (4)(b) does not apply to the claimant in respect of that accommodation.”.

(4) Sub-paragraph (5) shall apply to a person who, on 3rd October 2005, was a person to whom paragraph (5) of regulation 7 of the 1987 Regulations as in force on that date applied.

(5) Where this paragraph applies—

(a) regulation 9 of both the Housing Benefit Regulations and the Housing Benefit (State Pension Credit) Regulations shall have effect as if—

(i) for paragraph (4) there were substituted paragraph (3) of regulation 7 of the 1987 Regulations as in force on 23rd October 2005;

(ii) after paragraph (4), there was inserted—

“(5) Subject to the following provisions of this regulation, paragraph (6) applies to a person who—

(a) occupies or is treated by regulation 6(8) of the 1987 Regulations as occupying residential accommodation on 31st March 1993;

(b) is or was liable to pay rent in respect of that accommodation for that day;

(c) is a person to whom sub-paragraph (a) or (b) of paragraph (2) of regulation 7 of the 1987 Regulations applies immediately before 1st April 1993; and

(d) is or was entitled to housing benefit in respect of the liability mentioned in sub-paragraph (b).

(6) In the case of a person to whom this paragraph applies, regulation 9 of these Regulations shall continue to apply to him as if the amendments to the 1987 Regulations specified in regulation 5(2) of the Social Security Benefits (Amendments Consequential Upon the Introduction of Community Care) Regulations 1992 M1 had not been made.

(7) Subject to paragraph (8), where on 1st April 1993 paragraph (6) applies to a person that paragraph shall cease to apply to him—

(a) on the day on which he is first absent from the accommodation which he occupied or was treated under regulation 7(8) of the 1987 Regulations as occupying on 31st March 1993; and

(b) on any day which falls after that day.

(8) For the purposes of paragraph (7), any absence shall be disregarded during which the person is treated as occupying the accommodation as his home pursuant to regulation 7(12), (13) or (17) of these Regulations.

(9) Where a person—

(a) ceases to be entitled to housing benefit; and

(b) was before he ceased to be entitled a person to whom paragraph (6) applied,

that paragraph shall not apply to him in the case of any subsequent claim for housing benefit.”;

(b) regulation 52 of the Housing Benefit Regulations shall have effect as if—

(i) for paragraph (4) there were substituted—

“(4) For the purposes of paragraph (3), the prescribed circumstances are that the claimant—

(a) occupies residential accommodation as his home; or

(b) is a person to whom paragraph (6), as inserted by paragraph 9(5)(a)(ii) of Schedule 3 to the Consequential Provisions Regulations (exceptions to circumstances in which a person is to be treated as not liable to make payments in respect of a dwelling) applies.”;

(ii) for paragraph (9), there were substituted—

“(9) Paragraph (8) shall not apply to residential accommodation of the type referred to in sub-paragraph (b) or (c) of paragraph (8) where such accommodation is residential accommodation for the purposes of regulation 9 and paragraph (4)(b) does not apply to the claimant in respect of that accommodation.”.

(6) Sub-paragraph (7) shall apply to a person who, on 3rd October 2005, was a person to whom paragraph (7) of regulation 7 of the 1987 Regulations as in force on that date applied.

(7) Where this paragraph applies—

(a) regulation 9 of both the Housing Benefit Regulations and the Housing Benefit (State Pension Credit) Regulations shall have effect as if—

(i) for paragraph (4) there were substituted paragraph (3) of regulation 7 of the 1987 Regulations as in force on 23rd October 2005;

(ii) after paragraph (4), there was inserted—

“(5) Subject to the following provisions of this regulation, paragraph (6) applies to a person who—

(a) occupies or is treated under regulation 5(7C), (8) or (8C) of the 1987 Regulations as occupying accommodation in an establishment which on 1st April 1993 is registered as a small home under Part I of the Registered Homes Act 1984 M2 or is deemed to be so registered under section 2(3) of the Registered Homes (Amendment) Act 1991 M3 (registration of small homes where application for registration not determined);

(b) was occupying, or was treated under regulation 7(8) of the 1987 Regulations as occupying, that accommodation on 31st March 1993;

(c) is or was liable to pay rent in respect of that accommodation for 31st March 1993; and

(d) is or was entitled to housing benefit in respect of that liability.

(6) In the case of a person to whom this paragraph applies, paragraph (4), as substituted by paragraph 9(7)(a)(i) of Schedule 3 to the Consequential Provisions Regulations, shall apply as if sub-paragraph (a) of the substituted paragraph was omitted.

(7) Subject to paragraph (8), where on 1st April 1993 paragraph (6) applies to a person that paragraph shall cease to apply to him—

(a) on the day on which he is first absent from the accommodation which he occupied or was treated under regulation 7(8) of the 1987 Regulations as occupying on 31st March 1993; and

(b) on any day which falls after that day.

(8) For the purposes of paragraph (7), any absence shall be disregarded during which the person is treated as occupying the accommodation as his home pursuant to regulation 7(12), (13) or (17) of these Regulations.

(9) Where a person—

(a) ceases to be entitled to housing benefit; and

(b) was before he ceased to be entitled a person to whom paragraph (6) applied,

that paragraph shall not apply to him in the case of any subsequent claim for housing benefit.

(10) Where on 31st March 1993 a person occupies or is treated as occupying an establishment mentioned in paragraph (5)(a) and on a day subsequent to that date the establishment—

(a) if it was registered under Part I of the Registered Homes Act 1984, ceases to be so registered; or

(b) if it was deemed to be so registered is neither registered nor deemed to be registered,

then on that day and on any day thereafter paragraph (9) shall not apply to that person.

(11) In this regulation, “small home” has the same meaning as it had in Part 1 of the Registered Homes Act 1984 M4 by virtue of section 1(4A) of that Act.”.

(b) regulation 52 of the Housing Benefit Regulations shall have effect as if—

(i) for paragraph (4) there were substituted—

“(4) For the purposes of paragraph (3), the prescribed circumstances are that the claimant—

(a) occupies residential accommodation as his home; or

(b) is a person to whom paragraph (6), as inserted by paragraph 9(7)(a)(ii) of Schedule 3 to the Consequential Provisions Regulations (exceptions to circumstances in which a person is to be treated as not liable to make payments in respect of a dwelling) applies.”;

(ii) for paragraph (9), there were substituted—

“(9) Paragraph (8) shall not apply to residential accommodation of the type referred to in sub-paragraph (b) or (c) of paragraph (8) where such accommodation is residential accommodation for the purposes of regulation 9 and paragraph (4)(b) does not apply to the claimant in respect of that accommodation.”.

Textual Amendments

F1 Words in Sch. 3 para. 9(3)(a)(ii) substituted (19.5.2008) by Social Security (Miscellaneous Amendments) (No.2) Regulations 2008 (S.I. 2008/1042), regs. 1(2), 7(4)

Marginal Citations

M1 S.I. 1992/3147.

M2 1984 c. 23.

M3 1991 c. 20.

M4 1984 c. 23.