Explanatory note

These Regulations amend the Housing Benefit Regulations 2006 (S.I. 2006/213), the Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 2006 (S.I. 2006/214) and the Housing Benefit and Council Tax Benefit (Decisions and Appeals) Regulations 2001 (S.I. 2001/1002) to align with measures introduced by the Housing Act 2004 (c. 34) and the Antisocial Behaviour etc (Scotland) Act 2004 (2004 asp8).

Regulations 2 and 3 insert a new provision into the Housing Benefit Regulations 2006 and the Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 2006, respectively, to prescribe the cases in which housing benefit shall take the form of a rent allowance. These are where an order has been made under certain provisions of the Housing Act 2004 or the Antisocial Behaviour etc. (Scotland) Act 2004 with the effect that the occupier of a dwelling is liable to make payments to a local authority and not the landlord of the dwelling.

Regulation 4 inserts new provisions into regulation 4 of the Housing Benefit and Council Tax Benefit (Decisions and Appeals) Regulations 2001. They provide that where an order made under section 71, or a notice made under section 94, of the Antisocial Behaviour etc. (Scotland) Act 2004 is set aside, a supersession decision made under regulation 7 of those Regulations may be revised at any time.

A full regulatory impact assessment has not been produced for this instrument as it has no impact on the costs of business, charities and voluntary bodies.