Regulation 4 Insertion of new regulation 72A in the Housing Benefit Regulations

After regulation 72 of the Housing Benefit Regulations there shall be inserted the following regulation–

“Date of claim where claim sent or delivered to a gateway office

72A

(1)

Subject to paragraph (11) of regulation 72, and with the exception of those claims to which paragraph (3) of this regulation refers, where a claim for housing benefit has been sent or delivered to a gateway office in accordance with sub-paragraph (d) of paragraph (4) of regulation 72, the date on which that claim is made shall be–

(a)

in a case where a claimant or his partner–

(i)

is a person who has been awarded income support or an income-based jobseeker’s allowance; and

(ii)

first notifies his intention to claim housing benefit within 4 weeks of the date on which his claim for that income support or jobseeker’s allowance was received at an appropriate DSS office,

the first day of entitlement to income support or an income-based jobseeker’s allowance, but if the first notification is by any means other than a claim which meets the requirements of regulation 72(1) such a claim must be received at a gateway office within one month of that notification; and for the purposes only of this sub-paragraph a person who has been awarded an income-based jobseeker’s allowance shall be treated as also entitled to that allowance for any days which immediately precede the first day in that award and on which he would, but for regulations made under paragraph 4 of Schedule 1 to the Jobseeker’s Act 1995^f1 (waiting days) have been entitled to that allowance;

(b)

in a case where the claimant or his partner–

(i)

claimed income support or a jobseeker’s allowance; but

(ii)

has no entitlement to income support or an income-based jobseeker’s allowance,

the first date on which notification is deemed to be given in accordance with paragraph (2), but if that notification is by any means other than a claim which meets the requirements of regulation 72(1) such a claim must be received at a gateway office within one month of that notification;

(c)

in a case where a claimant or his partner–

(i)

is a person on income support or entitled to an income-based jobseeker’s allowance;

(ii)

has become liable for the first time to make payments in respect of the dwelling which he occupies as his home; and

(iii)

first notifies his intention to make a claim for housing benefit within 4 weeks of the commencement of the rental liability,

the date on which the liability to make those payments arises, but if the first notification is by any means other than a claim which meets the requirements of regulation 72(1) such a claim must be received at the gateway office within one month of that notification;

(d)

in a case where neither the claimant nor his partner is a person on income support or entitled to an income-based jobseeker’s allowance, the first date on which notification is deemed to be made in accordance with paragraph (2), but if that notification is by any means other than a claim which meets the requirements of regulation 72(1) such a claim must be received at the gateway office within one month of that notification; or

(e)

in any other case, the date on which the claim for housing benefit is received at the gateway office.

(2)

A notification of intention to make a claim is deemed to be given on the date on which notification from the claimant of his intention to claim housing benefit in whatever form is received at a gateway office.

(3)

This regulation does not apply to claims which are made in accordance with the provisions contained in paragraphs (12), (13) or (14) of regulation 72.”.