Explanatory note
(This note is not part of the Regulations)
Regulation 2 amends the Housing Benefit Regulations. Paragraph (2) inserts the definition of “the qualifying age for state pension credit” into regulation 2(1) of the Housing Benefit Regulations. Paragraph (3) amends regulation 5 of the Housing Benefit Regulations inserting a new paragraph (5A) which provides for persons who move to a dwelling in respect of which there is no liability to make payments from a dwelling where a liability to make payments is continuing, to be treated as occupying the former dwelling as their home for up to a period of four benefit weeks, where that liability could not reasonably have been avoided. Paragraph (4)(b) inserts two new paragraphs into regulation 65 setting out the dates entitlement to housing benefit is to commence in cases where new regulation 72BA applies. Paragraphs (4)(a) and (5) make amendments consequent upon those made by paragraph (4)(b). Paragraph (6) inserts a new regulation 72BA into the Housing Benefit Regulations to prescribe the time for claiming housing benefit for a person to whom regulation 2 of the Housing Benefit and Council Tax Benefit (State Pension Credit) Regulations 2003 (S.I. 2003/325) applies.
Regulation 3 amends the Council Tax Benefit Regulations. Paragraph (2) makes an amendment which mirrors that made by regulation 2(2). Paragraph (3) makes a clarifying amendment to regulation 51 of the Council Tax Benefit Regulations to the effect that all discounts given, and reductions made, under the Local Government Finance Act 1992 are taken into account in the formula for calculating, and in the calculation of, respectively, a person’s maximum council tax benefit. Paragraph (4) makes amendments which mirror those made by regulation 2(4). Paragraph (5) inserts a new regulation 62BA into the Council Tax Benefit Regulations which mirrors that inserted by regulation 2(6), except in that it applies to persons to whom regulation 12 of the Housing Benefit and Council Tax Benefit (State Pension Credit) Regulations 2003 applies.
A full regulatory impact assessment has not been produced for this instrument as it has no impact on the cost of business.