{
  "url": "https://openlegislation.uk/housing-benefit-and-council-tax-benefit-miscellaneous-amendments-no4-regulations-2005/note",
  "json_url": "https://openlegislation.uk/housing-benefit-and-council-tax-benefit-miscellaneous-amendments-no4-regulations-2005/note.json",
  "legislation": "uksi/2005/2894",
  "legislation_title": "The Housing Benefit and Council Tax Benefit (Miscellaneous Amendments) (No.4) Regulations 2005",
  "legislation_url": "https://openlegislation.uk/housing-benefit-and-council-tax-benefit-miscellaneous-amendments-no4-regulations-2005",
  "path": "note",
  "kind": "note",
  "number": null,
  "heading": "Explanatory note",
  "text": "(This note is not part of the Regulations)\nThese Regulations make various amendments to the Housing Benefit (General) Regulations 1987 (S.I. 1987/1971) (“the Housing Benefit Regulations”), the Council Tax Benefit (General) Regulations 1992 (S.I. 1992/1814) (“the Council Tax Benefit Regulations”) and the Housing Benefit and Council Tax Benefit (Decisions and Appeals) Regulations 2001 (S.I. 2001/1002) (“the Decisions and Appeals Regulations”).\nThe Housing Benefit Regulations and the Council Tax Benefit Regulations were modified by the Housing Benefit and Council Tax Benefit (State Pension Credit) Regulations 2003 (S.I. 2003/325) for persons who have attained the qualifying age for state pension credit. These Regulations apply to the Housing Benefit Regulations and the Council Tax Benefit Regulations as so modified and as not so modified, as set out in regulations 2(2) and 3(2).\nRegulation 2 amends the Housing Benefit Regulations. Paragraph (3) amends regulation 2 by expanding the definition of “appropriate DWP office”. Paragraphs (4) and (5) provide that a person is considered to be disabled for the purpose of determining child care charge deductions if they cease to be registered as blind within the period that begins 28 weeks before the first Monday in September following their fifteenth birthday and ends on the day preceding the first Monday in September following the person's sixteenth birthday. Paragraphs (6), (7), (8), (9) and (11) provide that the tax rates to be used to determine the amount of tax and contributions that should be deducted to find the net amount of profit or earnings shall be the rate applicable to the assessment period. Paragraphs (10), (12) and (13) substitute the term “revision and supersession” for the term “review”. Paragraph (14) is a change consequential on the amendment made by paragraph (20). It inserts two definitions which apply to this regulation but were previously found in paragraph 13 of Schedule 4. Paragraph (15) extends certain time limits from four weeks to one month. Paragraph (16) revokes rules linking a claim for housing benefit to certain social security benefits. Paragraph (16) also introduces two new rules for determining the date of claim. The first relates to bereaved or separated persons and the second provides that the date of claim is the date a claimant notifies his intention of making a claim provided he makes that claim within one month of being issued with a claim form. Paragraph (17) amends the power of the relevant authority to make an interim payment. Paragraph (18) enables payment to be made to a landlord following a supersession. Paragraph (19) includes lone parents in the list of those who have attained the qualifying age for state pension credit and who may be treated as severely disabled in the stipulated circumstances. Paragraph (20) extends the number of payments that should be fully disregarded in the calculation of income other than earnings and (20)(b) makes an amendment consequential to that change.\nRegulation 3 amends the Council Tax Benefit Regulations. The amendments made mirror those made by regulation 2. Paragraph (19) makes a technical amendment to paragraph 13 of Schedule 6, which reflects the analogous provision on the Housing Benefit Regulations.\nRegulation 4 amends the Decisions and Appeals Regulations to shorten the time before a relevant authority can terminate an award of housing benefit or council tax benefit following suspension of payment.\nA full regulatory impact assessment has not been produced for this instrument as it has no impact on the cost of business.",
  "extent": null,
  "status": null,
  "version": "current",
  "annotations": [],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/uksi/2005/2894/note",
    "retrieved_at": "2026-10-29T04:48:40.866482+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}