Explanatory note

These Regulations amend the Housing Benefit (General) Regulations (“the Housing Benefit Regulations”) and the Council Tax Benefit (General) Regulations (“the Council Tax Benefit Regulations”).

Regulation 2 amends regulation 11 of the Housing Benefit Regulations by including rent officer determinations made as a result of notification of a change in relation to a rent allowance or a change of dwelling in the category of rent officer determinations which, where adopted as part of a benefit decision, end a limiting or reduction of the existing maximum rent in respect of which benefit may be paid.

Regulation 3 amends regulation 12A of the Housing Benefit Regulations, inserting a definition of notification of change of dwelling, requiring a referral to the rent officer to be made where such a notification is made and making consequential provision. It provides for the requirement for a referral to the rent officer to be made where it is 52 weeks since the last application to apply only where the resulting determination was applied to the claim or award in question and it extends the types of rent officer determinations to which the 52 week provision applies to determinations made as a result of notification of a change of dwelling and pre-tenancy determinations.

Regulation 4 amends the Housing Benefit Regulations and the Council Tax Benefit Regulations to ensure that the definition of “second dwelling” is the same in relation to extended payments and extended payments (severe disablement allowance and incapacity benefit).(These are payments which are made after the end of an award of benefit in certain circumstances).

Regulation 5 makes modifications and amendments in relation to the area of a relevant authority specified in Schedule 1 to the Housing Benefit (Local Housing Allowance) Amendment Regulations 2003 for those cases to which the new arrangements apply for determining eligible housing costs for the purposes of claims and awards of housing benefit.

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