Explanatory note

These Regulations amend the Housing Benefit (General) Regulations 1987 (S.I. 1987/1971) (“the Housing Benefit Regulations”), the Housing Benefit (General) Amendment Regulations 1995 (S.I. 1995/1664) and the Housing Benefit (General) Amendment (No.3) Regulations 1999 (S.I. 1999/2734) (“the 1999 Regulations”). The amendments made to S.I. 1987/1971 and S.I. 1995/1664 by the 1999 Regulations cease to have effect in April 2003. These Regulations clarify from April 2003 what information must be sent to rent officers in connection with claims for housing benefit, and which service charges payable by a claimant can be met by housing benefit, following the introduction of payments for welfare services pursuant to section 93 of the Local Government Act 2000 and section 91 of the Housing (Scotland) Act 2001.

Regulation 2 amends regulation 12 of the Housing Benefit Regulations to require local authorities to restrict rent increases when the conditions in that regulation apply. It also amends regulation 12A to specify certain service charges that the relevant authority is required to identify when referring cases to the rent officer.

Regulation 3 amends the circumstances in which the costs of cleaning exterior windows and communal areas of a claimant’s accommodation can be met by housing benefit under Schedule 1 to the Housing Benefit Regulations. It also amends the provisions in relation to service charges for emergency alarm systems and general counselling.

Regulation 4 amends the definition of “exempt accommodation” in the Housing Benefit (General) Amendment Regulations 1995.

Regulation 5 amends the provisions as to the cessation of the 1999 Regulations.

The Report of the Social Security Advisory Committee dated 7th February 2003 on the proposals referred to them in these Regulations, together with a statement showing the extent to which these Regulations give effect to the recommendations of the Committee and, in so far as they do not give effect to them, the reasons why not, have been laid before Parliament.

These Regulations do not impose costs on business.