The Housing Benefit (General) (Local Housing Allowance) Amendment Regulations 2005
S.I. 2005/238 · Made 7 February 2005
SOCIAL SECURITY
Made 7th February 2005
Laid before Parliament 14th February 2005
Coming into force in accordance with regulation 1(2) and (3)
The Secretary of State for Work and Pensions, in exercise of the powers conferred upon him by sections 123(1)(d), 130(2) and (4), 137(1) and (2)(j) and 175(1) and (3) to (6) of the Social Security Contributions and Benefits Act 1992f1, sections 5(1)(k) and (p) and (6), 189(1), (4) and (7) and 191 of the Social Security Administration Act 1992f2, section 122(3) and (5) of the Housing Act 1996f3, and paragraphs 3(1), 4(4) and (6), 20(1)(b), (2) and (3) and 23(1) of Schedule 7 to the Child Support, Pensions and Social Security Act 2000f4 and of all other powers enabling him in that behalf, after consultation with organisations appearing to him to be representative of the authorities concernedf5, and after agreement by the Social Security Advisory Committee that proposals in respect of these Regulations should not be referred to itf6, hereby makes the following Regulations:
Annotations to the whole text
Footnotes
- f1
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1992 c. 4; section 130(2) has been amended by paragraph 3 of Schedule 9 to the Local Government Finance Act 1992 (c. 14), paragraph 174(4) of Schedule 13 to the Local Government etc. (Scotland) Act 1994 (c. 39) and section 96 of the Local Government Act 2000 (c. 22); section 137(1) is cited because of the meaning ascribed to the word “prescribed”; section 175(1) and (4) was amended by paragraph 29(2) and (4) respectively of Schedule 3 to the Social Security Contributions (Transfer of Functions, etc.) Act 1999 (c. 2), section 175(5) was amended by paragraph 36 of Schedule 1 to the Social Security (Incapacity for Work) Act 1994 (c. 18) and section 175(6) was amended by paragraph 10 of Schedule 9 to the Local Government Finance Act 1992.
- f2
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1992 c. 5; section 5(6) was inserted by section 120(1) of the Housing Act 1996 (c. 52); section 189(1) was amended by paragraph 57(2) of Schedule 3 to the Social Security Contributions (Transfer of Functions, etc.) Act 1999 and Schedule 6 to the Tax Credits Act 2002 (c. 21), section 189(1) and (4) was amended by paragraph 109 of schedule 7 to the Social Security Act 1998 (c. 14) and section 189(7) was amended by paragraph 24 of Schedule 9 to the Local Government Finance Act 1992 and paragraph 10 of Schedule 1 to the Social Security Administration (Fraud) Act 1997 (c. 47); section 191 is cited for the meaning of “prescribe”.
- f3
- f4
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2000 c. 19; paragraph 23(1) of Schedule 7 is cited for the meaning of “prescribed”.
- f5
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See section 176(1)(a) of the Social Security Administration Act 1992.
- f6
-
See section 173(1)(b) of the Social Security Administration Act 1992.
Contents
- 1Citation, commencement and interpretation
- 2Amendment of Schedule 8 of the principal Regulations
- 3Additional pathfinder authorities
- Signature
- Schedule DATE ON WHICH REGULATION 3 COMES INTO FORCE IN RELATION TO RELEVANT AUTHORITIES
- Explanatory note
1Citation, commencement and interpretation
These Regulations may be cited as the Housing Benefit (General) (Local Housing Allowance) Amendment Regulations 2005.
This regulation and regulation 2 shall come into force on 13th March 2005.
Regulation 3 shall come into force—
in relation to the area of a relevant authority specified in the Schedule to these Regulations; and
in relation to that relevant authority,
on the date specified in that Schedule in relation to that relevant authority.
In these Regulations—
“the 2003 Regulations” means the Housing Benefit (General) (Local Housing Allowance) Amendment Regulations 2003f1;
“the principal Regulations” means the Housing Benefit (General) Regulations 1987f2; and
“relevant authority” has the meaning specified in regulation 2(1) of the principal Regulations.
2Amendment of Schedule 8 of the principal Regulations
In the list of pathfinder authorities and commencement dates specified in Part I of Schedule 8 to the principal Regulations (commencement date in relation to each pathfinder authority), insert at the appropriate places in alphabetical order the following entries—
| Argyll and Bute | 30th May 2005 |
| East Riding of Yorkshire | 18th April 2005 |
| Guildford | 4th July 2005 |
| Norwich | 13th June 2005 |
| Pembrokeshire | 20th June 2005 |
| St Helens | 23rd May 2005 |
| Salford | 25th July 2005 |
| South Norfolk | 6th June 2005 |
| Wandsworth | 11th April 2005. |
3Additional pathfinder authorities
The principal Regulations, the Housing Benefit (General) Amendment Regulations 1995f1 and the Housing Benefit and Council Tax Benefit (Decisions and Appeals) Regulations 2001f2 shall apply in relation to the area of a relevant authority specified in the Schedule to these Regulations as they apply in the area of a relevant authority specified in Schedule 1 to the 2003 Regulations .
Signature
Signed by authority of the Secretary of State for Work and Pensions.
Chris Pond
Parliamentary Under-Secretary of State,
Department for Work and Pensions
7 February 2005
DATE ON WHICH REGULATION 3 COMES INTO FORCE IN RELATION TO RELEVANT AUTHORITIES
| Relevant authority | Date |
|---|---|
| Argyll and Bute | 30th May 2005 |
| East Riding of Yorkshire | 18th April 2005 |
| Guildford | 4th July 2005 |
| Norwich | 13th June 2005 |
| Pembrokeshire | 20th June 2005 |
| St Helens | 23rd May 2005 |
| Salford | 25th July 2005 |
| South Norfolk | 6th June 2005 |
| Wandsworth | 11th April 2005. |
Explanatory note
(This note is not part of the Regulations)
These Regulations amend the Housing Benefit (General) Regulations 1987 (“the Regulations”) so that the new arrangements introduced by the Housing Benefit (General) (Local Housing Allowance) Amendment Regulations 2003 for determining eligible housing costs for the purposes of claims for housing benefit made by persons living in the areas of certain local authorities (“pathfinder authorities”) will apply to such claims made by persons living in the areas of 9 additional local authorities.
Regulation 2 amends Schedule 8 to the Regulations so that it specifies the additional local authorities which are to become pathfinder authorities and the date on which each such authority will become a pathfinder authority.
Regulation 3 provides that the Regulations, the Housing Benefit (General) Amendment Regulations 1995 and the Housing Benefit and Council Tax Benefit (Decisions and Appeals) Regulations 2001 shall apply to the 9 additional local authorities as they apply to the existing pathfinder authorities from the date specified in the Schedule for each of those additional authorities.
A full regulatory impact assessment has not been produced for this instrument as it has no impact on the costs of business.