# The Housing Benefit (General) (Local Housing Allowance) Amendment Regulations 2005

S.I. 2005/238 · made 7 February 2005

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.

Made under: Social Security Contributions and Benefits Act 1992 (Section 123, Section 130, Section 137, Section 175); Social Security Administration Act 1992 (Section 5, Section 189, Section 191); Housing Act 1996 (Section 122); Child Support, Pensions and Social Security Act 2000 (Schedule 7 paragraph 3, Schedule 7 paragraph 4, Schedule 7 paragraph 20, Schedule 7 paragraph 23)

PDFs: Printed copy https://openlegislation.uk/housing-benefit-general-local-housing-allowance-amendment-regulations-2005/pdf/uksi_20050238_en.pdf; Explanatory Memorandum https://openlegislation.uk/housing-benefit-general-local-housing-allowance-amendment-regulations-2005/pdf/uksiem_20050238_en.pdf

## Introductory text

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 1992, sections 5(1)(k) and (p) and (6), 189(1), (4) and (7) and 191 of the Social Security Administration Act 1992, section 122(3) and (5) of the Housing Act 1996, 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 2000 and of all other powers enabling him in that behalf, after consultation with organisations appearing to him to be representative of the authorities concerned, and after agreement by the Social Security Advisory Committee that proposals in respect of these Regulations should not be referred to it, hereby makes the following Regulations:

## 1 Citation, commencement and interpretation

(1) These Regulations may be cited as the Housing Benefit (General) (Local Housing Allowance) Amendment Regulations 2005.
(2) This regulation and regulation 2 shall come into force on 13th March 2005.
(3) Regulation 3 shall come into force—
(a) in relation to the area of a relevant authority specified in the Schedule to these Regulations; and
(b) in relation to that relevant authority,
on the date specified in that Schedule in relation to that relevant authority.
(4) In these Regulations—
(a) “the 2003 Regulations” means the Housing Benefit (General) (Local Housing Allowance) Amendment Regulations 2003;
(b) “the principal Regulations” means the Housing Benefit (General) Regulations 1987; and
(c) “relevant authority” has the meaning specified in regulation 2(1) of the principal Regulations.

## 2 Amendment 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.

## 3 Additional pathfinder authorities

The principal Regulations, the Housing Benefit (General) Amendment Regulations 1995 and the Housing Benefit and Council Tax Benefit (Decisions and Appeals) Regulations 2001 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.

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Source: https://www.legislation.gov.uk/uksi/2005/238 (the official version)
Page: https://openlegislation.uk/housing-benefit-general-local-housing-allowance-amendment-regulations-2005
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.

