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The Social Security Amendment (Discretionary Housing Payments) Regulations 2001

S.I. 2001/2333 · Made 27 June 2001

Up to date with all changes known to legislation.gov.uk, revised to 6 March 2006.

SOCIAL SECURITY

Made 27th June 2001

Laid before Parliament 29th June 2001

Coming into force 2nd July 2001

The Secretary of State for Work and Pensions, in exercise of the powers conferred upon him by sections 123(1)(a), (d) and (e), 130(4), 136(5)(b), 137(1) and 175(1) and (3) of the Social Security Contributions and Benefits Act 1992M1, sections 12(4)(b), 35(1) and 36(1) and (2) of the Jobseekers Act 1995M2 and section 122(3) and (5) of the Housing Act 1996M3 of all other powers enabling him in that behalf, after consultation in respect of provisions in these Regulations relating to housing benefit and council tax benefit with organisations appearing to him to be representative of the authorities concernedM4 and after agreement by the Social Security Advisory Committee that the proposals in respect of these Regulations should not be referred to itM5, hereby makes the following Regulations:

Annotations to the whole text

Marginal citations

M1

1992 c.4; sections 123(1) and 137(1) were amended to have effect with respect to council tax benefit by Schedule 9 to the Local Government Finance Act 1992 (c.14), paragraphs 1(1) and 9; section 137(1) is an interpretation provision and is cited because of the meaning ascribed to the word “prescribed”.

M2

1995 c.18; section 35(1) is an interpretation provision and is cited because of the meaning ascribed in the words “prescribed” and “regulations”.

M3

1996 c.52.

M4

See section 176(1) of the Social Security Administration Act 1992 (c.5).

M5

See sections 170 and 173(1)(b) of the Social Security Administration Act 1992; paragraph 67 of Schedule 2 to the Jobseekers Act 1995 added that Act to the list of “relevant enactments” in respect of which regulations must normally be referred to the Committee. Section 173(7) defines “regulations”.

Contents

  1. 1Citation, commencement and interpretation
  2. 2Disregard of discretionary housing payments
  3. 3Further amendment of the Housing Benefit Regulations Repealed
  4. Signature
  5. Explanatory note

1Citation, commencement and interpretation

(1)

These Regulations may be cited as the Social Security Amendment (Discretionary Housing Payments) Regulations 2001 and shall come into force on 2nd July 2001.

(2)

In these Regulations—

F1...

...

“the Income Support Regulations” means the Income Support (General) Regulations 1987M1;

“the Jobseeker’s Allowance Regulations” means the Jobseeker’s Allowance Regulations 1996M2.

2Disregard of discretionary housing payments

(1)

There shall be added as—

F1(a)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(c)

paragraph 75 of Schedule 9 to the Income Support RegulationsM1;

(d)

paragraph 71 of Schedule 7 to the Jobseeker’s Allowance RegulationsM2,

the following paragraph—

“Any discretionary housing payment paid pursuant to regulation 2(1) of the Discretionary Financial Assistance Regulations 2001 M3.”.

(2)

There shall be added as—

F2(a)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(c)

sub-paragraph (d) in paragraph 7 of Schedule 10 to the Income Support RegulationsM4;

(d)

sub-paragraph (d) in paragraph 12 of Schedule 8 to the Jobseeker’s Allowance RegulationsM5,

the following sub-paragraph—

“any discretionary housing payment paid pursuant to regulation 2(1) of the Discretionary Financial Assistance Regulations 2001,”.

3Further amendment of the Housing Benefit RegulationsF1

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Signature

Signed by authority of the Secretary of State for Work and Pensions.

Malcolm Wicks

Parliamentary Under-Secretary of State,

Department for Work and Pensions

Explanatory note

(This note is not part of the Regulations)

These Regulations amend the Income Support (General) Regulations 1987 (S.I. 1987/1967), the Jobseeker’s Allowance Regulations 1996 (S.I. 1996/207), the Housing Benefit (General) Regulations 1987 (S.I. 1987/1971) (“the Housing Benefit Regulations”) and the Council Tax Benefit (General) Regulations 1992 (S.I. 1992/1814).

In particular, regulation 2 provides that discretionary housing payments paid pursuant to the Discretionary Financial Assistance Regulations 2001 (S.I. 2001/1167) shall be disregarded as income in those benefits and that arrears of such payments shall be disregarded as capital for up to 52 weeks.

Regulation 3 amends regulation 12A of the Housing Benefit Regulations as to the date on which rent officer determinations made before 2nd July 2001 shall cease to have effect.

These Regulations do not impose a charge on business.