# The Social Security Amendment (Discretionary Housing Payments) Regulations 2001

S.I. 2001/2333 · made 27 June 2001 · revised to 6 March 2006

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).

PDFs: Printed copy https://openlegislation.uk/social-security-amendment-discretionary-housing-payments-regulations-2001/pdf/uksi_20012333_en.pdf

## Introductory text

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 1992, sections 12(4)(b), 35(1) and 36(1) and (2) of the Jobseekers Act 1995 and section 122(3) and (5) of the Housing Act 1996 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 concerned and after agreement by the Social Security Advisory Committee that the 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 Social Security Amendment (Discretionary Housing Payments) Regulations 2001 and shall come into force on 2nd July 2001.
(2) In these Regulations—
...
...
“the Income Support Regulations” means the Income Support (General) Regulations 1987;
“the Jobseeker’s Allowance Regulations” means the Jobseeker’s Allowance Regulations 1996.

## 2 Disregard of discretionary housing payments

(1) There shall be added as—
(a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(c) paragraph 75 of Schedule 9 to the Income Support Regulations;
(d) paragraph 71 of Schedule 7 to the Jobseeker’s Allowance Regulations,
the following paragraph—
“Any discretionary housing payment paid pursuant to regulation 2(1) of the Discretionary Financial Assistance Regulations 2001 .”.
(2) There shall be added as—
(a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(c) sub-paragraph (d) in paragraph 7 of Schedule 10 to the Income Support Regulations;
(d) sub-paragraph (d) in paragraph 12 of Schedule 8 to the Jobseeker’s Allowance Regulations,
the following sub-paragraph—
“any discretionary housing payment paid pursuant to regulation 2(1) of the Discretionary Financial Assistance Regulations 2001,”.

## 3 Further amendment of the Housing Benefit Regulations

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

## 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.

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Source: https://www.legislation.gov.uk/uksi/2001/2333 (the official version)
Page: https://openlegislation.uk/social-security-amendment-discretionary-housing-payments-regulations-2001
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.