Paragraph 4A Hostel paymentsF1

England, Wales and Scotland

(1)

This paragraph applies to a beneficiary if—

(a)

F2the beneficiary has been awarded specified benefit; and

(F3b)

either the beneficiary or the beneficiary’s partner—

(i)

is resident in a hostel and has claimed housing benefit in the form of a rent rebate or rent allowance; or

(ii)

is resident in approved premises under section 13 of the Offender Management Act 2007; and

F4(c)

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

(d)

the charge for F5the hostel or approved premises, as the case may be, includes a payment, whether direct or indirect, for one or more of the following services—

(i)

water;

(ii)

a service charge for fuel;

(iii)

meals;

(iv)

laundry;

(v)

cleaning (other than communal areas).

(2)

Subject to sub-paragraph (3) below, where a beneficiary F6... has been awarded specified benefit the F7Secretary of State may determine that an amount of specified benefit shall be paid to the person or body to whom the charges referred to in sub-paragraph (1)(d) above are or would be payable.

(3)

The amount of any payment to a third party under this paragraph shall be either—

(a)

the aggregate of the amounts determined by a housing authority in accordance with the provisions specified in sub-paragraph (4); or

(b)

if no amount has been determined under paragraph (a) of this subparagraph, an amount which the F8Secretary of State estimates to be the amount which is likely to be so determined.

(F94)

The provisions referred to in sub-paragraph (3)(a) above are F10regulation 12B(5) of, and paragraphs 1(a)(ii) and (iv), 2, 3, 4 and either 6(1)(b) or 6(2) or 6(3) or 6(4) of Schedule 1 to, the Housing Benefit Regulations or, as the case may be, the Housing Benefit (State Pension Credit) Regulations.

F11(5)

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

(6)

F12Where—

(a)

an award of income support is calculated in accordance with regulation 73(1) of the Income Support Regulations (calculation of income support for part-weeks); F13...

(b)

an award of jobseeker’s allowance is calculated in accordance with regulation 150(1) of the Jobseeker’s Allowance Regulations (amount of a jobseeker’s allowance payable), F14or

(c)

an award of employment and support allowance is calculated in accordance with regulation 165 of the Employment and Support Allowance Regulations (entitlement of less than a week etc.),

the amount of any payment of income support or, as the case may be, jobseeker’s allowance F15or employment and support allowance payable to a third party determined under sub-paragraph (2) above shall be an amount calculated in accordance with sub-paragraph (3)(a) or (b) above divided by 7 and multiplied by the number of days in the part-week, and no payment shall be made to a third party under this sub-paragraph where the Secretary of State certifies that it would be impracticable to do so in that particular case.

Annotations

Textual amendments

F1: Sch. 9 para. 4A inserted (1.11.1991) by The Social Security (Miscellaneous Provisions) Amendment Regulations 1991 (S.I. 1991/2284), regs. 1, 15
F2: Words in Sch. 9 para. 4A(1)(a) substituted (13.7.2009) by The Social Security (Miscellaneous Amendments) (No. 2) Regulations 2009 (S.I. 2009/1490), regs. 1, 2(8)(a)
F3: Sch. 9 para. 4A(1)(b) substituted (13.7.2009) by The Social Security (Miscellaneous Amendments) (No. 2) Regulations 2009 (S.I. 2009/1490), regs. 1, 2(8)(b)
F4: Sch. 9 para. 4A(1)(c) omitted (13.7.2009) by virtue of The Social Security (Miscellaneous Amendments) (No. 2) Regulations 2009 (S.I. 2009/1490), regs. 1, 2(8)(c)
F5: Words in Sch. 9 para. 4A(1)(d) substituted (13.7.2009) by The Social Security (Miscellaneous Amendments) (No. 2) Regulations 2009 (S.I. 2009/1490), regs. 1, 2(8)(d)
F6: Words in Sch. 9 para. 4A(2) omitted (16.11.1992) by virtue of The Social Security (Miscellaneous Provisions) Amendment (No. 2) Regulations 1992 (S.I. 1992/2595), regs. 1(1)(a), 8(4)(a)
F7: Words in Sch. 9 para. 4A(2) substituted (18.10.1999 for specified purposes) by The Social Security Act 1998 (Commencement No. 11, and Savings and Consequential and Transitional Provisions) Order 1999 (S.I. 1999/2860), reg. 3(1), Sch. 3 para. 12(a)
F8: Words in Sch. 9 para. 4A(3) substituted (18.10.1999 for specified purposes) by The Social Security Act 1998 (Commencement No. 11, and Savings and Consequential and Transitional Provisions) Order 1999 (S.I. 1999/2860), reg. 3(1), Sch. 3 para. 12(a)
F9: Sch. 9 para. 4A(4) substituted (6.3.2006) by The Housing Benefit and Council Tax Benefit (Consequential Provisions) Regulations 2006 (S.I. 2006/217), reg. 1(1), Sch. 2 para. 2(3)(b)(i) (with regs. 2, 3, Sch. 3, Sch. 4)
F10: Words in Sch. 9 para. 4A(4) substituted (with application in accordance with reg. 1(3)-(5) of the amending S.I.) by The Housing Benefit (Local Housing Allowance, Miscellaneous and Consequential) Amendment Regulations 2007 (S.I. 2007/2870), regs. 1(2), 2(a)
F11: Sch. 9 para. 4A(5) omitted (6.3.2006) by virtue of The Housing Benefit and Council Tax Benefit (Consequential Provisions) Regulations 2006 (S.I. 2006/217), reg. 1(1), Sch. 2 para. 2(3)(b)(ii) (with regs. 2, 3, Sch. 3, Sch. 4)
F12: Sch. 9 para. 4A(6) substituted (7.10.1996) by The Social Security (Claims and Payments) (Jobseekers Allowance Consequential Amendments) Regulations 1996 (S.I. 1996/1460), regs. 1, 2(26)(g)
F13: Word in Sch. 9 para. 4A(6)(a) omitted (27.7.2008) by virtue of The Employment and Support Allowance (Consequential Provisions) (No. 2) Regulations 2008 (S.I. 2008/1554), regs. 1(2)(a), 26(5)(a)(i)
F14: Sch. 9 para. 4A(6)(c) and word inserted (27.7.2008) by The Employment and Support Allowance (Consequential Provisions) (No. 2) Regulations 2008 (S.I. 2008/1554), regs. 1(2)(a), 26(5)(a)(ii)
F15: Words in Sch. 9 para. 4A(6) inserted (27.7.2008) by The Employment and Support Allowance (Consequential Provisions) (No. 2) Regulations 2008 (S.I. 2008/1554), regs. 1(2)(a), 26(5)(b)

Notes on the whole SI

Textual amendments

F1: Words in Instrument substituted (29.11.1999) by The Social Security Act 1998 (Commencement No. 12 and Consequential and Transitional Provisions) Order 1999 (S.I. 1999/3178), Sch. 6 para. 1 (with reg. 3(1)(b), Schs. 21-23)