Explanatory note

These Regulations make amendments to the Income Support (General) Regulations 1987 (S.I. 1987/1967), the Jobseeker’s Allowance Regulations 1996 (S.I. 1996/207), the State Pension Credit Regulations 2002 (S.I. 2002/1792), the Housing Benefit Regulations 2006 (S.I. 2006/213), and the Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 2006 (S.I. 2006/214).

The Regulations clarify the start date for the four benefit week period (“the period”) during which housing costs in relation to income support, jobseeker’s allowance and state pension credit, and rent in relation to housing benefit, may be paid in respect of two dwellings in cases where the claimant is treated as occupying both dwellings as his home if he could not have avoided liability in respect of those two dwellings.

Regulation 2 amends the Income Support (General) Regulations 1987. The date on which the period begins is the first day of the benefit week in which the move occurs.

Regulation 3 amends the Jobseeker’s Allowance Regulations 1996 in the same manner as regulation 2 the Income Support (General) Regulations 1987.

Regulation 4(1) amends the State Pension Credit Regulations 2002. The date on which the period begins is the first day of the benefit week where the move takes place on that day, but if it does not, from the first day of the next following benefit week after the date of the move. This regulation also makes transitional provision for those persons to whom regulation 36(6) of the State Pension Credit (Consequential, Transitional and Miscellaneous Provisions) Regulations 2002 applies. Paragraph (3) modifies the State Pension Credit Regulations 2002. The date on which the period begins for the cases to which paragraph (2) applies, is the first day of the benefit week in which the move occurs.

Regulation 5 amends the Housing Benefit Regulations 2006. The date on which the period begins is the date on which he moved.

Regulation 6 amends the Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 2006 in the same manner as regulation 5 amends the Housing Benefit Regulations 2006.

A full regulatory impact assessment has not been produced for this instrument as it has no impact on the cost of business, charities or voluntary bodies.