The Housing Benefit (General) Amendment Regulations 1992

Made: 7th February 1992

Laid before Parliament: 7th February 1992

Coming into force

The Secretary of State for Social Security, in exercise of powers conferred by sections 20(8) and 84(1) of the Social Security Act 1986[^f00001] and section 166(1) to (3A) of the Social Security Act 1975[^f00002], and of all other powers enabling him in that behalf, it having appeared to him that by reason of the urgency of the matter it is inexpedient to consult with organisations appearing to him to be representative of the authorities concerned[^f00003] and that by reason of the urgency of the matter it is inexpedient to refer proposals to make these Regulations to the Social Security Advisory Committee[^f00004], hereby makes the following Regulations:

Citation, commencement and interpretation

1

• (1) These Regulations may be cited as the Housing Benefit (General) Amendment Regulations 1992 and shall come into force as follows—

• (a) regulation 1, and regulation 2 insofar only as it relates to any case where rent is payable at intervals of one month or any other interval which is not a week or a multiple of a week, on 1st April 1992;

• (b) regulation 2, except in a case to which sub-paragraph (a) above relates, on 6th April 1992.

• (2) In these Regulations “the Housing Benefit Regulations” shall mean the Housing Benefit (General) Regulations 1987[^f00005].

Amendment to the Housing Benefit Regulations

2

In regulation 8 of the Housing Benefit Regulations (eligible housing costs)

• (a) in paragraph (1) for the words “paragraph (2)” there shall be substituted the words “paragraphs (2) and (2A)”;

• (b) after paragraph (2) there shall be inserted the following paragraph—

(2A) Where any payment for which a person is liable in respect of a dwelling and which is specified in regulation 10(1) (payments of rent for which housing benefit is payable), is increased on account of (a) outstanding arrears of any payment or charge, or (b) any other unpaid payment or charge - to which paragraphs (1) to (3) of that regulation or Schedule 1 (ineligible charges) refer and which is or was formerly owed by him in respect of that or another dwelling, a rent rebate or, as the case may be, a rent allowance shall not be payable in respect of that increase.

Signed

Signed by authority of the Secretary of State for Social Security.

Ann Widdecombe — Parliamentary Under-Secretary of State, — Department of Social Security — 7th February 1992

Explanatory note

(This note is not part of the Regulations)

These Regulations amend the Housing Benefit (General) Regulations 1987 and provide that where a person’s rent or payments in respect of adwelling are increased on account of outstanding arrears or unpaid sums which he owes or formerly owed in respect of that or another dwelling,housing benefit shall not be payable in respect of that increase.

Footnotes

[^f00001]: 1986 c. 50; section 84(1) is an interpretation provision and is cited because of the meanings assigned to the words “prescribed” and “regulations”.

[^f00002]: 1975 c. 14; section 166(3) was amended by the Social Security Act1989 (c. 24), section 31(1) and Schedule 8 paragraph 10; section 166(3A) was inserted by section 62(1) of the Social Security Act 1986 and section 166(1) to (3A) is applied by section 83(1) of that Act.

[^f00003]: See section 61(7) and (8)(a) of the Social Security Act 1986; section 61(7) was amended by the Local Government Finance Act 1988 (c. 41), Schedule 10 paragraph 10.

[^f00004]: See the Social Security Act 1986 section 61(1)(a) and (10). The Social Security Act 1989 (c. 24) added a definition of “regulations” to section 61(1) of the Social Security Act 1986.

[^f00005]: S.I. 1987/1971; relevant amending instruments are S.I.1988/1444 and 1971 and 1990/546.