The Housing Benefit (General) (Local Housing Allowance) Amendment Regulations 2003

Made: 18th September 2003

Laid before Parliament: 24th September 2003

Coming into force in accordance with regulation 1(1)

The Secretary of State for Work and Pensions, in exercise of the powers conferred upon him by sections 123(1)(d), 130(2) and (4), 137(1) and (2)(j) and 175(1) and (3) to (6) of the Social Security Contributions and Benefits Act 1992 , sections 5(1)(k) and (p) and (6),189(7) and 191 of the Social Security Administration Act 1992 , section 122 (3) and (5) of the Housing Act 1996 , and paragraphs 3(1), 4(4) and (6), 20(1)(b), (2) and (3) and 23(1) of Schedule 7 to the Child Support, Pensions and Social Security Act 2000 , and of all other powers enabling him in that behalf, after reference to the Social Security Advisory Committee and after consultation with organisations appearing to him to be representative of the authorities concerned , hereby makes the following Regulations:

Citation, commencement and interpretation

1

• (1) These Regulations may be cited as the Housing Benefit (General) (Local Housing Allowance) Amendment Regulations 2003 and shall come into force in relation to the area of a relevant authority specified in Schedule 1 to these Regulations, and in relation to that relevant authority, on the date specified in that Schedule in relation to that relevant authority.

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Amendment of regulation 2 of the principal Regulations

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Amendment of regulation 8 of the principal Regulations

3

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Insertion of regulation 8A into the principal Regulations

4

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Amendment of regulation 10 of the principal Regulations

5

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Insertion of regulations 11A and 11B into the principal Regulations

6

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Amendment of regulation 12A of the principal Regulations

7

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Amendment of regulation 12B of the principal Regulations

8

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Amendment of regulation 12C of the principal Regulations

9

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Amendment of regulation 12CA of the principal Regulations

10

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Insertion of regulation 12E into the principal Regulations

11

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Amendment of regulations 93 and 94 of the principal Regulations

12

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Insertion of Schedule 8 into the principal Regulations

13

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State Pension Credit

14

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Amendment of the Housing Benefit (General) Amendment Regulations 1995

15

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Amendment of the Housing Benefit and Council Tax Benefit (Decisions and Appeals) Regulations 2001

16

• (1) The Housing Benefit and Council Tax Benefit (Decisions and Appeals) Regulations 2001 shall be amended in accordance with the following provisions of this regulation.

• (2) In paragraph (3) of regulation 4 and paragraph (2)(c) of regulation 7 after the words “adopts a rent officer’s determination” insert “ , board and attendance determination, broad rental market area determination or local housing allowance determination ”.

• (3) In paragraph (3) of regulation 4, paragraph (2)(c) of regulation 7 and paragraph (6) of regulation 8 for the words “or substitute redetermination” substitute “ substitute redetermination, board and attendance redetermination, substitute board and attendance determination, substitute board and attendance redetermination, amended broad rental market area determination or amended local housing allowance determination ”.

• (4) After paragraph (2A) of regulation 7 insert the following paragraphs—

(2B) The appropriate relevant authority may make a decision under paragraph 4 of Schedule 7 to the Act upon its own initiative on the basis that the decision to be superseded is a decision in respect of which the maximum housing benefit would cease to have effect by virtue of regulation 8A of the Housing Benefit Regulations, but for the decision made in accordance with this regulation. (2C) For the purposes of paragraph (2B) and paragraph (15) of regulation 8 “maximum housing benefit” means the maximum housing benefit determined in accordance with regulations made under section 130(4) of the Social Security Contributions and Benefits Act 1992.

• (5) After paragraph (14) of regulation 8 insert the following paragraph—

(15) A decision to which regulation 7(2B) applies shall take effect from the day immediately following the day on which the maximum housing benefit would have ceased to have effect by virtue of regulation 8A of the Housing Benefit Regulations, but for the decision made in accordance with regulation 7(2B).

SCHEDULE 1

SCHEDULE 2

Signed

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

Chris Pond — Parliamentary Under-Secretary of State, — Department for Work and Pensions — 18th September 2003

Explanatory note

(This note is not part of the Regulations)

Footnotes

[^f00001]: 1992 c. 4; section 137(1) is cited because of the meaning ascribed to the word “prescribed”.

[^f00002]: 1992 c. 5; section 5(6) was inserted by section 120(1) of the Housing Act 1996 (c. 52); section 130(2) has been amended by paragraph 3 of Schedule 9 to the Local Government Finance Act 1992 (c. 14) and paragraph 174(4) of Schedule 13 to the Local Government etc. (Scotland) Act 1994 (c. 39); section 189(7) was amended by paragraph 24 of Schedule 9 to the Local Government Finance Act 1992 and paragraph 10 of Schedule 1 to the Social Security Administration (Fraud) Act 1997 (c. 47); section 191 is cited for the meaning of “prescribe”.

[^f00003]: 1996 c. 52.

[^f00004]: 2000 c. 19; paragraph 23(1) of Schedule 7 is cited for the meaning of “prescribed”.

[^f00005]: See section 172(1) of the Social Security Administration Act 1992.

[^f00006]: See section 176(1) of the Social Security Administration Act 1992.

[^f00007]: S.I. 1987/1971. Relevant amending instruments are S.I. 1988/1971, 1990/546, 1991/2742, 1993/317, 518 and 1150, 1994/2137, 1995/625, 1644, 2303 and 2868, 1996/965, 1510 and 2432, 1997/65, 852, 1995 and 2434, 1998/563, 1999/2401 and 2734, 2000/4 and 681, 2001/487, 1324 and 1605, 2002/490 and 2497 and 2003/48, 363 and 1338.

[^f00008]: See S.I. 1997/1984 and 1995. Relevant amending instruments to S.I. 1997/1984 are S.I. 2000/1 and 2003/2398. Relevant amending instruments to S.I. 1997/1995 are S.I. 2000/3 and 2003/2398.

[^f00009]: S.I. 1995/1644. Relevant amending instruments to regulation 10 are S.I. 1996/462 and 2432, 1998/563 and 2231 and 2003/363 and 1338.

[^f00010]: S.I. 1987/1971. Relevant amending instruments are S.I. 1988/1971, 1990/546, 1991/2742, 1993/317, 518 and 1150, 1994/2137, 1995/625, 1644, 2303 and 2868, 1996/965, 1510 and 2432, 1997/65, 852, 1995 and 2434, 1998/563, 1999/2401 and 2734, 2000/4 and 681, 2001/487, 1324 and 1605, 2002/490 and 2497 and 2003/48, 363 and 1338.

[^f00011]: S.I. 1997/1984 and 1995. Relevant amending instruments to S.I. 1997/1984 are S.I. 2000/1 and 2003/2398. Relevant amending instruments to S.I. 1997/1995 are S.I. 2000/3 and 2003/2398.

[^f00012]: 1996 c. 52.

[^f00013]: 2001 asp.10.

[^f00014]: Schedule 7 was revoked by S.I. 2001/1605.

[^f00015]: S.I. 2001/1002. Relevant amending instruments are S.I. 2002/490 and 1379 and 2003/1050, 1338 and 2275.

Editorial notes

[^c521214]: 1992 c. 4; section 137(1) is cited because of the meaning ascribed to the word “prescribed”.

[^c521215]: 1992 c. 5; section 5(6) was inserted by section 120(1) of the Housing Act 1996 (c. 52); section 130(2) has been amended by paragraph 3 of Schedule 9 to the Local Government Finance Act 1992 (c. 14) and paragraph 174(4) of Schedule 13 to the Local Government etc. (Scotland) Act 1994 (c. 39); section 189(7) was amended by paragraph 24 of Schedule 9 to the Local Government Finance Act 1992 and paragraph 10 of Schedule 1 to the Social Security Administration (Fraud) Act 1997 (c. 47); section 191 is cited for the meaning of “prescribe”.

[^c521216]: 1996 c. 52.

[^c521217]: 2000 c. 19; paragraph 23(1) of Schedule 7 is cited for the meaning of “prescribed”.

[^c521218]: See section 172(1) of the Social Security Administration Act 1992.

[^c521219]: See section 176(1) of the Social Security Administration Act 1992.

[^c2200057]: Reg. 1 coming into force in accordance with {reg. 1(1)}

[^c2200084]: Reg. 16 coming into force in accordance with {reg. 1(1)}

[^c521228]: S.I. 2001/1002. Relevant amending instruments are S.I. 2002/490 and 1379 and 2003/1050, 1338 and 2275.

[^key-7e69d64a40ad41beb7b3451cc2f83c4a]: Regs. 2-15 revoked (6.3.2006) by The Housing Benefit and Council Tax Benefit (Consequential Provisions) Regulations 2006 (S.I. 2006/217), reg. 1(1), Sch. 1 (with regs. 2, 3, Schs. 3, Sch. 4)

[^key-0c4258fbfeec5379043606ba8590a33c]: Schs. 1, 2 revoked (6.3.2006) by The Housing Benefit and Council Tax Benefit (Consequential Provisions) Regulations 2006 (S.I. 2006/217), reg. 1(1), Sch. 1 (with regs. 2, 3, Schs. 3, Sch. 4)

[^key-12529adbda4cb1dd7f9ca994d0b3f43a]: Reg. 1(2) revoked (6.3.2006) by The Housing Benefit and Council Tax Benefit (Consequential Provisions) Regulations 2006 (S.I. 2006/217), reg. 1(1), Sch. 1 (with regs. 2, 3, Schs. 3, Sch. 4)