The Housing Benefit and Council Tax Benefit (Consequential Provisions) Regulations 2006

Made: 2nd February 2006

Laid before Parliament: 10th February 2006

Coming into force: 6th March 2006

The Secretary of State for Work and Pensions makes the following Regulations in exercise of the powers conferred upon him by sections 123(1)(d) and (e), 130(2) to (4), 131(3)(b), (5)(c)(ii), (7)(b) and (10), 132, 133(3) and (4), 134, 135(1), (2) and (6), 136, 136A(3) and (4)(a), 137(1) and (2)(c) to (f), (l) and (m) and 175(1) and (3) to (6) of the Social Security Contributions and Benefits Act 1992 , sections 1(1) and (1C), 5(1)(a) to (d) and (g) to (r) and (6), 6(1)(a) to (d), (g) to (r) and (u), 7(2), 7A, 75, 76(1) to (3), (6) and (8), 77(1), 113, 122E(3) and (4), 126A, 128A, 134(1A) and (8)(b), 138(1) and (9), 139(6)(b), 189(1) and (3) to (6) and 191 of the Social Security Administration Act 1992 , section 122(3) and (5) of the Housing Act 1996 and sections 34, 79(1) and (4) and 84 of the Social Security Act 1998 .

These Regulations are made for the purpose only of consolidating other regulations revoked by these Regulations .

In accordance with section 176(1) of the Social Security Administration Act 1992, the Secretary of State consulted with organisations appearing to him to be representative of the authorities concerned.

Citation, commencement and interpretation

1

• (1) These Regulations may be cited as the Housing Benefit and Council Tax Benefit (Consequential Provisions) Regulations 2006 and shall come into force on 6th March 2006.

• (2) In these Regulations—

• “the Act” means the Social Security Contributions and Benefits Act 1992;

• “the 1987 Regulations” means the Housing Benefit (General) Regulations 1987 ;

• “the 1992 Regulations” means the Council Tax Benefit (General) Regulations 1992 ;

• “Council Tax Benefit Regulations” means the Council Tax Benefit Regulations 2006 ;

• “the Council Tax Benefit (State Pension Credit) Regulations” means the Council Tax Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 2006 ;

• “the Housing Benefit Regulations” means the Housing Benefit Regulations 2006 ;

• “the Housing Benefit (State Pension Credit) Regulations” means the Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 2006 ;

• “the consolidating Regulations” means the Council Tax Benefit Regulations, the Council Tax Benefit (State Pension Credit) Regulations, the Housing Benefit Regulations and the Housing Benefit (State Pension Credit) Regulations.

Continuity of the law

2

• (1) The coming into force of the consolidating Regulations does not affect the continuity of the law.

• (2) Anything done or having effect as if done under or for the purposes of a provision revoked by these Regulations has effect, if it could have been done under or for the purposes of the corresponding provision of the consolidating Regulations, as if done under or for the purposes of that provision.

• (3) Any reference, whether express or implied, in the consolidating Regulations or any other instrument or document to a provision of the consolidating Regulations shall, in so far as the context permits, be construed as including, in relation to the times, circumstances and purposes in relation to which the corresponding provision of any regulation revoked by these Regulations has effect, a reference to that corresponding provision.

• (4) Any reference, whether express or implied, in any instrument or document to a provision of a regulation revoked by these Regulations shall be construed, so far as is required for continuing effect, as including a reference to the corresponding provision of the consolidating Regulations.

Revocations

3

• (1) The provisions specified in column 1 of Schedule 1 to these Regulations are revoked to the extent specified in column 3 of that Schedule.

• (2) The revocations have effect subject to any relevant savings in Schedule 3.

Documents referring to revoked provisions

4

Any document made, served or issued after the consolidating Regulations comes into force which contains a reference to any of the regulations revoked by these Regulations shall be construed, except so far as a contrary intention appears, as referring or, as the context may require, including a reference to the corresponding provision of the consolidating Regulations.

Consequential amendments

5

The amendments specified in Schedule 2 to these Regulations, which are consequential upon the consolidating Regulations, shall have effect.

Transitional provisions and savings

6

• (1) The provisions of Schedule 3 to these Regulations (which contains transitional provisions and savings) shall have effect.

• (2) The revocation by these Regulations of any provision previously repealed subject to savings does not affect the continued operation of those savings.

Transitory modifications

7

The transitory modifications in Schedule 4 to these Regulations shall have effect.

Amending Orders

8

An order which is made under section 150 of the Social Security Administration Act 1992 after the consolidating Regulations have been made and which amends any of the Regulations scheduled to be revoked by these Regulations shall have the effect also of making a corresponding amendment of the consolidating Regulations.

SCHEDULE 1 — Revocations