The Housing Benefit (General) Amendment Regulations 2003

• Citation: S.I. 2003/363
• Sections: 5

Section 1 Citation, commencement and interpretation

(1) These Regulations may be cited as the Housing Benefit (General) Amendment Regulations 2003.

(2) These Regulations shall come into force—

(a) for the purposes of regulation 5, on 30th March 2003; and

(b) for all other purposes—

(i) in relation to any case where rent is payable at intervals of a whole number of weeks, on 7th April 2003; and

(ii) in relation to any other case, on 1st April 2003.

(3) In these Regulations “the Housing Benefit Regulations ” means the Housing Benefit (General) Regulations 1987 .

Section 2 Amendment of regulations 12 and 12A of the Housing Benefit Regulations

(1) In regulation 12(1) of the Housing Benefit Regulations (restriction on rent increases) as saved by regulation 4(3) of the Housing Benefit and Council Tax Benefit (General) Amendment Regulations 1997 for “may” where it first appears there shall be substituted “shall”.

(2) In regulation 12A of the Housing Benefit Regulations (requirement to refer to rent officers)—

(a) in paragraph (1A)(b), for “1(d)” there shall be substituted “1(a)(iv) and (c)”;

(b) paragraph (1A)(c) shall be omitted; and

(c) in paragraph (7A) , for “specified in paragraph (1ZA)” there shall be substituted “to which paragraph (1A)(b) applies”.

Section 3 Amendment of Schedule 1 to the Housing Benefit Regulations

(1) Schedule 1 to the Housing Benefit Regulations (ineligible service charges) shall be amended in accordance with the following provisions of this regulation.

(2) In paragraph 1—

(a) in sub-paragraph (a)(iv), for the words from “(other than” to “them himself;” there shall be substituted

except cleaning of—

(aa) communal areas; or

(bb) the exterior of any windows where neither the claimant nor any member of his household is able to clean them himself,

where a qualifying payment is not made in respect of such cleaning;

(b) in sub-paragraph (c), the words from “, except where such a system” to the end of the sub-paragraph shall be omitted; and

(c) in sub-paragraph (f) , the words from “, except where those services” to the end of the sub-paragraph shall be omitted.

(3) In paragraph 7—

(a) after the definition of “fuel” there shall be inserted—

“qualifying payment” means any payment made by a local authority to the claimant or his partner, or to another person on their behalf, relating to—

welfare services in respect of which the Secretary of State has paid a grant to the local authority under section 93(1) of the Local Government Act 2000 (grants for welfare services);

welfare services in respect of which the National Assembly for Wales has paid a grant to the local authority under section 93(2) of the Local Government Act 2000; or

housing support services in respect of which Scottish Ministers have paid a grant to the local authority under section 91(1) of the Housing (Scotland) Act 2001 (grants for housing support services);

and for these purposes, “local authority” shall include, in relation to England, a county council.

(b) the definition of “supported accommodation” is omitted.

Section 4 Amendment of regulation 10 of the Housing Benefit (General) Amendment Regulations 1995

In regulation 10(6) of the Housing Benefit (General) Amendment Regulations 1995 (saving provision), in the definition of “exempt accommodation”, in head (ii) for the words from “where care” to “that accommodation” there shall be substituted “where that body or a person acting on its behalf also provides the claimant with care, support or supervision”.

Section 5 Amendment of regulation 13 of the Housing Benefit (General) Amendment (No.3) Regulations 1999

In regulation 13 of the Housing Benefit (General) Amendment (No.3) Regulations 1999 (cessation in operation of these Regulations)—

(a) for “These Regulations” there shall be substituted “Regulations 1 to 12 of these Regulations”;

(b) in paragraph (a), for “6th April 2003” there shall be substituted “7th April 2003”; and

(c) in paragraph (b), for “31st March 2003” there shall be substituted “1st April 2003”.