The Housing Benefit and Council Tax Benefit (Miscellaneous Amendments) Regulations 2004

• Citation: S.I. 2004/781
• Sections: 5

Section 1 Citation, commencement and interpretation

(1) These Regulations may be cited as the Housing Benefit and Council Tax Benefit (Miscellaneous Amendments) Regulations 2004 and shall come into force on 9th April 2004.

(2) In these Regulations—

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

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

Section 2 Amendment of regulation 11 of the Housing Benefit Regulations

In regulation 11(6)(b) of the Housing Benefit Regulations (maximum rent) in heads (i) and (ii) after the words “12A(1)”, in each case where they occur, insert the words “(b), (bb)”.

Section 3 Amendment of regulation 12A of the Housing Benefit Regulations

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

(a) in paragraph (1)—

(i) after sub-paragraph (b) insert the following sub-paragraph—

(bb) it has received a notification of a change of dwelling; or

(ii) in sub-paragraph (d) for the words “or (b) above in relation to” substitute the words “, (b), (bb) or (c) above where the resulting determination has been applied to ”;

(b) in paragraph (3) after sub-paragraph (b) insert the following sub-paragraph—

(bb) relevant authority receiving a notification of a change of dwelling; or

(c) in paragraph (8), at the appropriate place, insert—

“change of dwelling” means a change of dwelling occupied by a claimant as his home during the award where the dwelling to which the claimant has moved is one in respect of which the authority may make a rent allowance;

Section 4 Amendment of Schedule 5A to the Housing Benefit Regulations and Schedule 5A to the Council Tax Benefit Regulations

(1) In paragraph 12(1) of Schedule 5A to the Housing Benefit Regulations (extended payment of housing benefit) in the definition of “second dwelling”—

(a) for the words “or is about to move” substitute the words “, or is about to move,”; and

(b) for the words “in respect of rent” substitute the words “of rent in respect”.

(2) In paragraph 8(1) of Schedule 5A to the Council Tax Benefit Regulations (extended payment of council tax benefit) in the definition of “second dwelling” for the words “in which he is” to the end of that definition substitute the words “in which he is or will be resident, and where the liability to pay council tax in respect of his dwelling follows on immediately from the liability to pay council tax in respect of his previous dwelling.”.

Section 5 Local housing allowance

(1) In relation to the area of a relevant authority specified in Schedule 1 to the Housing Benefit (General) (Local Housing Allowance) Amendment Regulations 2003 the Housing Benefit Regulations shall have effect subject to the modifications and amendments set out in paragraphs (2), (3) and (4).

(2) In regulation 10 (rent)—

(a) in paragraph (3B) after the words “or (b)(i), (ii) or (iii)” insert the words “(aa)”;

(b) in paragraph (3D) after the words “(b)(i),(ii) or (iv)” insert the words “(aa) to (cc)”;

(c) in sub-paragraphs (a) to (e) of paragraph (3I) after the words “in accordance with paragraph (3A) which is equal to or exceeds it”, in each place they occur, insert the words “or is based on a maximum rent (standard local rate) determined by virtue of regulation 11A(1)(b)(iv)(dd)”.

(3) In regulation 11A (maximum rent (standard local rate))—

(a) in sub-paragraph (b) of paragraph (1)—

(i) in head (iii) number the words from “a notification of a change” to the end of that head as sub-head (aa) and after that sub-head insert the following sub-head—

(bb) a notification of a change of dwelling where the change occurs on or after the 9th April 2004; or

(ii) in head (iv)—

(aa) after sub-head (bb) omit the word “or”; and

(bb) after sub-head (cc) insert the following sub-head—

;or

(dd) notification of a change of dwelling; or

(b) in paragraph (9), at the appropriate place, insert—

“change of dwelling” has the same meaning as in regulation 12A;”.

(4) In paragraph (2B) of regulation 12A after the words “paragraph (1)(a), (aa), (b)” insert the words “,(bb)”.