The Housing Benefit (Amendment) Regulations 2006

• Citation: S.I. 2006/644
• Sections: 4

Section 1 Citation and commencement

These Regulations may be cited as the Housing Benefit (Amendment) Regulations 2006 and shall come into force on 3rd April 2006.

Section 2 Amendment of the Housing Benefit Regulations 2006

In the Housing Benefit Regulations 2006 after regulation 91 (time and manner of payment) insert—

Cases in which payments to a housing authority are to take the form of a rent allowance

(91A)

(1) Where the occupier of a dwelling is liable to make payments in respect of that dwelling to a housing authority as a result of the making of an order specified in paragraph (2), housing benefit in respect of those payments shall take the form of a rent allowance.

(2) The orders specified for the purposes of paragraph (1) are—

(a) a management control order made in accordance with section 74 of the Antisocial Behaviour etc. (Scotland) Act 2004 ;

(b) an interim management order made in accordance with section 102 of the Housing Act 2004 ;

(c) a final management order made in accordance with section 113 of that Act;

(d) an interim empty dwelling management order made in accordance with section 133 of that Act; and

(e) a final empty dwelling management order made in accordance with section 136 of that Act.

Section 3 Amendment of the Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 2006

In the Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 2006 after regulation 72 (time and manner of payment) insert—

Cases in which payments to a housing authority are to take the form of a rent allowance

(72A)

(1) Where the occupier of a dwelling is liable to make payments in respect of that dwelling to a housing authority as a result of the making of an order specified in paragraph (2), housing benefit in respect of those payments shall take the form of a rent allowance.

(2) The orders specified for the purposes of paragraph (1) are—

(a) a management control order made in accordance with section 74 of the Antisocial Behaviour etc. (Scotland) Act 2004 ;

(b) an interim management order made in accordance with section 102 of the Housing Act 2004 ;

(c) a final management order made in accordance with section 113 of that Act;

(d) an interim empty dwelling management order made in accordance with section 133 of that Act; and

(e) a final empty dwelling management order made in accordance with section 136 of that Act.

Section 4 Amendment of the Housing Benefit and Council Tax Benefit (Decisions and Appeals) Regulations 2001

In the Housing Benefit and Council Tax Benefit (Decisions and Appeals) Regulations 2001 in regulation 4 (revision of decisions) after paragraph (7D) insert—

(7E) Where a court makes an order under section 71 of the Antisocial Behaviour etc. (Scotland) Act 2004 and that order is set aside by the sheriff principal following an appeal under section 72(1) of that Act, a decision made in accordance with regulation 7(2)(a) may be revised at any time.

(7F) Where a local authority has served a notice in accordance with section 94 of the Antisocial Behaviour etc. (Scotland) Act 2004 and that notice is set aside by a court following an appeal under section 97(1) of that Act, a decision made in accordance with regulation 7(2)(a) may be revised at any time.