Statutory Instrument 1999 No. 2734

The Housing Benefit (General) Amendment (No. 3) Regulations 1999

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STATUTORY INSTRUMENTS

1999 No. 2734
SOCIAL SECURITY
The Housing Benefit (General) Amendment (No. 3) Regulations 1999

	Made	30th September 1999
	Laid before Parliament	5th October 1999
	Coming into force in accordance with regulation 1(1)

The Secretary of State for Social Security in exercise of powers conferred by sections 123(1)(d), 130(2) and (4), 137(1) and 175(1), (3) and (4) of the Social Security Contributions and Benefits Act 1992[1] and section 63(3) of the Social Security Administration Act 1992[2] and of all other powers enabling him in that behalf, after consultation with the organisations appearing to him to be representative of the authorities concerned[3] and after reference to the Social Security Advisory Committee of proposals in respect of regulations 1 to 11 and 13 of this Instrument[4], and after agreement by the Social Security Advisory Committee that proposals in respect of regulation 12 of this Instrument should not be referred to it[5], hereby makes the following Regulations:

Citation, commencement and interpretation
1. - (1) These Regulations may be cited as the Housing Benefit (General) Amendment (No. 3) Regulations 1999 and shall come into force -

(2) In these Regulations "the Housing Benefit Regulations" means the Housing Benefit (General) Regulations 1987[6].

Amendment of regulation 2 of the Housing Benefit Regulations
2. In paragraph (1) of regulation 2 of the Housing Benefit Regulations (interpretation) there shall be inserted in the appropriate place the following definition -

" "supported accommodation" has the meaning given in paragraph 7 of Schedule 1 (ineligible service charges);".

Amendment of regulation 8 of the Housing Benefit Regulations
     3. In paragraph (2A) of regulation 8 of the Housing Benefit Regulations[7] (eligible housing costs) for the words "or Schedule 1 (ineligible service charges)" there shall be substituted the words "or Schedules 1 (ineligible service charges) or 1B (service charges for claimants in supported accommodation)".

Amendment of regulation 10 of the Housing Benefit Regulations
     4. In paragraph (7) of regulation 10 of the Housing Benefit Regulations (rent) for the words "Schedule 1" there shall be substituted the words "Schedules 1 (ineligible service charges) and 1B (service charges for claimants in supported accommodation)".

Amendment of regulation 11 of the Housing Benefit Regulations
     5. In regulation 11 of the Housing Benefit Regulations (maximum rent) after paragraph (5) there shall be inserted the following paragraphs -

" (5A) In a case where a maximum rent has been determined in respect of a claimant under paragraph (2), (3), (3A)[

that amount shall be deducted from the maximum rent before any increase under paragraph (5B).

(5D) In a case to which paragraph (4) applies, the appropriate authority shall reduce the relevant rent by the sum of those service charges for -

determined by a rent officer as eligible to be met by housing benefit, and use that relevant rent so reduced in determining whether that case should fall under either sub-paragraph (a) or (b) of that paragraph and in a case which falls under sub-paragraph (b) the sum of those service charges shall be deducted from the maximum rent before any increase under paragraph (5B)

(5E) In the case of a claimant who occupies supported accommodation and whose case falls under paragraph (5), the appropriate authority shall treat references to the local reference rent as references to the local reference rent plus those service charges it has determined as eligible to be met by housing benefit under sub-paragraphs (a)(iv)(cc), (c) and (f) of paragraph (1) of Schedule 1 (ineligible service charges) and Schedule 1B (service charges for claimants in supported accommodation).".

Amendment of regulation 12A of the Housing Benefit Regulations
6. In paragraph (1A) of regulation 12A of the Housing Benefit Regulations[10] (requirement to refer to rent officers) -

(c) sub-paragraph (c)[11] shall be omitted; and

(d) after paragraph (1A) there shall be inserted the following paragraph -

Amendment of regulation 68 of the Housing Benefit Regulations
7. In regulation 68 of the Housing Benefit Regulations[12] (date on which change of circumstances is to take effect) -

Amendment of Schedule 1 to the Housing Benefit Regulations
8. - (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 head (iv) of sub-paragraph (a) for the words "(other than communal areas)" to the end of the head there shall be substituted the words -

(b) in sub-paragraph (c) for the words "such a system" to the end of that sub-paragraph there shall be substituted the words "the claimant is in supported accommodation and those charges fall under paragraph 4 of Schedule 1B (service charges for claimants in supported accommodation);"; and

(c) in sub-paragraph (f)[13] for heads (i) to (iii) there shall be substituted the following heads -

(3) In paragraph 7 -

(v) for the words "accommodation which would fall" to the end of the definition there shall be substituted the words -

" where a community care assessment to which head (c) refers is made following a period in which the claimant has incurred liability in respect of any of the services specified in the exceptions provided in sub-paragraphs (a)(iv)(cc), (c) and (f) of paragraph 1 of this Schedule and Schedule 1B (service charges for claimants in supported accommodation) and that liability is continuous up to the date of that community care assessment, the appropriate authority shall treat the assessment as if it were made on -

the date on which that claim is made or treated as made;

(ii) in the case of a claimant who was entitled to housing benefit on -

but whose award would have been for a higher amount had the community care assessment been made earlier, the 3rd or 1st April as the case may be; or

(iii) in the case of a claimant who claims housing benefit on or after 1st April 2000 but is not entitled to that benefit, but who would have been so entitled had the community care assessment been made on or before that date, the date on which his entitlement would have commenced under regulation 65 (date on which entitlement is to commence had that community care assessment been made on the date on which he made that claim.".

Insertion of Schedule 1B to the Housing Benefit Regulations
9. After Schedule 1A to the Housing Benefit Regulations[17] (excluded tenancies) there shall be inserted the following schedule -

" SCHEDULE 1B

Regulation 10 and Schedule 1

SERVICE CHARGES FOR CLAIMANTS IN SUPPORTED ACCOMMODATION

Subject to paragraph 3 of Schedule 1 the service charges specified in paragraphs 2 to 4 shall be eligible to be met by housing benefit.

The service charges in respect of general counselling or other support which fall under this paragraph are -

such charges to include those in respect of time spent in the provision of general counselling or other support which assists the claimant with contacts with individuals or professional or other bodies with an interest in ensuring his welfare; and

(d) provided that they are not charges specified in any of sub-paragraphs (a)-(c), charges in respect of time spent in the provision of general counselling or other support which is provided to the claimant -

3. The service charges in respect of the cleaning of rooms and windows which fall under this paragraph are those where neither the claimant nor any member of his household is able to clean them himself.

4. The service charges in respect of the provision of an emergency alarm system which fall under this paragraph are those where the emergency alarm system is provided in accommodation which is occupied by elderly, sick or disabled persons and such accommodation, apart from the alarm system, is either -

(i) specifically designed or adapted for such persons, or

(ii) otherwise particularly suitable for them, having regard to its size, heating system and other major features or facilities.".

Amendment of the Housing Benefit (General) Amendment Regulations 1995
10. Regulation 10 (saving provision) of the Housing Benefit (General) Amendment Regulations 1995[18] shall be amended as follows -

" but as if references to Schedule 1 (ineligible service charges) were references to Schedules 1 (ineligible service charges) and 1B (service charges for claimants in supported accommodation) as in force on 3rd April 2000, and as if in paragraph (7) of regulation 10 there were substituted for the words "and Schedule 1" the words "Schedules 1 (ineligible service charges) and 1B (service charges for claimants in supported accommodation)"";

" where that body or a person acting on its behalf also provides the claimant with care, support or supervision".

Savings
11. - (1) In paragraph (1) of regulation 12 of the Housing Benefit Regulations as saved by paragraph (3) of regulation 4 of the Housing Benefit and Council Tax Benefit (General) Amendment Regulations 1997[19] ("the 1997 Regulations") for the word "may" where it first appears there shall be substituted the word "shall".

(2) In a case where the claimant is a person who meets the conditions specified in paragraph (3) the appropriate authority shall, when calculating 50 per cent. of the amount by which the relevant rent exceeds the local reference rent, deduct from the relevant rent the following charges determined by the rent officer as eligible to be met by housing benefit -

(3) The conditions of this paragraph are that the claimant is a person -

(4) In a case where the claimant is a person to whom paragraph (3) of regulation 4 (savings) of the 1997 Regulations applies the appropriate authority shall apply regulation 12 as if -

Amendment of regulation 3 of the Housing Benefit (General) Amendment (No. 2) Regulations 1997
12. In regulation 3 of the Housing Benefit (General) Amendment (No. 2) Regulations 1997[20] (date the Regulations are to cease to have effect), for the words "on 31st October 1999" there shall be substituted the words "in any case where rent is payable at intervals of a whole number of weeks, on 2nd April 2000, and in any other case on 31st March 2000".

Cessation in operation of these Regulations
13. These Regulations shall cease to have effect -

(a) in any case where rent is payable at intervals of a whole number of weeks, on 6th April 2003; and

(b) in any other case, on 31st March 2003,

and the Housing Benefit Regulations, the Housing Benefit (General) Amendment Regulations 1995[21] and the Housing Benefit and Council Tax Benefit (General) Amendment Regulations 1997[22] shall apply thereafter as if the amendments made to them by these Regulations had not been made.

Signed by authority of the Secretary of State for Social Security.

Angela Eagle
Parliamentary Under-Secretary of State, Department of Social Security

30th September 1999