The Housing Benefit and Council Tax Benefit (Decisions and Appeals and Discretionary Financial Assistance) (Consequential Amendments and Revocations) Regulations 2001

Statutory Instrument 2001 No. 1605

The Housing Benefit and Council Tax Benefit (Decisions and Appeals and Discretionary Financial Assistance) (Consequential Amendments and Revocations) Regulations 2001

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STATUTORY INSTRUMENTS

2001 No. 1605
SOCIAL SECURITY
The Housing Benefit and Council Tax Benefit (Decisions and Appeals and Discretionary Financial Assistance) (Consequential Amendments and Revocations) Regulations 2001

	Made	26th April 2001
	Laid before Parliament	1st May 2001
	Coming into force	2nd July 2001

The Secretary of State for Social Security, in exercise of the powers conferred upon him by sections 68 and 69 of, and paragraph 20(1)(b) and (3) of Schedule 7 to, the Child Support, Pensions and Social Security Act 2000[1], section 79(3) and (6) of the Social Security Act 1998[2] and sections 5(1)(hh), 6(1)(hh), 189(5) and 191 of the Social Security Administration Act 1992[3], and of all other powers enabling him in that behalf, after consultation with organisations appearing to him to be representative of the authorities concerned[4] and which is made before the end of a period of six months beginning with the coming into force of sections 68 and 69 of the Child Support, Pensions and Social Security Act 2000[5], by this Instrument, hereby makes the following Regulations:

Citation, commencement and interpretation
1. - (1) These Regulations may be cited as the Housing Benefit and Council Tax Benefit (Decisions and Appeals and Discretionary Financial Assistance) (Consequential Amendments and Revocations) Regulations 2001 and shall come into force on 2nd July 2001.

(2) In these Regulations -

"the Council Tax Benefit Regulations" means the Council Tax Benefit (General) Regulations 1992[

Definitions
2. - (1) In regulation 2(1) of the Council Tax Benefit Regulations (interpretation) there shall be inserted in the appropriate places the following definitions -

" "the Decisions and Appeals Regulations" means the Housing Benefit and Council Tax Benefit (Decisions and Appeals) Regulations 2001[

"relevant authority" means an authority administering council tax benefit;".

(2) In regulation 2(1) of the Housing Benefit Regulations (interpretation) there shall be inserted in the appropriate places the following definitions -

" "the Decisions and Appeals Regulations" means the Housing Benefit and Council Tax Benefit (Decisions and Appeals) Regulations 2001;";

"relevant authority" means an authority administering housing benefit;".

(3) In regulation 2(1) of both the Council Tax Benefit Regulations and the Housing Benefit Regulations, for the definition of "person affected" there shall be substituted the following definition -

" "person affected" shall be construed in accordance with regulation 3 of the Decisions and Appeals Regulations;".

Substitution of references to "appropriate authority" and "appropriate local authority"
     3. - (1) Except in a case where paragraph (3)(a) below applies, in the provisions of the Council Tax Benefit Regulations specified in Part I of Schedule 1 to these Regulations, for the words "appropriate authority", wherever those words appear, there shall be substituted the words "relevant authority".

    (2) Except in a case where paragraph (3)(b) below applies, in the provisions of the Housing Benefit Regulations specified in Part II of Schedule 1 to these Regulations, for the words "appropriate authority" and "appropriate local authority", wherever those words appear, there shall be substituted the words "relevant authority".

    (3) In -

(a) regulations 56(2), 62(10) and (11), 63(5), 67(1), 77(1) and (4), 87(1) and 91(2) of, and paragraphs 1 and 16 of Schedule 6 to, the Council Tax Benefit Regulations; and

(b) regulations 12A(1), (2A) and (5)[

for the words "an appropriate authority" or "an appropriate local authority" there shall be substituted the words "a relevant authority".

(4) In regulation 2(1) of the Council Tax Benefit Regulations, the definition of "appropriate authority" shall be omitted.

Substitution of references to "determination" and related references
4. - (1) In the Council Tax Benefit Regulations -

(a) in regulation 62(4)(c), for the words "date of determination of" there shall be substituted the words "date on which a decision was made";

(b) in regulation 64, for the word "determination" in both places where that word appears, there shall be substituted the word "decision";

(c) in regulation 65(1), for the words "its determination" there shall be substituted the words "a decision being made on it";

(d) in the title to Part IX, for the words "Determination of" there shall be substituted the words "Decisions on";

(e) in regulation 66 -

(f) in regulation 67 -

(g) in regulation 90(1)(b) and (3)[12], for the word "determination" there shall be substituted the word "decision";

(h) in paragraph 9 of Schedule A1[13] and in the title to that paragraph, for the words "notice of determination" there shall be substituted the words "the decision notice".

(2) In the Housing Benefit Regulations -

(b) in regulation 72(4)(c), for the words "date of determination of" there shall be substituted the words "date on which a decision was made";

(c) in regulation 74, for the word "determination" in both places where that word appears, there shall be substituted the word "decision";

(d) in regulation 75(1), for the words "its determination" there shall be substituted the words "a decision being made on it";

(e) in the title to Part XI, for the words "Determination of" there shall be substituted the words "Decisions on";

(f) in regulation 76 -

(g) in regulation 77 -

(h) in regulation 91 -

(i) in regulation 91A(1)[17], for the word "determine" there shall be substituted the words "make a decision on";

(j) in regulation 94(1A)[18], for the words "determination of" there shall be substituted the words "making of a decision on";

(k) in regulation 97(1A)[19], for the word "determination" there shall be substituted the word "decision";

(l) in regulation 98, for the word "determined" there shall be substituted the word "decided";

(m) in regulation 104(1)(b) and (3)[20], for the word "determination" there shall be substituted the word "decision";

(n) in paragraph 10 of Schedule A1[21] and in the title to that paragraph, for the words "notice of determination" there shall be substituted the words "the decision notice".

Substitution of references to "review" and related references
5. - (1) In the Council Tax Benefit Regulations -

(a) in regulation 27(5)[

(d) in regulation 83, for the words "initial determination or as subsequently revised on review or further review", there shall be substituted the words "the initial decision as subsequently revised or further revised";

(e) in regulation 84(5) -

(2) In the Housing Benefit Regulations -

(c) in regulation 98, for the words "initial determination or as subsequently revised on review or further review", there shall be substituted the words "the initial decision as subsequently revised or further revised";

(d) in regulation 99(4)[24] -

Amendment of Schedule 6 to both the Council Tax Benefit Regulations and the Housing Benefit Regulations
6. - (1) In Schedule 6 to the Council Tax Benefit Regulations[25] -

"Every decision notice following an application for a revision in accordance with regulation 4(1)(a) of the Decisions and Appeals Regulations shall, if the original decision has been revised, include a statement as to the right of any person affected by that decision to apply for a revision in accordance with regulation 4(1)(a) of those Regulations and the manner and time in which to do so.";

(2) In Schedule 6 to the Housing Benefit Regulations[26] -

" Every decision notice following an application for a revision in accordance with regulation 4(1)(a) of the Decisions and Appeals Regulations shall, if the original decision has been revised, include a statement as to the right of any person affected by that decision to apply for a revision in accordance with regulation 4(1)(a) of those Regulations and the manner and time in which to do so.";

Rent Officer determinations
7. In the Housing Benefit Regulations -

(a) in regulation 12B(1)(b)[

Application for redetermination by Rent Officer

12CA.

- (1) This paragraph applies where -

    (2) Subject to paragraphs (3) and (4), where paragraph (1) applies, the relevant authority shall, within 7 days of receiving the representations, apply to the Rent Officer for a redetermination or, as the case may be, a further redetermination in exercise of the Housing Act functions and a copy of those representations shall accompany the local authority's application.

    (3) Except where paragraph (4) applies, a relevant authority, in relation to any determination by a Rent Officer of an application under regulation 12A(1)(requirement to refer to rent officers), shall not apply for a redetermination under paragraph (2) more than once in respect of an individual claimant's dwelling to which that determination relates.

    (4) Paragraph (2) shall operate so as to require a relevant authority to make a second application where the following conditions are met in addition to those imposed by that paragraph -

(5) Where a decision has been revised in consequence of a redetermination, substitute determination or substitute redetermination by a Rent Officer in exercise of the Housing Act functions and that redetermination, substitute determination or substitute redetermination has led to -

(c) in regulation 12D, for the words "12B and 12C and 79(4A) and (4B)" there shall be substituted the words "12B, 12C and 12CA".

Evidence and information
8. - (1) In regulation 63 of the Council Tax Benefit Regulations[28] (evidence and information) -

(2) In regulation 73 of the Housing Benefit Regulations[29] (evidence and information) -

Other consequential amendments
9. - (1) In the Council Tax Benefit Regulations -

(a) in regulation 59(1)[

acting as such; or

(d) a person providing services to either Department or to the Commissioners referred to in (c),

where the claimant, a person acting on his behalf or any other person to whom the payment is made, did not cause or materially contribute to that mistake, act or omission.".

(2) In the Housing Benefit Regulations -

(c) in regulation 96(1)[33], the words ", including any payment withheld under regulation 95(1) or (2)," shall be omitted;

(d) for regulation 99(3), there shall be substituted the following paragraph -

acting as such; or

(d) a person providing services to either Department or to the Commissioners referred to in (c),

where the claimant, a person acting on his behalf or any other person to whom the payment is made, did not cause or materially contribute to that mistake, act or omission.".

Revocations
     10. - (1) The provisions of the Council Tax Benefit Regulations specified in Part I of Schedule 2 to these Regulations shall be revoked.

    (2) The provisions of the Housing Benefit Regulations specified in Part II of Schedule 2 to these Regulations shall be revoked.

Maximum housing benefit: consequential amendments
     11. - (1) In regulation 61 of the Housing Benefit Regulations (maximum housing benefit) -

(a) in paragraph (1), the words "Subject to the following provisions of this regulation," shall be omitted;

(b) paragraphs (2), (3) and (4) shall be omitted;

(c) paragraph (1) shall be renumbered "61.".

(2) In paragraph 7 of Schedule A1 to the Housing Benefit Regulations (claims for housing benefit by refugees: calculation of amount of benefit) -

(a) in sub-paragraph (1), the words "Subject to sub-paragraph (2)," shall be omitted;

(b) sub-paragraph (2) shall be omitted;

(c) sub-paragraph (1) shall be renumbered "7.".

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

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

26th April 2001

SCHEDULE 1Regulation 3

PART I
SUBSTITUTION OF REFERENCES TO "APPROPRIATE AUTHORITY" IN THE COUNCIL TAX BENEFIT REGULATIONS
Definition of "designated office" in regulation 2(1)

Regulation 3(3)

Regulation 12(1)

Regulation 14(2) and (3)

Regulation 22(7)

Regulation 26(2B)[34],(4), (4A)[35],(4C)[36], (5) and (5A)[37]

Regulation 50

Regulation 52(7)

Regulation 53A(1A)[38]

Regulation 57(1), (2) and (4)

Regulation 58(1)[39]

Regulation 61(1) and (3) to (7)[40]

Regulation 62(1) to (4), (7), (8), (10), (11) to (13), (15) and (15A)[41]

Regulation 63(1), (2), (4) and (5)[42]

Regulation 65(2)

Regulation 66(1), (4) and (5)[43]

Regulation 67(1)

Regulation 77(1) to (3)

Regulation 79(1) and (2)

Regulation 81(1) and (3)

Regulation 83(b)

Regulation 84(5)

Regulation 85

Regulation 87(2) and (3)

Regulation 89(1)

Regulation 90(1) and (3)[44]

Schedule A1[45] -

paragraph 2(1) to (3)

paragraph 2A(1) and (3)

paragraph 4(1), (2) and (4)

paragraph 5

paragraph 7(2) to (4)

Schedule 5A[48] -

paragraph 2

paragraph 5

Schedule 6 -

paragraph 4

paragraph 11(b)

paragraph 16

PART II
SUBSTITUTION OF REFERENCES TO "APPROPRIATE AUTHORITY" AND "APPROPRIATE LOCAL AUTHORITY" IN THE HOUSING BENEFIT REGULATIONS
Definition of "designated office" in regulation 2(1)

Regulation 11(5B), (5D) and (5E)[49]

Regulation 11(2), (4) and (6) (as saved by S.I.1995/1644)

Regulation 11(9)

Regulation 12(1) (as saved by S.I. 1997/852)

Regulation 12A(1), (1A), (1B), (2), (4), (5) and (7A)[50]

Regulation 12C(2)[51]

Regulation 20(1)

Regulation 22(2) and (3)

Regulation 31(7)

Regulation 35(2B)[52], (4), (4A)[53], (4C)[54], (5) and (5A)[55]

Regulation 50(3)

Regulation 60

Regulation 62A(1A)[56]

Regulation 66(1), (2), (4) and (5)[57]

Regulation 67(1)[58]

Regulation 71(1) and (3) to (6)

Regulation 72(1) to (4), (7), (8), (11), (12), (14)[59] and (14A)[60]

Regulation 73(2), (4) and (5)

Regulation 76(1), (4) and (5)

Regulation 88(1) and (2)

Regulation 90(3) to (5)

Regulation 91(1)

Regulation 91A(1)[61]

Regulation 93(3)[62]

Regulation 94(1B)[63]

Regulation 96(1), (3) and (5)[64]

Regulation 99(4)[65]

Regulation 103 (1)

Regulation 104(1) and (3)[66]

Regulation 106[67]

Schedule A1[68]

paragraph 2(1) and (3)

paragraph 2A(1) and (3)

paragraph 3(2)

paragraph 5(1), (2) and (4)

paragraph 6

paragraph 8(2) and (4)

Schedule 1 -

paragraph 3

paragraph 6(1)(b)

Schedule 1A[72] -

paragraph 2(4)

Schedule 5A[73] -