The Housing Benefit and Council Tax Benefit (Consequential Provisions) Regulations 2006

© Crown Copyright 2006

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"the 1987 Regulations" means the Housing Benefit (General) Regulations 1987[6];

"the 1992 Regulations" means the Council Tax Benefit (General) Regulations 1992[7];

"Council Tax Benefit Regulations" means the Council Tax Benefit Regulations 2006[8];

"the Council Tax Benefit (State Pension Credit) Regulations" means the Council Tax Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 2006[9];

"the Housing Benefit Regulations" means the Housing Benefit Regulations 2006[10];

"the Housing Benefit (State Pension Credit) Regulations" means the Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 2006[11];

"the consolidating Regulations" means the Council Tax Benefit Regulations, the Council Tax Benefit (State Pension Credit) Regulations, the Housing Benefit Regulations and the Housing Benefit (State Pension Credit) Regulations.

Continuity of the law
     2. —(1) The coming into force of the consolidating Regulations does not affect the continuity of the law.

    (2) Anything done or having effect as if done under or for the purposes of a provision revoked by these Regulations has effect, if it could have been done under or for the purposes of the corresponding provision of the consolidating Regulations, as if done under or for the purposes of that provision.

    (3) Any reference, whether express or implied, in the consolidating Regulations or any other instrument or document to a provision of the consolidating Regulations shall, in so far as the context permits, be construed as including, in relation to the times, circumstances and purposes in relation to which the corresponding provision of any regulation revoked by these Regulations has effect, a reference to that corresponding provision.

    (4) Any reference, whether express or implied, in any instrument or document to a provision of a regulation revoked by these Regulations shall be construed, so far as is required for continuing effect, as including a reference to the corresponding provision of the consolidating Regulations.

Revocations
     3. —(1) The provisions specified in column 1 of Schedule 1 to these Regulations are revoked to the extent specified in column 3 of that Schedule.

    (2) The revocations have effect subject to any relevant savings in Schedule 3.

Documents referring to revoked provisions
     4. Any document made, served or issued after the consolidating Regulations comes into force which contains a reference to any of the regulations revoked by these Regulations shall be construed, except so far as a contrary intention appears, as referring or, as the context may require, including a reference to the corresponding provision of the consolidating Regulations.

Consequential amendments
     5. The amendments specified in Schedule 2 to these Regulations, which are consequential upon the consolidating Regulations, shall have effect.

Transitional provisions and savings
     6. —(1) The provisions of Schedule 3 to these Regulations (which contains transitional provisions and savings) shall have effect.

    (2) The revocation by these Regulations of any provision previously repealed subject to savings does not affect the continued operation of those savings.

Transitory modifications
     7. The transitory modifications in Schedule 4 to these Regulations shall have effect.

Amending Orders
     8. An order which is made under section 150 of the Social Security Administration Act 1992 after the consolidating Regulations have been made and which amends any of the Regulations scheduled to be revoked by these Regulations shall have the effect also of making a corresponding amendment of the consolidating Regulations.



Signed by authority of the Secretary of State for Work and Pensions.


James Plaskitt
Parliamentary Under-Secretary of State, Department for Work and Pensions

2nd February 2006

(a) in paragraph 17(2)(a), for "paragraph 5(2) of Schedule 1 to the Housing Benefit (General) Regulations 1987", substitute "paragraph 6(2) of Schedule 1 to the Housing Benefit Regulations 2006";

(b) in paragraph 17(2)(b), for "paragraph 1 of Schedule 1 to the Housing Benefit (General) Regulations 1987" substitute "paragraph 1 of Schedule 1 to the Housing Benefit Regulations 2006"; and

(c) in paragraph 18(7)(e), for "regulation 63 of the Housing Benefit (General) Regulations 1987", substitute "regulation 74 of the Housing Benefit Regulations 2006".

    (6) In Schedule 3A[16] (protected sum)—

(a) in paragraph 1(1), in sub-paragraph (b) of the definition of "eligible housing benefit", for "regulation 61 of the Housing Benefit (General) Regulations 1987" substitute "regulation 70 of the Housing Benefit Regulations 2006";

(b) in paragraph 7(7)(b), for "regulation 65 or, as the case may be, 68(2) of the Housing Benefit (General) Regulations 1987", substitute "regulation 76 or, as the case may be, regulation 79(2) of the Housing Benefit Regulations 2006"; and

(c) in paragraph 7(8)(b), for "regulation 65 or, as the case may be, 68(2) of the Housing Benefit (General) Regulations 1987", substitute "regulation 76 or, as the case may be, regulation 79(2) of the Housing Benefit Regulations 2006".

    (7) In Schedule 3B[17] (protected sum)—

(a) in paragraph 1(1), in sub-paragraph (b) of the definition of "eligible housing benefit", for "regulation 61 of the Housing Benefit (General) Regulations 1987" substitute "regulation 70 of the Housing Benefit Regulations 2006";

(b) in paragraph 3(2), for "regulation 8(2)(b) of the Housing Benefit (General) Regulations 1987", substitute "regulation 11(2) of the Housing Benefit Regulations 2006";

(c) in paragraph 6(4)(b), for "regulation 65 or, as the case may be, 68(2) of the Housing Benefit (General) Regulations 1987", substitute "regulation 76 or, as the case may be, regulation 79(2) of the Housing Benefit Regulations 2006"; and

(d) in paragraph 6(5)(b), for "regulation 65 or, as the case may be, 68(2) of the Housing Benefit (General) Regulations 1987", substitute "regulation 76 or, as the case may be, regulation 79(2) of the Housing Benefit Regulations 2006".

    (8) In Schedule 9 (sums to be disregarded in the calculation of income other than earnings), in paragraph 5, for "regulation 7B of the Housing Benefit (General) Regulations 1987" substitute "regulation 10A of the Housing Benefit Regulations 2006".

    (9) In Schedule 10 (capital to be disregarded), in paragraph 48 for "regulation 7B of the Housing Benefit (General) Regulations 1987" substitute "regulation 10A of the Housing Benefit Regulations 2006[18]".

Amendment of the Social Security (Claims and Payments) Regulations 1987
     2. —(1) The Social Security (Claims and Payments) Regulations 1987[19] shall be amended in accordance with the provisions of this paragraph.

    (2) In regulation 33(1A)[20] (persons unable to act), for "regulation 71(3) of the Housing Benefit (General) Regulations 1987 or regulation 61(3) of the Council Tax Benefit (General) Regulations 1992", substitute "regulation 82(3) of the Housing Benefit Regulations 2006, regulation 63(3) of the Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 2006, regulation 68(3) of the Council Tax Benefit Regulations 2006, or regulation 52(3) of the Council Tax Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 2006".

    (3) In Schedule 9 (deductions from benefit and direct payment to third parties)—

(a) in paragraph 1, in sub-paragraph (1), for the definition of "Housing Benefit Regulations", substitute—

" "the Housing Benefit Regulations" mean the Housing Benefit Regulations 2006;
"the Housing Benefit (State Pension Credit) Regulations" mean the Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 2006;";

(b) in paragraph 4A[21] (hostel payments)—


(i) for sub-paragraph (4)[22] substitute—

    " (4) The provisions referred to in sub-paragraph (3)(a) above are regulation 12(6) of, and paragraphs 1(a)(ii) and (iv), 2, 3, 4 and either 6(1)(b) or 6(2) or 6(3) or 6(4) of Schedule 1 to, the Housing Benefit Regulations or, as the case may be, the Housing Benefit (State Pension Credit) Regulations."; and

(ii) sub-paragraph (5) shall be omitted; and



(c) in paragraph 5—



(i) in sub-paragraph (2), for "regulation 61 of the Housing Benefit Regulations", substitute "regulation 70 of the Housing Benefit Regulations or, as the case may be, regulation 50 of the Housing Benefit (State Pension Credit) Regulations";

(ii) in both sub-paragraph (3)(a) and sub-paragraph (7)[23], for "regulation 10(3) of the Housing Benefit Regulations", substitute "regulation 12(3) of the Housing Benefit Regulations or, as the case may be, the Housing Benefit (State Pension Credit) Regulations"; and

(iii) sub-paragraph (4) shall be omitted.

Amendment of the Employment Action (Miscellaneous Provisions) Order 1991
     3. In the Schedule to the Employment Action (Miscellaneous Provisions) Order 1991[24](list of subordinate legislation)—

(a) for the reference to the "Housing Benefit (General) Regulations 1987", substitute—

" The Housing Benefit Regulations 2006;";

(b) after that reference, insert—

" The Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 2006;";

(c) for the reference to the "Council Tax Benefit (General) Regulations 1992", substitute—

" The Council Tax Benefit Regulations 2006;"; and

(d) after that reference, insert—

" The Council Tax Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 2006".

Amendment of the Child Support (Maintenance Assessments and Special Cases) Regulations 1992
     4. —(1) The Child Support (Maintenance Assessments and Special Cases) Regulations 1992[25] shall be amended in accordance with the provisions of this paragraph.

    (2) In regulation 1(2) (citation, commencement and interpretation)—

(a) for the definition of "Housing Benefit Regulations", substitute—

" "Housing Benefit Regulations" means the Housing Benefit Regulations 2006;";

(b) after that definition, insert—

" "Housing Benefit (State Pension Credit) Regulations" means the Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 2006;"; and

(c) for sub-paragraph (b) in the definition of "non-dependant", substitute—


" (b) regulation 3 of the Housing Benefit Regulations or, as the case may be, regulation 3 of the Housing Benefit (State Pension Credit) Regulations;".

    (3) In regulation 11(1)(b)[26] (protected income), for the words "regulation 63 of the Housing Benefit Regulations", substitute "regulation 74 of the Housing Benefit Regulations or, as the case may be, regulation 55 of the Housing Benefit (State Pension Credit) Regulations".

    (4) In regulation 15(2) (amount of housing costs), for "regulations 10 and 69 of the Housing Benefit Regulations", substitute "regulations 12 and 80 of the Housing Benefit Regulations or, as the case may be, regulations 12 and 61 of the Housing Benefit (State Pension Credit) Regulations".

    (5) In paragraph 6[27] of Schedule 3 (eligible housing costs) for sub-paragraphs (a) and (b), substitute—

" (a) where the costs are inclusive of ineligible service charges within the meaning of paragraph 1(a)(i) of Schedule 1 to the Housing Benefit Regulations or, as the case may be, paragraph 1(a)(i) of Schedule 1 to the Housing Benefit (State Pension Credit) Regulations (ineligible service charges), the amounts specified as ineligible in paragraph 2 of the appropriate Schedule 1;

(b) where the costs are inclusive of any of the items mentioned in paragraph 6(2) of Schedule 1 to the Housing Benefit Regulations or, as the case may be, paragraph 6(2) of Schedule 1 to the Housing Benefit (State Pension Credit) Regulations (payment in respect of fuel charges), the deductions prescribed in that paragraph unless the parent provides evidence on which the actual or approximate amount of the service charge for fuel may be estimated, in which case the estimated amount;"

Amendment of the National Assistance (Assessment of Resources) Regulations 1992
     5. In regulation 13 (earnings of employed earners) of the National Assistance (Assessment of Resources) Regulations 1992[28] for "regulation 28 of the Housing Benefit (General) Regulations", substitute "regulation 35 of the Housing Benefit Regulations 2006 or, as the case may be, regulation 35 of the Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 2006".

Amendment of the Council Tax (Demand Notices) (Wales) Regulations 1993
     6. For sub-paragraph (d) of paragraph 7 of Schedule 1 (matters to be contained in demand notices) to the Council Tax (Demand Notices) (Wales) Regulations 1993[29], substitute—

" (d) the Council Tax Benefit Regulations 2006;

(e) the Council Tax Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 2006.".

Amendment of Orders relating to the status of trainees
     7. —(1) In the Schedule to each of the Orders specified in sub-paragraph (2) below—

(a) for the reference to the "Housing Benefit (General) Regulations 1987", substitute—

" The Housing Benefit Regulations 2006;";

(b) after that reference, insert—

" The Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 2006;";

(c) for the reference to the "Council Tax Benefit (General) Regulations 1992", substitute—

" The Council Tax Benefit Regulations 2006;"; and

(d) after that reference, insert—

" The Council Tax Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 2006".

    (2) Those Orders are—

(a) the North Norfolk Action (Miscellaneous Provisions) Order 1993[30];

(b) the Community Action (Miscellaneous Provisions) Order 1993[31];

(c) the Learning for Work (Miscellaneous Provisions) Order 1993[32];

(d) the Training for Work (Miscellaneous Provisions) Order 1995[33]; and

(e) the Project Work (Miscellaneous Provisions) Order 1996[34].

The Jobseekers Allowance Regulations 1996
     8. —(1) The Jobseeker's Allowance Regulations 1996[35] shall be amended in accordance with the provisions of this paragraph.

    (2) In regulation 1(3) (interpretation)[36], in the definition of "housing benefit expenditure", for "regulation 10(1) of the Housing Benefit (General) Regulations 1987", substitute "regulation 12(1) of the Housing Benefit Regulations 2006".

    (3) In regulation 114(3)(b) (diminishing notional capital rule), for "the Housing Benefit (General) Regulations 1987", substitute "the Housing Benefit Regulations 2006".

    (4) In Schedule 2 (housing costs)—

(a) in paragraph 16(2)(a), for "paragraph 5(2) of Schedule 1 to the Housing Benefit (General) Regulations 1987", substitute "paragraph 6(2) of Schedule 1 to the Housing Benefit Regulations 2006";

(b) in paragraph 16(2)(b), for "paragraph 1 of Schedule 1 to the Housing Benefit (General) Regulations 1987", substitute "paragraph 1 of Schedule 1 to the Housing Benefit Regulations 2006"; and

(c) in paragraph 17(7)(e), for "regulation 63 of the Housing Benefit (General) Regulations 1987", substitute "regulation 74 of the Housing Benefit Regulations 2006".

Amendment of the Social Security Benefit (Computation of Earnings) Regulations 1996
     9. In Schedule 2 of the Social Security Benefit (Computation of Earnings) Regulations 1996[37](child care charges to be deducted in the calculation of earnings) in paragraph 8, in sub-paragraph (a), for the words "(ii) a higher pensioner premium" to the end of the sub-paragraph, substitute—

" (ii) a higher pensioner premium by virtue of the satisfaction of—


(aa) in the case of council tax benefit, paragraph 11(2)(b) of Schedule 1 to the Council Tax Benefit Regulations 2006;

(bb) in the case of housing benefit, paragraph 11(2)(b) of Schedule 3 to the Housing Benefit Regulations 2006;



on account of the other member's incapacity or either regulation 18(1)(c) of the Council Tax Benefit Regulations 2006 (treatment of child care charges) or, as the case may be, regulation 28(1)(c) of the Housing Benefit Regulations 2006 (treatment of child care charges) applies in that person's case;".

Amendment of the Housing Renewal Grants Regulations 1996
     10. —(1) The Housing Renewal Grants Regulations 1996[38] shall be amended in accordance with the provisions of this paragraph.

    (2) In regulation 2, in paragraph (1) (interpretation)—

(a) after the definition of "payment", insert—

" "pensionable age" has the meaning given by the rules in paragraph 1 of Schedule 4 to the Pensions Act 1995[39] (equalisation of pensionable ages for men and women);"

(b) after the definition of "polygamous marriage", insert—

" "the qualifying age for state pension credit" is (in accordance with section 1(2)(b) and (6) of the State Pension Credit Act 2002[40])—
(a) in the case of a woman, pensionable age; or

(b) in the case of a man, the age which is pensionable age in the case of a woman born on the same day as the man;";



(c) in the definition of "training allowance" for "regulation 2(1) of the Housing Benefit (General) Regulations 1987", substitute "regulation 2(1) of the Housing Benefit Regulations 2006".

    (3) In regulation 3(1) (persons from abroad)[41] for "regulation 7A (persons from abroad) of the Housing Benefit (General) Regulations 1987", substitute "regulation 10 of the Housing Benefit Regulations 2006 or, as the case may be, regulation 10 of the Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 2006 (persons from abroad)".

    (4) In regulation 19(3)(e) (treatment of child care charges), for "regulation 18(2) of the Housing Benefit (General) Regulations 1987", substitute "regulation 24(2) of the Housing Benefit Regulations 2006".

    (5) In regulation 31, in paragraph (14), for sub-paragraph (b) (notional income), substitute—

" "rent" means—
(a) eligible rent within the meaning of regulation 12(3) of the Housing Benefit Regulations 2006 (rent), less any deductions in respect of non-dependants which fall to be made under regulation 74 (non-dependant deductions) of those Regulations; or

(b) in the case of a person who has attained the qualifying age for state pension credit, eligible rent within the meaning of regulation 12(3) of the Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 2006 (rent), less any deductions in respect of non-dependants which fall to be made under regulation 55 (non-dependant deductions) of those Regulations.".

    (6) In regulation 38, in paragraph (7) for sub-paragraph (b) (notional capital), substitute—

" "rent" means—
(a) eligible rent within the meaning of regulation 12(3) (rent) of the Housing Benefit Regulations 2006, less any deductions in respect of non-dependants which fall to be made under regulation 74 (non-dependant deductions) of those Regulations; or

(b) in the case of a person who has attained the qualifying age for state pension credit, eligible rent within the meaning of regulation 12(3) of the Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 2006 (rent), less any deductions in respect of non-dependants which fall to be made under regulation 55 (non-dependant deductions) of those Regulations.".

    (7) In Schedule 3 (sums to be disregarded in the determination of income other than earnings)—

(a) for paragraph 12(5)(b), substitute—


" (b) "rent" means—


(i) eligible rent within the meaning of regulation 12(3) of the Housing Benefit Regulations 2006, less any deductions in respect of non-dependants which fall to be made under regulation 74 of those Regulations; or

(ii) in the case of a person who has attained the qualifying age for state pension credit, eligible rent within the meaning of regulation 12(3) of the Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 2006 (rent), less any deductions in respect of non-dependants which fall to be made under regulation 55 (non-dependant deductions) of those Regulations.";



(b) in paragraph 49, for "regulation 4D of the Council Tax Benefit (General) Regulations 1992", substitute "regulation 7A of the Council Tax Benefit Regulations 2006[42]";

(c) in paragraph 57, for "regulation 7B of the Housing Benefit (General) Regulations 1987", substitute "regulation 10A of the Housing Benefit Regulations 2006[43]";

(d) in paragraph 67(3)[44], for the definition of "rent", substitute—

" "rent" means—
(a) eligible rent within the meaning of regulation 12(3) of the Housing Benefit Regulations 2006 less any deductions in respect of non-dependents which fall to be made under regulation 74 of those Regulations; or

(b) in the case of a person who has attained the qualifying age for state pension credit, eligible rent within the meaning of regulation 12(3) of the Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 2006 (rent), less any deductions in respect of non-dependants which fall to be made under regulation 55 (non-dependant deductions) of those Regulations.".

    (8) In Schedule 4 (capital to be disregarded)—

(a) in paragraph 45, for "regulation 4D of the Council Tax Benefit (General) Regulations 1992", substitute "regulation 7A of the Council Tax Benefit Regulations 2006[45]";

(b) in paragraph 50, for "regulation 7B of the Housing Benefit (General) Regulations 1987", substitute "regulation 10A of the Housing Benefit Regulations 2006[46].";

(c) in paragraph 58(3)[47], for the definition of "rent" substitute—

" "rent" means—
(a) eligible rent within the meaning of regulation 12(3) of the Housing Benefit Regulations 2006 less any deductions in respect of non-dependants which fall to be made under regulation 80 of those Regulations; or

(b) in the case of a person who has attained the qualifying age for state pension credit, eligible rent within the meaning of regulation 12(3) of the Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 2006 (rent), less any deductions in respect of non-dependants which fall to be made under regulation 55 (non-dependant deductions) of those Regulations.".

Amendment of the Rent Officers (Housing Benefit Functions) Order 1997
     11. —(1) The Rent Officers (Housing Benefit Functions) Order 1997[48] shall be amended in accordance with the provisions of this paragraph.

    (2) In regulation 2 (interpretation)—

(a) for the definition of "hostel", substitute—

" "hostel" has the same meaning as in regulation 2(1) of the Housing Benefit Regulations or, as the case may be, regulation 2(1) of the Housing Benefit (State Pension Credit) Regulations;";

(b) after that definition insert—

" "the Housing Benefit Regulations" mean the Housing Benefit Regulations 2006;
"the Housing Benefit (State Pension Credit) Regulations" means the Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 2006;";

(c) for the definition of "relevant date"[49], substitute—

" "relevant date" means the date specified by a pathfinder authority in an application for a local housing allowance determination made in accordance with regulation 13A(4)(a) of the Housing Benefit Regulations[50] or, as the case may be, regulation 13A(4)(a) of the Housing Benefit (State Pension Credit) Regulations[51];";

(d) for the definition of "rent", substitute—

" "rent" means any of the periodical payments referred to in regulation 12(1) of the Housing Benefit Regulations or, as the case may be, regulation 12(1) of the Housing Benefit (State Pension Credit) Regulations;".

(e) omit the definition of the "1987 Regulations".

    (3) In regulation 3A (transitional arrangements for determination of single room rents with effect from 2nd July 2001)[52], for "regulation 12A of the 1987 Regulations", substitute "regulation 14 of the Housing Benefit Regulations or, as the case may be, regulation 14 of the Housing Benefit (State Pension Credit) Regulations".

    (4) In regulation 4A (substitute determinations and substitute redeterminations)[53], for "regulation 12C of the 1987 Regulations", substitute "regulation 17 of the Housing Benefit Regulations or, as the case may be, regulation 17 of the Housing Benefit (State Pension Credit) Regulations".

    (5) In regulation 4B(4) (broad rental market area determinations and local housing allowance determinations)[54]—

(a) in paragraph (a), for "regulations 11A(4)(a) of the 1987 Regulations", substitute "regulation 13A(4)(a) of the Housing Benefit Regulations or, as the case may be, regulation 13A(4)(a) of the Housing Benefit (State Pension Credit) Regulations"; and

(b) in paragraph (b), for "regulations 11A(5) of the 1987 Regulations", substitute "regulation 13A(5) of the Housing Benefit Regulations or, as the case may be, regulation 13A(5) of the Housing Benefit (State Pension Credit) Regulations".

    (6) In regulation 4C (board and attendance determinations and notifications)[55]—

(a) in paragraph (1), for "regulation 11A(6) of the 1987 Regulations", substitute "regulation 17(6) of the Housing Benefit Regulations or, as the case may be, regulation 13A(6) of the Housing Benefit (State Pension Credit) Regulations";

(b) in paragraph 2(b), for "regulation 12A(1) of the 1987 Regulations", substitute "regulation 14(1) of the Housing Benefit Regulations or, as the case may be, regulation 14(1) of the Housing Benefit (State Pension Credit) Regulations"; and

(c) in paragraph (4) for "regulation 12A(1) of the 1987 Regulations", substitute "regulation 14(1) of the Housing Benefit Regulations or, as the case may be, regulation 14(1) of the Housing Benefit (State Pension Credit) Regulations".

    (7) In regulation 4E (substitute board and attendance determinations and substitute board and attendance redeterminations)[56], wherever "regulation 12C of the 1987 Regulations" occurs, substitute "regulation 17 of the Housing Benefit Regulations or, as the case may be, regulation 17 of the Housing Benefit (State Pension Credit) Regulations".

    (8) In regulation 6 (exceptions)—

(a) in paragraph (2) for "regulation 7(3) of the 1987 Regulations", substitute "regulation 9(4) of the Housing Benefit Regulations or, as the case may be, regulation 9(4) of the Housing Benefit (State Pension Credit) Regulations"; and

(b) in paragraph (3), for "the 1987 Regulations", substitute "the Housing Benefit Regulations and the Housing Benefit (State Pension Credit) Regulations".

    (9) In regulation 7 (special cases), for regulation 10(1) of the 1987 Regulations, substitute "regulation 12(1) of the Housing Benefit Regulations or, as the case may be, regulation 12(1) of the Housing Benefit (State Pension Credit) Regulations".

    (10) In Schedule 1—

(a) in Part 1, in paragraph 4(4) (local reference rents), for the definition of "non-dependant", substitute—

" "non-dependant" means a non-dependant of the tenant within the meaning of regulation 3 of the Housing Benefit Regulations or, as the case may be, regulation 3 of the Housing Benefit (State Pension Credit) Regulations;";

(b) in Part 2, in paragraph 7 (ineligible charges and support charges)[57]—


(i) in sub-paragraph (1), for the definition of "ineligible charges" substitute—

" "ineligible charges" means service charges which are ineligible to be met by housing benefit by virtue of regulation 12(3) (rent) of and Schedule 1 (ineligible service charges) to the Housing Benefit Regulations or, as the case may be, the Housing Benefit (State Pension Credit) Regulations except in the case of a tenancy where the rent includes payments for board and attendance, and the rent officer considers that a substantial part of the rent under the tenancy is fairly attributable to board and attendance, charges specified in paragraph 1(a)(i) of Schedule 1 to the Housing Benefit Regulations or, as the case may be, in paragraph 1(a)(i) of Schedule 1 to the Housing Benefit (State Pension Credit) Regulations (charges for meals)."; and

(ii) in sub-paragraph (3)—


(aa) for "regulation 12A(7A)(b) of the 1987 Regulations", substitute "regulation 14(9)(b) of the Housing Benefit Regulations or, as the case may be, regulation 14(8)(b) of the Housing Benefit (State Pension Credit) Regulations"; and

(bb) for "regulation 12A(1A) of the 1987 Regulations", substitute "14(2) of the Housing Benefit Regulations or, as the case may be, regulation 14(2) of the Housing Benefit (State Pension Credit) Regulations";



(c) in Part 3, in paragraph 9(1)(c) (notifications), for "paragraph 1(a)(i) of Schedule 1 to the 1987 Regulations", substitute "paragraph 1(a)(i) of Schedule 1 to the Housing Benefit Regulations or, as the case may be, paragraph 1(a)(i) of Schedule 1 to the Housing Benefit (State Pension Credit) Regulations"; and

(d) in Part 4, in paragraph 11(5)(b) (indicative rent levels), for "regulation 3 of the 1987 Regulations", substitute "regulation 3 of the Housing Benefit Regulations or, as the case may be, regulation 3 of the Housing Benefit (State Pension Credit) Regulations".

    (11) In Schedule 3A(categories of dwelling)[58], in Part 1, in paragraph 1(2)(b), for "regulation 3 of the 1987 Regulations", substitute "regulation 3 of the Housing Benefit Regulations or, as the case may be, regulation 3 of the Housing Benefit (State Pension Credit) Regulations".

Amendment of the Rent Officers (Housing Benefit Functions) (Scotland) Order 1997
     12. —(1) The Rent Officers (Housing Benefit Functions) (Scotland) Order 1997[59] shall be amended in accordance with the provisions of this paragraph.

    (2) In regulation 2 (interpretation)—

(a) for the definition of "hostel", substitute—

" "hostel" has the same meaning as in regulation 2(1) of the Housing Benefit Regulations or, as the case may be, regulation 2(1) of the Housing Benefit (State Pension Credit) Regulations;";

(b) after that definition insert—

" "the Housing Benefit Regulations" mean the Housing Benefit Regulations 2006;
"the Housing Benefit (State Pension Credit) Regulations" means the Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 2006;";

(c) for the definition of "relevant date"[60], substitute—

" "relevant date" means the date specified by a pathfinder authority in an application for a local housing allowance determination made in accordance with regulation 13A(4)(a) of the Housing Benefit Regulations[61] or, as the case may be, regulation 13A(4)(a) of the Housing Benefit (State Pension Credit) Regulations[62];";

(d) for the definition of "rent", substitute—

" "rent" means any of the periodical payments referred to in regulation 12(1) of the Housing Benefit Regulations or, as the case may be, regulation 12(1) of the Housing Benefit (State Pension Credit) Regulations;".

(e) omit the definition of the "1987 Regulations".

    (3) In regulation 3A (transitional arrangements for determination of single room rents with effect from 2nd July 2001)[63], for "regulation 12A of the 1987 Regulations", substitute "regulation 14 of the Housing Benefit Regulations or, as the case may be, regulation 14 of the Housing Benefit (State Pension Credit) Regulations".

    (4) In regulation 4A (substitute determinations and substitute redeterminations)[64], for "regulation 12C of the 1987 Regulations", substitute "regulation 17 of the Housing Benefit Regulations or, as the case may be, regulation 17 of the Housing Benefit (State Pension Credit) Regulations".

    (5) In regulation 4B(4) (broad rental market area determinations and local housing allowance determinations)[65]—

(a) in paragraph (a), for "regulations 11A(4)(a) of the 1987 Regulations", substitute "regulation 13A(4)(a) of the Housing Benefit Regulations or, as the case may be, regulation 13A(4)(a) of the Housing Benefit (State Pension Credit) Regulations"; and

(b) in paragraph (b), for "regulations 11A(5) of the 1987 Regulations", substitute "regulation 13A(5) of the Housing Benefit Regulations or, as the case may be, regulation 13A(5) of the Housing Benefit (State Pension Credit) Regulations".

    (6) In regulation 4C (board and attendance determinations and notifications)[66]—

(a) in paragraph (1), for "regulation 11A(6) of the 1987 Regulations", substitute "regulation 17(6) of the Housing Benefit Regulations or, as the case may be, regulation 13A(6) of the Housing Benefit (State Pension Credit) Regulations";

(b) in paragraph 2(b), for "regulation 12A(1) of the 1987 Regulations", substitute "regulation 14(1) of the Housing Benefit Regulations or, as the case may be, regulation 14(1) of the Housing Benefit (State Pension Credit) Regulations"; and

(c) in paragraph (4) for "regulation 12A(1) of the 1987 Regulations", substitute "regulation 14(1) of the Housing Benefit Regulations or, as the case may be, regulation 14(1) of the Housing Benefit (State Pension Credit) Regulations".

    (7) In regulation 4E (substitute board and attendance determinations and substitute board and attendance redeterminations)[67], wherever "regulation 12C of the 1987 Regulations" occurs, substitute "regulation 17 of the Housing Benefit Regulations or, as the case may be, regulation 17 of the Housing Benefit (State Pension Credit) Regulations".

    (8) In regulation 6 (exceptions)—

(a) in paragraph (2) for "regulation 7(3) of the 1987 Regulations", substitute "regulation 9(4) of the Housing Benefit Regulations or, as the case may be, regulation 9(4) of the Housing Benefit (State Pension Credit) Regulations"; and

(b) in paragraph (3), for "the 1987 Regulations", substitute "the Housing Benefit Regulations and the Housing Benefit (State Pension Credit) Regulations".

    (9) In regulation 7 (special cases), for regulation 10(1) of the 1987 Regulations, substitute "regulation 12(1) of the Housing Benefit Regulations or, as the case may be, regulation 12(1) of the Housing Benefit (State Pension Credit) Regulations".

    (10) In Schedule 1—

(a) in Part 1, in paragraph 4(4) (local reference rents), for the definition of "non-dependant", substitute—

" "non-dependant" means a non-dependant of the tenant within the meaning of regulation 3 of the Housing Benefit Regulations or, as the case may be, regulation 3 of the Housing Benefit (State Pension Credit) Regulations;";

(b) in Part 2, in paragraph 7 (ineligible charges and support charges)[68]—


(i) in sub-paragraph (1), for the definition of "ineligible charges" substitute—

" "ineligible charges" means service charges which are ineligible to be met by housing benefit by virtue of regulation 12(3) (rent) of and Schedule 1 (ineligible service charges) to the Housing Benefit Regulations or, as the case may be, the Housing Benefit (State Pension Credit) Regulations except in the case of a tenancy where the rent includes payments for board and attendance, and the rent officer considers that a substantial part of the rent under the tenancy is fairly attributable to board and attendance, charges specified in paragraph 1(a)(i) of Schedule 1 to the Housing Benefit Regulations or, as the case may be, in paragraph 1(a)(i) of Schedule 1 to the Housing Benefit (State Pension Credit) Regulations (charges for meals)."; and

(ii) in sub-paragraph (3)—


(aa) for "regulation 12A(7A)(b) of the 1987 Regulations", substitute "regulation 14(9)(b) of the Housing Benefit Regulations or, as the case may be, regulation 14(8)(b) of the Housing Benefit (State Pension Credit) Regulations"; and

(bb) for "regulation 12A(1A) of the 1987 Regulations", substitute "14(2) of the Housing Benefit Regulations or, as the case may be, regulation 14(2) of the Housing Benefit (State Pension Credit) Regulations";



(c) in Part 3, in paragraph 9(1)(c) (notifications), for "paragraph 1(a)(i) of Schedule 1 to the 1987 Regulations", substitute "paragraph 1(a)(i) of Schedule 1 to the Housing Benefit Regulations or, as the case may be, paragraph 1(a)(i) of Schedule 1 to the Housing Benefit (State Pension Credit) Regulations"; and

(d) in Part 4, in paragraph 11(5)(b) (indicative rent levels), for "regulation 3 of the 1987 Regulations", substitute "regulation 3 of the Housing Benefit Regulations or, as the case may be, regulation 3 of the Housing Benefit (State Pension Credit) Regulations".

    (11) In Schedule 3A(categories of dwelling)[69], in Part 1, in paragraph 1(2)(b), for "regulation 3 of the 1987 Regulations", substitute "regulation 3 of the Housing Benefit Regulations or, as the case may be, regulation 3 of the Housing Benefit (State Pension Credit) Regulations".

Amendment of the Income-Related Benefits (Subsidy to Authorities) Order 1998
     13. —(1) The Income-Related Benefits (Subsidy to Authorities) Order 1998[70] shall be amended in accordance with the provisions of this paragraph.

    (2) In article 11(interpretation of Part III)—

(a) in paragraph (1)—


(i) in the definition of "board and lodging accommodation", for "regulation 12A of the Housing Benefit Regulations", substitute "regulation 14 of the Housing Benefit Regulations or, as the case may be, regulation 14 of the Housing Benefit (State Pension Credit) Regulations";

(ii) for the definition of "the Council Tax Benefit Regulations", substitute —

" "the Council Tax Benefit Regulations" means the Council Tax Benefit Regulations 2006;";

(iii) after the definition of "the Council Tax Benefit Regulations", insert—

" "the Council Tax Benefit (State Pension Credit) Regulations" means the Council Tax Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 2006;";

(iv) for the definition of "the Housing Benefit Regulations", substitute—

" "the Housing Benefit Regulations" means the Housing Benefit Regulations 2006;";

(v) after the definition of "the Housing Benefit Regulations", insert—

" "the Housing Benefit (State Pension Credit) Regulations" means the Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 2006;";

(vi) for "the Housing Benefit Regulations or Council Tax Benefit Regulations", substitute "the Housing Benefit Regulations, the Housing Benefit (State Pension Credit) Regulations, the Council Tax Benefit Regulations or the Council Tax Benefit (State Pension Credit)Regulations".



(b) in paragraph (2), in the definition of "qualifying expenditure", for "regulation 91", substitute "regulation 93" and after "Housing Benefit Regulations", insert "and regulation 74 of the Housing Benefit (State Pension Credit) Regulations"; and

(c) in paragraph (3)[71], for "regulation 97 or 102 of the Housing Benefit Regulations" substitute "regulation 98 or 102 of the Housing Benefit Regulations or, as the case may be, regulation 79 or 83 of the Housing Benefit (State Pension Credit) Regulations".

    (3) In article 14(1)(a) (backdated benefit), for "paragraph (15) of regulation 72 of the Housing Benefit Regulations or paragraph (16) of regulation 62 of the Council Tax Benefit Regulations", substitute "regulation 83(12) of the Housing Benefit Regulations or, as the case may be, regulation 64(13) of the Housing Benefit (State Pension Credit) Regulations, regulation 69(13) of the Council Tax Benefit Regulations or regulation 53(13) of the Council Tax Benefit (State Pension Credit) Regulations".

    (4) In article 15(8) (disproportionate rent increase), in the definition of "rent" for "sub-paragraphs (a) to (j) in paragraph (1) of regulation 10 of the Housing Benefit Regulations", substitute "sub-paragraphs (a) to (j) in paragraph (1) of regulation 12 of the Housing Benefit Regulations or, as the case may be, sub-paragraphs (a) to (j) in paragraph (1) of regulation 12 of the Housing Benefit (State Pension Credit) Regulations".