Office of Public Sector Information

PART 7 Students

Modification of Part VII

21.  Subject to regulation 9 (exclusions from rate relief), Part VII of the Housing Benefit Regulations (students) shall apply for the purposes of these Regulations as it applies for the purposes of the Housing Benefit Regulations with the following modifications—

(a) as if for “housing benefit”, wherever it occurs, there were substituted “rate relief”;

(b) as if for “benefit week” and “benefit weeks”, wherever they occur, there were substituted “rate relief week” and “rate relief weeks” respectively;

(c) as if for “dwelling”, wherever it occurs, there were substituted “hereditament”;

(d) as if in regulation 50(1) and (2)(a) and regulation 51 after “this Part” there were inserted “of the Housing Benefit Regulations as applied with modifications for the purposes of these Regulations by regulation 21”;

(e) as if in regulation 50(1) in the definition of “grant” after “Schedule 6” and “Schedule 7” there were inserted “to the Housing Benefit Regulations as applied with modifications for the purposes of these Regulations by regulation 19”;

(f) as if in regulation 51 after “IV” there were inserted “of the Housing Benefit Regulations as applied with modifications for the purposes of these Regulations by regulations 11, 14 and 16 ”;

(g) as if regulation 54—

(i) in paragraph (1) for “(2) to (4)” there were substituted “(3) and (4)”;

(ii) paragraph (2) were omitted;

(iii) in paragraph (4)(a) and (b) after “53(2)” and “(j)” there were inserted “of the Housing Benefit Regulations as applied with modifications for the purposes of these Regulations by regulation 21”;

(h) as if in regulations 56(7) and 57(3) after “60(2)” and “56(2)(g)” there were inserted “of the Housing Benefit Regulations as applied with modifications for the purposes of these Regulations by regulation 21”;

(i) as if in regulation 58 after “to (e)” and “and (3)”, in the both places where they occur, there were inserted “of the Housing Benefit Regulations as applied with modifications for the purposes of these Regulations by regulation 21”;

(j) as if in regulations 59 and 63(3) after “Schedule 6” there were inserted “to the Housing Benefit Regulations as applied with modifications for the purposes of these Regulations by regulation 19”;

(k) as if—

(i) in regulation 60(1) after “regulation 61”, “56(2)”, in the first place where it occurs, and “61(5)”;

(ii) in regulation 63(1) after “or (3)”,

there were inserted “of the Housing Benefit Regulations as applied with modifications for the purposes of these Regulations by regulation 21”;

(l) as if in regulations 63(4) and 66(4)—

(i) “eligible rent” had the same meaning as in the Housing Benefit Regulations;

(ii) after “regulation 72” there were inserted “of the Housing Benefit Regulations as applied with modifications for the purposes of these Regulations by regulation 22”.

PART 8 Amount of rate relief

Modification of Part VIII and Schedules 8 and 9

22.—(1) Part VIII of the Housing Benefit Regulations (amount of benefit) shall apply for the purposes of these Regulations as it applies for the purposes of the Housing Benefit Regulations with the following modifications—

(a) as if for “housing benefit”, wherever it occurs, there were substituted “rate relief”;

(b) as if for “benefit week”, wherever it occurs, there were substituted “rate relief week”;

(c) as if for “dwelling”, wherever it occurs, there were substituted “hereditament”;

(d) as if after “Schedule 8” and “Schedule 9”, wherever they occur, there were inserted “to the Housing Benefit Regulations as applied with modifications for the purposes of these Regulations by regulation 22”;

(e) as if in regulation 68—

(i) paragraph (a) were omitted;

(ii) in paragraph (b) for “those regulations” there were substituted “regulations 78 and 79 of the Housing Benefit Regulations as applied with modifications for the purposes of these Regulations by regulation 24”;

(f) as if regulation 69 were omitted;

(g) as if in regulation 70—

(i) in—

(aa) paragraph (1) after “75”;

(bb) paragraph (4) after “78(7)” and “Part IX”,

there were inserted “of the Housing Benefit Regulations as applied with modifications for the purposes of these Regulations by regulation 24”;

(ii) in paragraph (4) after “82” there were inserted “of the Housing Benefit Regulations as applied with modifications for the purposes of these Regulations by regulation 26”;

(iii) in paragraph (6)(a)—

(aa) for “Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations (Northern Ireland) 2006” there were substituted “Rate Relief (Qualifying Age) Regulations (Northern Ireland) 2007”;

(bb) in head (ii) “rent or” and “or both” were omitted;

(h) as if in regulation 71—

(i) in—

(aa) paragraph (1)(a)(i) after “76”;

(bb) paragraph (4) after “78(7)” and “Part IX”,

there were inserted “of the Housing Benefit Regulations as applied with modifications for the purposes of these Regulations by regulation 24”;

(ii) in paragraph (4) after “82” there were inserted “of the Housing Benefit Regulations as applied with modifications for the purposes of these Regulations by regulation 26”;

(iii) in paragraph (6)(a)(ii) “rent or” and “or both” were omitted;

(i) as if in regulation 72—

(i) in paragraph (1)—

(aa) after “68” there were inserted “of the Housing Benefit Regulations as applied with modifications for the purposes of these Regulations by regulation 22”;

(bb) sub-paragraph (a)(i) and (b)(i) were omitted;

(cc) in sub-paragraphs (a)(ii) and (b)(ii) for “a rate rebate” there were substituted “rate relief”;

(ii) in paragraph (2)—

(aa) sub-paragraphs (a) to (e) were omitted;

(bb) in sub-paragraphs (f) to (h) for “a rate rebate” there were substituted “rate relief”;

(iii) in paragraph 6(a) after “Schedule 4” there were inserted “to the Housing Benefit Regulations as applied with modifications for the purposes of these Regulations by regulation 17”;

(iv) in paragraph 7(f) after “regulation 7” there were inserted “of the Housing Benefit Regulations as applied with modifications for the purposes of these Regulations by regulation 11”;

(v) paragraph (8)(a) were omitted;

(vi) in paragraph (8)(b) for “rate rebate” there were substituted “rate relief”;

(vii) in paragraph 9(b) and (c)—

(aa) after “regulation 37” there were inserted “of the Housing Benefit Regulations as applied with modifications for the purposes of these Regulations by regulation 19”;

(bb) after “Schedule 6” there were inserted “to the Housing Benefit Regulations as applied with modifications for the purposes of these Regulations by regulation 19”;

(j) as if regulation 73 were omitted.

(2) Schedule 8 to the Housing Benefit Regulations (extended payments of housing benefit) shall apply for the purposes of these Regulations as they apply for the purposes of the Housing Benefit Regulations with the following modifications—

(a) as if for “housing benefit”, wherever it occurs, there were substituted “rate relief”;

(b) as if for “dwelling”, wherever it occurs, there were substituted “hereditament”;

(c) as if for “benefit week”, wherever it occurs, there were substituted “rate relief week”;

(d) as if in Part I in paragraph 1 for “the Department” there were substituted “the Department for Social Development”;

(e) as if in Part II in paragraph 3—

(i) “rent and”, wherever it occurs, were omitted;

(ii) in sub-paragraph (3) after “regulation 78(4)(c)” there were inserted “of the Housing Benefit Regulations as applied with modifications for the purposes of these Regulations by regulation 24”;

(iii) in sub-paragraph (4) after “regulation 70(6)” there were inserted “of the Housing Benefit Regulations as applied with modifications for the purposes of these Regulations by regulation 22”;

(iv) in sub-paragraphs (3) and (4)(a) “rent or” were omitted;

(v) in sub-paragraph (5) after “regulation 79(1)” there were inserted “of the Housing Benefit Regulations as applied with modifications for the purposes of these Regulations by regulation 24”;

(f) as if in Part II paragraph 5 were omitted;

(g) as if in Part II paragraph 6 after regulation 70(1)” there were inserted “of the Housing Regulations as applied with modifications for the purposes of these Regulations by regulation 22”;

(h) as if in Part II in paragraph 7—

(i) “5(2) or” were omitted;

(ii) in sub-paragraph (b)—

(aa) for “a rent and rate rebate” there were substituted “rate relief”;

(bb) “rent and” were omitted;

(cc) for “regulations 11 to 14” there were substituted “regulations 11 and 12 of the Housing Benefit Regulations as applied with modifications for the purposes of these Regulations by regulation 14”;

(dd) after “regulation 70(6)” and “and 72” there were inserted “of the Housing Regulations as applied with modifications for the purposes of these Regulations by regulation 22”;

(ee) the words “, or the rent” to “case may be,” were omitted;

(i) as if in Part II—

(i) in paragraph 8 after “regulation 68”;

(ii) in paragraph 9 after “regulation 70(6)(a)” and “and 72”;

there were inserted “of the Housing Regulations as applied with modifications for the purposes of these Regulations by regulation 22”;

(j) as if in Part II in paragraph 9—

(i) for “whose housing benefit was in the form of a rate rebate only” there were substituted “who is in receipt of rate relief”;

(ii) for “the rebate” there were substituted “rate relief”;

(k) as if in Part II in paragraph 10—

(i) after “this Part” there were inserted “of the Housing Regulations as applied with modifications for the purposes of these Regulations by regulation 22”;

(ii) after “regulation 7(6)” there were inserted “of the Housing Benefit Regulations as applied with modifications for the purposes of these Regulations by regulation 11”;

(l) as if in Part IV in paragraph 12 for “rent or rates or both” there were substituted “rates”.

(3) Schedule 9 to the Housing Benefit Regulations (extended payments (severe disablement allowance and incapacity benefit) of housing benefit) shall apply for the purposes of these Regulations as it applies for the purposes of the Housing Benefit Regulations with the following modifications—

(a) as if for “housing benefit”, wherever it occurs, there were substituted “rate relief”;

(b) as if for “benefit week”, wherever it occurs, there were substituted “rate relief week”;

(c) as if in paragraph 2—

(i) in sub-paragraph (3) after “regulation 78(4)(c)”;

(ii) in sub-paragraph (5) after “regulation 79(1)”,

there were inserted “of the Housing Benefit Regulations as applied with modifications for the purposes of these Regulations by regulation 24”;

(d) as if—

(i) in paragraph 2(4) after “regulation 71(6)(a)”;

(ii) in paragraph 5 after “regulation 71(1)”;

(iii) in paragraph 6(b)(i) after “regulation 71(6)(a)” and “and 72”;

(iv) in paragraph 7 after “regulation 68”;

(v) in paragraph 8 after “regulation 71(6)(a)” and “and 72”,

there were inserted “of the Housing Benefit Regulations as applied with modifications for the purposes of these Regulations by regulation 22”;

(e) as if in paragraph 3 for “4 to 6” there were substituted “5 and 6”;

(f) as if paragraph 4 were omitted;

(g) as if in paragraph 6—

(i) “4(2) or” were omitted;

(ii) in sub-paragraph (b)(i)—

(aa) for “regulations 11 to 14” there were substituted “regulations 11 and 12 of the Housing Benefit Regulations as applied with modifications for the purposes of these Regulations by regulation 14”;

(bb) “, or the rent allowance to which paragraph 4 refers, as the case maybe,” were omitted;

(h) as if in paragraph 8 for “whose housing benefit was in the form of a rate rebate only” there were substituted “ who receives rate relief”;

(i) as if in paragraph 9 after “regulation 7(6)” there were inserted “of the Housing Benefit Regulations as applied with modifications for the purposes of these Regulations by regulation 11”.