Office of Public Sector Information

PART 10 Claims

Modification of Part X and Schedule 11

26.—(1) Part X of the Housing Benefit Regulations(10) (claims) 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 in regulation 81(10) for “award benefit” there were substituted “award rate relief”;

(e) as if in regulation 81A after “Schedule 11” there were inserted “to the Housing Benefit Regulations as applied with modifications for the purposes of these Regulations by regulation 26”;

(f) as if in regulation 82—

(i) in paragraph (1) after “Schedule A1 (treatment of claims for housing benefit by refugees)” there were inserted “to the Housing Benefit Regulations as applied with modifications for the purposes of these Regulations by regulation 11”;

(ii) in paragraph (4)(a)(i) and (b) after “Schedule 7” there were inserted “to the Housing Benefit Regulations as applied with modifications for the purposes of these Regulations by regulation 19”;

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

(g) as if—

(i) in regulation 83(1) after “81(4A)”;

(ii) in regulation 84(1)(a) after “81”;

(iii) in regulation 84A after “regulation 84”;

there were inserted “of the Housing Benefit Regulations as applied with modifications for the purposes of these Regulations by regulation 26”;

(h) as if in regulation 84—

(i) in paragraph (2)(a) “rent and” were omitted;

(ii) in paragraph (2)(b) for “Department of Finance and Personnel” there were substituted “the Department”;

(i) as if in regulation 84A after “Schedule 11” there were inserted “to the Housing Benefit Regulations as applied with modifications for the purposes of these Regulations by regulation 26”.

(2) Schedule 11 to the Housing Benefit Regulations(11) (electronic communication) shall apply for the purposes of these Regulations as it applies for the purposes of the Housing Benefit Regulations with the following modification as if in paragraph 2(1) for “housing benefit” there were substituted “rate relief”.

Making a claim for rate relief

27.  Subject to regulation 26(2), every claim for rate relief shall be made in writing on a form approved by the Department for the purpose of rate relief, or in such other manner, being in writing, as the Department may accept as sufficient in the circumstances of any particular case.

Claims in advance for rate relief

28.  Where a claim is received by a relevant authority prior to 1st April 2007 it shall be treated as having been made on 1st April 2007.

Entitlement dependent on claim

29.  Entitlement to a payment of rate relief shall be dependent upon a claim for rate relief being made in accordance with the provisions of these Regulations.

PART 11 Decisions on questions

Modification of Part XI and Schedule 10

30.—(1) Part XI of the Housing Benefit Regulations (decisions on questions) 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 in regulation 85—

(i) in—

(aa) paragraph (2) after “and 82”;

(bb) in paragraph (3)(b) after “and (9)”,

there were inserted “of the Housing Benefit Regulations as applied with modifications for the purposes of these Regulations by regulation 26”;

(ii) in paragraph (3)(a)—

(aa) after “Schedule 8” there were inserted “to the Housing Benefit Regulations as applied with modifications for the purposes of these Regulations by regulation 22”;

(bb) after “regulation 70(2)” and there were inserted “of the Housing Benefit Regulations as applied with modifications for the purposes of these Regulations by regulation 22”;

(b) as if in regulation 86(1) at the end after “Schedule 10” there were inserted “to the Housing Benefit Regulations as applied with modifications for the purposes of these Regulations by regulation 30”.

(2) Schedule 10 to the Housing Benefit Regulations (matters to be included in decision notice) 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” and “rate rebate”, wherever they occur, there were substituted “rate relief”;

(b) as if after “Decisions and Appeal Regulations”, wherever it occurs, there were inserted “as applied with modifications for the purposes of these Regulations by regulation 43”;

(c) as if—

(i) in paragraph 1 after “86”;

(ii) in paragraph 2 after “86(2)”,

there were inserted “of the Housing Benefit Regulations as applied with modifications for the purposes of these Regulations by regulation 30”;

(d) as if in paragraph 9—

(i) sub-paragraphs (b), (c) and (f) were omitted;

(ii) in sub-paragraph (d) after “regulation 72” there were inserted “of the Housing Benefit Regulations as applied with modifications for the purposes of these Regulations by regulation 22”;

(iii) in sub-paragraph (e) for “rent allowance, or rent rebate or rate rebate, as the case may be,” there were substituted “rate relief”;

(iv) in sub-paragraph (g) for “an allowance or rebate” there were substituted “rate relief”;

(v) in sub-paragraph (h) after “regulation 84” there were inserted “of the Housing Benefit Regulations as applied with modifications for the purposes of these Regulations by regulation 26”;

(e) as if—

(i) in paragraph 11 after “regulation 92 or 93”;

(ii) in paragraph 12 after “regulation 92”,

there were inserted “of the Housing Benefit Regulations as applied with modifications for the purposes of these Regulations by regulation 31”;

(f) as if in paragraph 13 after “regulation 23” there were inserted “of the Housing Benefit Regulations as applied with modifications for the purposes of these Regulations by regulation 19”;

(g) if in paragraph 14(a)—

(i) for the words from “either” to “regulation 73,” there were substituted “on grounds of income”;

(ii) for head (i) there were substituted—

“(i) the matters set out in paragraph 9(a) and (d);”;

(iii) head (iii) were omitted;

(h) as if in paragraph 15—

(i) in sub-paragraph (1) after “regulation 97” there were inserted “of the Housing Benefit Regulations as applied with modifications for the purposes of these Regulations by regulation 33”;

(ii) in sub-paragraph (1)(e) for “benefit weeks” there were substituted “rate relief weeks”;

(iii) in sub-paragraph (1)(f) for the words from “a rent allowance” to “case may be,” there were substituted “rate relief”;

(iv) in sub-paragraph (2)(c) for “a rent allowance” there were substituted “rate relief”.