The Social Security (Housing Costs Special Arrangements) (Amendment and Modification) Regulations 2008
| Year | 2008 |
2008 No. 3195
Social Security
The Social Security (Housing Costs Special Arrangements) (Amendment and Modification) Regulations 2008
Made 15th December 2008
Laid before Parliament 15th December 2008
Coming into force in accordance with regulation 1(2) and (3)
The Secretary of State for Work and Pensions makes the following Regulations in exercise of the powers conferred by sections 123(1)(a), 135(1), 137(1) and 175(1) and (3) and (4) of the Social Security Contributions and Benefits Act 19921, sections 4(5), 35(1) and 36(2) and (4) of the Jobseekers Act 19952, sections 2(3)(b), 17(1) and 19(1) of the State Pension Credit Act 20023, and sections 4(2)(a) and (3), 24(1) and 25(2), (3) and (5) of the Welfare Reform Act 20074.
It appears to the Secretary of State that by reason of the urgency of the matter, it is inexpedient to refer proposals in respect of these Regulations to the Social Security Advisory Committee5.
Citation, commencement and interpretation
1.—(1) These Regulations may be cited as the Social Security (Housing Costs Special Arrangements) (Amendment and Modification) Regulations 2008.
(2) Regulations 4 to 6, in so far as they relate to a particular person, come into force on the first day of the first benefit week to commence for that person on or after 5th January 2009.
(3) The remaining provisions of these Regulations come into force on 5th January 2009.
(4) In these Regulations—
“benefit week” has the same meaning as in—
(a) regulation 2(1) of the Employment and Support Allowance Regulations6, where the relevant benefit is an employment and support allowance;
(b) regulation 2(1) of the Income Support Regulations7, where the relevant benefit is income support;
(c) regulation 1(2) of the Jobseeker’s Allowance Regulations8, where the relevant benefit is a jobseeker’s allowance;
“housing costs” has the same meaning as in paragraph 1(1) (housing costs) of —
(a) Schedule 6 to the Employment and Support Allowance Regulations, where the relevant benefit is an employment and support allowance;
(b) Schedule 39to the Income Support Regulations, where the relevant benefit is income support;
(c) Schedule 2 to the Jobseeker’s Allowance Regulations, where the relevant benefit is a jobseeker’s allowance;
“relevant benefit” means—
(a) an employment and support allowance;
(b) income support;
(c) a jobseeker’s allowance;
“the Employment and Support Allowance Regulations” means the Employment and Support Allowance Regulations 2008;
“the Income Support Regulations” means the Income Support (General) Regulations 1987;
“the Jobseeker’s Allowance Regulations” means the Jobseeker’s Allowance Regulations 1996;
“the State Pension Credit Regulations” means the State Pension Credit Regulations 200210.
PART 1
Amendments relating to the standard rate of interest
Amendments relating to the standard rate of interest
2.—(1) This regulation applies to the following provisions—
(a)
(a) paragraph 13 (the standard rate) of Schedule 6 to the Employment and Support Allowance Regulations;
(b)
(b) paragraph 12 (the standard rate)11of Schedule 3 to the Income Support Regulations;
(c)
(c) paragraph 11 (the standard rate)12of Schedule 2 to the Jobseeker’s Allowance Regulations;
(d)
(d) paragraph 9 (the standard rate)13of Schedule 2 to the State Pension Credit Regulations.
(2) In each of the provisions to which this regulation applies—
(a)
(a) for sub-paragraph (2) substitute—
“2 The standard rate is to be 6.08%.”;
(b)
(b) omit sub-paragraph (3).
PART 2
Modifications relating to certain claimants who are entitled to a relevant benefit on 4th January 2009
Application
3.—(1) This Part applies in relation to a person who—
(a)
(a) is entitled to a relevant benefit on 4th January 2009; and
(b)
(b) on or after that date falls within paragraph (3) or (4).
(2) This Part ceases to apply in relation to a person who makes a further claim to the same, or claims another, relevant benefit after 4th January 2009.
(3) A person falls within this paragraph if, apart from these Regulations, the housing costs to be met in the benefit week that includes 4th January 2009 would be nil in that person’s case because he or she has not been entitled to the relevant benefit concerned for the period mentioned in sub-paragraph (1)(a) in any of the following provisions—
(a)
(a) paragraph 8 (existing housing costs) or paragraph 9 (new housing costs)14of Schedule 6 to the Employment and Support Allowance Regulations;
(b)
(b) paragraph 6 (existing housing costs)15or paragraph 8 (new housing costs)16of Schedule 3 to the Income Support Regulations;
(c)
(c) paragraph 6 (existing housing costs)17or paragraph 7 (new housing costs)18of Schedule 2 to the Jobseeker’s Allowance Regulations.
(4) A person falls within this paragraph if he or she has been entitled to a relevant benefit for a continuous period, which includes 4th January 2009, for at least 8 weeks but less than 26 weeks under any of the provisions mentioned in paragraph (5) as in force apart from these Regulations.
(5) The provisions are—
(a)
(a) paragraph 8(1)(b) (existing housing costs) or paragraph 9(6) (new housing costs) of Schedule 6 to the Employment and Support Allowance Regulations;
(b)
(b) paragraph 6(1)(b) (existing housing costs) or paragraph 8(4) (new housing costs) of Schedule 3 to the Income Support Regulations;
(c)
(c) paragraph 6(1)(b) (existing housing costs) or paragraph 7(6) (new housing costs) of Schedule 2 to the Jobseeker’s Allowance Regulations.
Modification of the Employment and Support Allowance Regulations
4. Schedule 6 (housing costs) to the Employment and Support Allowance Regulations applies in relation to a person to whom this Part applies as if—
(a) in paragraph 8(1) (existing housing costs) the reference to “26” were to “13” in each place it appears;
(b) in paragraph 9(1) (new housing costs) the reference to “39” were to “13”;
(c) in paragraph 12(4) (general provisions applying to new and existing housing costs)19the reference to “£100,000” were to “£200,000”;
(d) in paragraph 15(14) (linking rule)20—
(i) in head (a) the reference to “26” were to “13”;
(ii) in head (b) the reference to “39” were to “13”.
Modification of the Income Support Regulations
5. Schedule 3 (housing costs) to the Income Support Regulations applies in relation to a person to whom this Part applies as if—
(a) in paragraph 6(1) (existing housing costs) the reference to “26” were to “13” in each place it appears;
(b) in paragraph 8(1) (new housing costs) the reference to “39” were to “13”;
(c) in paragraph 11(5) (general provisions applying to new and existing housing costs)21the reference to “£100,000” were to “£200,000”;
(d) in paragraph 14(9) (linking rule)—
(i) in head (a) the reference to “26” were to “13”;
(ii) in head (b) the reference to “39” were to “13”.
Modification of the Jobseeker’s Allowance Regulations
6. Schedule 2 (housing costs) to the Jobseeker’s Allowance Regulations applies in relation to a person to whom this Part applies as if—
(a) after paragraph 4 (housing costs not met)22there were inserted—
“Housing costs: limitation applicable to qualifying loans
4A.—(1) Subject to sub-paragraphs (2) and (3), no amount may be met in respect of housing costs under paragraph 14 or 15 where the claimant has been in receipt of housing costs under either or both of those paragraphs for a total of 104 weeks.
(2) No week in which the appropriate amount specified in paragraph 10(4) is £100,000 in relation to that claimant is to count towards the 104 week total.
(3) Sub-paragraph (1) does not apply where—
(a)
(a) the claimant or his or her partner or, if the claimant is a member of a joint-claim couple, the other member of the couple, was previously entitled to income support or employment and support allowance; and
(b)
(b) 12 weeks or less has elapsed since the last day of that entitlement and the first day of entitlement to a jobseeker’s allowance.”.
(b) in paragraph 6(1) (existing housing costs) the reference to “26” were to “13” in each place it appears;
(c) in paragraph 7(1) (new housing costs) the reference to “39” were to “13”;
(d) in paragraph 10(4) (general provisions applying to new and existing housing costs)23the reference to “£100,000” were to “£200,000”;
(e) in paragraph 13(11) (linking rule)—
(i) in head (a) the reference to “26” were to “13”;
(ii) in head (b) the reference to “39” were to “13”.
Saving
7. Nothing in this Part is to affect the applicable amount of a person to whom this Part applies in respect of—
(a) any period ending before the date on which these Regulations come into force, or
(b) any period ending after that date throughout which he or she is entitled to the relevant benefit concerned for a continuous period that does not exceed 12 weeks.
PART 3
Modifications relating to certain persons who claim a relevant benefit after 4th January 2009
Application and interpretation
8.—(1) This Part applies in relation to a person who—
(a)
(a) claims a relevant benefit after 4th January 2009; and
(b)
(b) falls within any of paragraphs (2) to (4).
(2) A claimant falls within this paragraph if Part 2 applied to him at any time.
(3) A claimant falls within this paragraph if he or she—
(a)
(a) is entitled to a relevant benefit; or
(b)
(b) was previously entitled to a relevant benefit at any time after 4th January 2009; and
(c)
(c) in either case the entitlement is not or was not...
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