Housing Benefit and Community Charge Benefits (Miscellaneous Amendments) Regulations 1992
| Jurisdiction | UK Non-devolved |
| Citation | SI 1992/432 |
| Year | 1992 |
1992 No. 432
HOUSING, ENGLAND AND WALESHOUSING, SCOTLANDSOCIAL SECURITY
The Housing Benefit and Community Charge Benefits (Miscellaneous Amendments) Regulations 1992
Made 2nd March 1992
Laid before Parliament 9th March 1992
The Secretary of State for Social Security in exercise of powers conferred by sections 20(1)(c) and (d), 20(12)(k), 21(6)(b), 22(8) and (9), 29(1) to (4), 30(2B), 31(1), 31C(3), 31D(1), 31G(1), 51(1)(h), 51A(1)(h) and (i) and 84(1) of the Social Security Act 19861and section 166(1) to (3A) of the Social Security Act 19752and of all other powers enabling him in that behalf, after consultation with organisations appearing to him to be representative of the authorities concerned3and after agreement by the Social Security Advisory Committee that proposals to make these Regulations should not be referred to it4, hereby makes the following Regulations:
Citation, commencement and interpretation
1.—(1) These Regulations may be cited as the Housing Benefit and Community Charge Benefits (Miscellaneous Amendments) Regulations 1992 and shall come into force—
(a)
(a) for the purposes of this regulation and regulations 7, 18 and 30 on 30th March 1992;
(b)
(b) for the purposes of regulations 2(a), 8, 14, 15 and 17—
(i) to the extent that they relate to any case where rent is payable at intervals of one month or any other interval which is not a week or a multiple thereof, on 1st april 1992;
(ii) in any other case, on 6th April 1992;
(c)
(c) for the purposes of regulations 2(b), 3 to 6, 9, 10, 11(1), (3), (4) and (5), 13, 16, 19(b), 20 to 23, 26, 27, 28(1), (3), (4) and (5), 33 and 35 on 6th April 1992;
(d)
(d) for the purposes of regulations 11(2) and 28(2) on 5th October 1992;
(e)
(e) for the purposes of regulations 12, 19(a), 24, 25, 29, 31, 32 and 34 on 1st April 1992.
(2) In these Regulations—
(a)
(a) “the 1987 Regulations” means the Housing Benefit (General) Regulations 19875;
(b)
(b) “the 1989 Regulations” means the Community Charge Benefits (General) Regulations 19896.
Amendment of regulation 2 of the 1987 Regulations
2. In regulation 2(1) of the 1987 Regulations (interpretation)7—
(a) after the definition of “student” there shall be inserted the following definition—
““supplementary benefit” means a supplementary pension or allowance under section 1 or 4 of the Supplementary Benefits Act 19768;”;
(b) in the definition of “training allowance”—
(i) in paragraph (a) for the words “Training Agency” there shall be substituted the words “Secretary of State”;
(ii) in paragraph (c) for the words “that Agency” there shall be substituted the words “the Secretary of State”.
Amendment of regulation 46 of the 1987 Regulations
3. In regulation 46 of the 1987 Regulations (interpretation) in the definition of “student” for the words ““student” means a person” there shall be substituted the words ““student” means a person, other than a person in receipt of a training allowance,”.
Amendment of regulation 53 of the 1987 Regulations
4.—(1) Regulation 53 of the 1987 Regulations (calculation of grant income) shall be amended in accordance with the following provisions of this regulation.
(2) In paragraph (1) for the words “paragraph (2)” there shall be substituted the words “paragraphs (2) and (2A)”.
(3) After paragraph (2) there shall be inserted the following paragraph—
“2A Where in pursuance of an award a student is in receipt of a grant in respect of maintenance under regulation 17(b) of the Education (Mandatory Awards) Regulations 1991 (payments)9there shall be excluded from his grant income a sum equal to the amount specified in paragraph 7(4) of Schedule 2 to those Regulations (disregard of travel costs) being the amount to be disregarded in respect of travel costs in the particular circumstances of his case.”.
Amendment of regulation 54 of the 1987 Regulations
5. In regulation 54(3) of the 1987 Regulations (calculation of covenant income where a contribution is assessed) for the words from “regulation 53(2)(h)” to the end of the paragraph there shall be substituted the following words—
“regulation 53(2)(h) (calculation of grant income) falls short of the amount specified in paragraph 7(4)(i) of schedule 2 to the education (mandatory awards) regulations 1991 (travel expenditure).”.
Amendment of regulation 55 of the 1987 Regulations
6. In regulation 55(1)(c) of the 1987 Regulations (covenant income where no grant income or no contribution is assessed) for the words “regulation 53(2)(g) and (h)” there shall be substituted the words “regulation 53(2)(g) and (2A)”.
Amendment of regulation 68 of the 1987 Regulations
7.—(1) Regulation 68 of the 1987 Regulations (date on which change of circumstances is to take effect) shall be amended in accordance with the following provisions of this regulation.
(2) In paragraph (1) for the words “paragraphs (2) to (4)” there shall be substituted the words “paragraphs (2) to (5)”.
(3) For paragraph (3) there shall be substituted the following paragraph—
“3 Where the change of circumstances is an amendment of these Regulations that change, subject to regulation 69(7), shall take effect as follows—
(a) where the amendment is made by an order under section 63 of the Act (annual up-rating of benefits)—
(i) in a case in which the claimant’s weekly amount of eligible rent falls to be calculated in accordance with regulation 69(2)(b) (calculation of weekly amounts), from 1st April;
(ii) in any other case, from the first Monday in April, in the year in which that order comes into force;
(b) in respect of any other amendment, from the date on which the amendment of these Regulations comes into force in the particular case.”.
(4) In paragraph (4) for the words “paragraphs (1) to (3)” there shall be substituted the words “paragraphs (1), (2) or (3)(a)(i) or (b)”.
(5) After paragraph (4) there shall be added the following paragraph—
“5 Where, during a benefit week commencing on the first Monday in April—
(a) a change of circumstances takes effect in accordance with paragraph (3)(a)(ii),
(b) one or more changes of circumstances occur to which paragraph (1) applies, and
(c) no other change of circumstances occurs to which this regulation applies, any change of circumstances to which paragraph (1) applies and which occurs in that benefit week shall take effect from the first day of that benefit week.”.
Amendment of regulation 73 of the 1987 Regulations
8.—(1) Regulation 73 of the 1987 Regulations (evidence and information)10shall be amended in accordance with the following provisions of this regulation.
(2) In paragraph (1) for the words from “which is disregarded” to the end there shall be substituted the words “to which paragraph (3) applies”.
(3) After paragraph (2) there shall be added the following paragraph—
“3 This paragraph applies to any of the following payments—
(a) a payment which is—
(i) disregarded under paragraph 21 of Schedule 4 (income in kind) or paragraph 32 of Schedule 511(payments in kind made by a charity or under certain trusts), and
(ii) made under the Macfarlane Trust, the Macfarlane (Special Payments) Trust or the Macfarlane (Special Payments) (No. 2) Trust;
(b) a payment which is disregarded under paragraph 34 of Schedule 4 or paragraph 23 of Schedule 5 (payments made under certain trusts)12, other than a payment made under the Independent Living Fund.”.
Amendment of regulation 77 of the 1987 Regulations
9. In regulation 77 of the 1987 Regulations (notification of determinations) there shall be added at the end the following paragraphs—
“4 A person to whom an authority sends or delivers a notification of determination may request in writing the authority to provide a written statement setting out the reasons as to its determination of any matter set out in the notice.
5 The written statement referred to in paragraph (4) shall be sent to the person requesting it within 14 days or as soon as is reasonably practicable thereafter.”.
Amendment of regulation 78 of the 1987 Regulations
10. In regulation 78(3) of the 1987 Regulations (time and manner of making notifications, requests or representations)—
(a) the words “, 80 (requests for statement of reasons)” shall be omitted; and
(b) for the words “a request for a statement or representations” there shall be substituted the words “representations or a request for a further review”.
Amendment of regulation 79 of the 1987 Regulations
11.—(1) Regulation 79 of the 1987 Regulations (review of determinations) shall be amended in accordance with the following provisions of this regulation.
(2) At the end of paragraph (2) there shall be added the words “within 14 days of receiving the representations or as soon as reasonably practicable thereafter”.
(3) In paragraph (3) for the words “paragraph (4)” there shall be substituted the words “paragraph (5)”.
(4) In paragraph (4) for the words “regulation 80” there shall be substituted the words “regulation 77(4)”.
(5) In paragraph (6) for the words “77 to 80” there shall be substituted the words “77 to 79”.
Amendment of regulation 97 of the 1987 Regulations
12. In regulation 97(2) of the 1987 Regulations (offsetting) for the words “a recoverable overpayment under regulation 99 (recoverable overpayments)” there shall be substituted the words “an overpayment within the meaning of regulation 98...
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