Housing Benefit and Council Tax Benefit (General) Amendment (No.2) Regulations 1999
| Jurisdiction | UK Non-devolved |
| Citation | SI 1999/1539 |
1999 No. 1539
SOCIAL SECURITY
The Housing Benefit and Council Tax Benefit (General) Amendment (No.2) Regulations 1999
Made 3rd June 1999
Laid before Parliament 7th June 1999
Coming into force 28th June 1999
The Secretary of State for Social Security in exercise of powers conferred by sections 1(1C), 5(1)(b) and (j), 6(1)(b) and (k), 189(1), (4), (6) and (7) and 191 of the Social Security Administration Act 19921and of all other powers enabling him in that behalf, after consultation with organisations appearing to him to be representative of the authorities concerned2and after agreement by the Social Security Advisory Committee that proposals in respect of these Regulations should not be referred to it3, hereby makes the following Regulations:
Citation, commencement and interpretation
1.—(1) These Regulations may be cited as the Housing Benefit and Council Tax Benefit (General) Amendment (No.2) Regulations 1999 and shall come into force on 28th June 1999.
(2) In these Regulations–
“the Housing Benefit Regulations” means the Housing Benefit (General) Regulations 19874;
“the Council Tax Benefit Regulations” means the Council Tax Benefit (General) Regulations 19925.
Gateway Office
2. In regulation 2 of the Housing Benefit Regulations (interpretation) in paragraph (1) in the appropriate place there shall be inserted the following definition–
““gateway office” means an appropriate DSS office or an office designated by the appropriate authority which is nominated by the Secretary of State as a gateway office and referred to in a notice upon or attached to a form approved by the appropriate authority for the purpose of claiming housing benefit;”.
Amendment of regulation 72 of the Housing Benefit Regulations
3. Regulation 72 of the Housing Benefit Regulations (time and manner in which claims are to be made) shall be amended as follows–
(a) in paragraph (4), at the end there shall be added the following sub-paragraph–
“(d)
“(d) may, in the case of a claimant who has attained the age of 16 but not the age of 60 and is not engaged in remunerative work, be sent or delivered to a gateway office.”;
(b) in paragraph (5)6, after the words “Subject to paragraphs (11), (16) and (17)” there shall be inserted the words “and to regulation 72A”.
Insertion of new regulation 72A in the Housing Benefit Regulations
4. After regulation 72 of the Housing Benefit Regulations there shall be inserted the following regulation–
“Date of claim where claim sent or delivered to a gateway office
72A.—(1) Subject to paragraph (11) of regulation 72, and with the exception of those claims to which paragraph (3) of this regulation refers, where a claim for housing benefit has been sent or delivered to a gateway office in accordance with sub-paragraph (d) of paragraph (4) of regulation 72, the date on which that claim is made shall be–
(a)
(a) in a case where a claimant or his partner–
(i) is a person who has been awarded income support or an income-based jobseeker’s allowance; and
(ii) first notifies his intention to claim housing benefit within 4 weeks of the date on which his claim for that income support or jobseeker’s allowance was received at an appropriate DSS office,
the first day of entitlement to income support or an income-based jobseeker’s allowance, but if the first notification is by any means other than a claim which meets the requirements of regulation 72(1) such a claim must be received at a gateway office within one month of that notification; and for the purposes only of this sub-paragraph a person who has been awarded an income-based jobseeker’s allowance shall be treated as also entitled to that allowance for any days which immediately precede the first day in that award and on which he would, but for regulations made under paragraph 4 of Schedule 1 to the Jobseeker’s Act 19957 (waiting days) have been entitled to that allowance;
(b)
(b) in a case where the claimant or his partner–
(i) claimed income support or a jobseeker’s allowance; but
(ii) has no entitlement to income support or an income-based jobseeker’s allowance,
the first date on which notification is deemed to be given in accordance with paragraph (2), but if that notification is by any means other than a claim which meets the requirements of regulation 72(1) such a claim must be received at a gateway office within one month of that notification;
(c)
(c) in a case where a claimant or his partner–
(i) is a person on income support or entitled to an income-based jobseeker’s allowance;
(ii) has become liable for the first time to make payments in respect of the dwelling which he occupies as his home; and
(iii) first notifies his intention to make a claim for housing benefit within 4 weeks of the commencement of the rental liability,
the date on which the liability to make those payments arises, but if the first notification is by any means other than a claim which meets the requirements of regulation 72(1) such a claim must be received at the gateway office within one month of that notification;
(d)
(d) in a case where neither the claimant nor his partner is a person on income support or entitled to an income-based jobseeker’s allowance, the first date on which notification is deemed to be made in accordance with paragraph (2), but if that notification is by any means other than a claim which meets the requirements of regulation 72(1) such a claim must be received at the gateway office within one...
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