Housing Benefit (General) Amendment Regulations 1991
| Jurisdiction | UK Non-devolved |
| Citation | SI 1991/235 |
1991 No. 235
HOUSING, ENGLAND AND WALES
HOUSING, SCOTLAND
SOCIAL SECURITY
The Housing Benefit (General) Amendment Regulations 1991
Made 13th February 1991
Laid before Parliament 20th February 1991
The Secretary of State for Social Security in exercise of powers conferred by sections 20(1)(c), (8) and (12)(h) and (i), 21(6)(b), 22(1), (8) and (9), 29(5), 30(2B), 51(1)(a) and (b) 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 it4hereby makes the following Regulations:
Citation, commencement and interpretation
1.—(1) These Regulationss may be cited as the Housing Benefit (General) Amendment Regulations 1991 and shall come into force as follows—
(a)
(a) for the purposes of regulations 1, 5, 7 and 8 on 13th March 1991;
(b)
(b) for all other purposes on 1st April 1991.
(2) In these Regulations “the principal Regulations” means the Housing Benefit (General) Regulations 19875.
Amendment of regulations 5, 51 and Schedule 2 of the principal Regulations
2.—(1) In regulation 5(9) (circumstances in which a person is or is not to be treated as occupying a dwelling as his home) and Schedule 2 paragraph 7(1)(b) (applicable amounts) of the principal Regulations6for the words “the Training Commission” there shall be substituted the words “the Secretary of State”.
(2) In regulation 51(2)(b) (eligible rent) of the principal Regulations for the words “the Training Commisssion” there shall be substituted the words “the Secretary of State for Employment”.
Amendment of regulation 11 of the principal Regulations
3. In regulation 11 of the principal Regulations (restrictions on unreasonable payments)7paragraph (2) shall be amended in the following respects—
(a) for the words “Subject to paragraphs (3) to (4), where the appropriate authority considers” there shall be substituted the words “The appropriate authority shall consider”;
(b) in sub-paragraphs (a) and (c) for the words “otherwise that” there shall be substituted the words “otherwise, whether”;
(c) after sub-paragraph (c) for the words “the authority may” there shall be substituted the words “and, where it appears to the authority that the dwelling is larger than is reasonably required or that the rent is unreasonably high, the authority shall, subject to paragraphs (3) to (4),”;
(d) the words “eligible rates or” shall be omitted.
Amendment of regulation 29 of the principal Regulations
4. In regulation 29(2) of the principal Regulations (sums to be disregarded in calculating the net earnings of employed earners) for the words “paragraphs 1 to 11” there shall be substituted the words “paragraphs 1 to 12”.
Amendment of regulation 33 of the principal Regulations
5. In regulation 33(3A) of the principal Regulations (calculation of income other than earnings)8after the words “Education (Student Loans) Act 1990” there shall be inserted the words “or article 3 of the Education (Student Loans) (Northern Ireland) Order 19909.”.
Amendment of regulation 43A of the principal Regulations
6.—(1) Regulation 43A of the principal Regulations (diminishing notional capital rule)10shall be amended in accordance with the following paragraphs.
(2) In paragraph (3)—
(a)
(a) in sub-paragraph (a) for the words “refers, and” there shall be substituted the words “refers;”;
(b)
(b) for sub-paragraph (b) there shall be substituted the following sub-paragraph—
“(b)
“(b) where the claimant has also claimed community charge benefit, the amount of any community charge benefit or any additional amount of that benefit to which he would have been entitled in respect of the benefit week to which paragraph (2) refers but for the application of regulation 33(1) of the Community Charge Benefits (General) Regulations 1989 (notional capital)11;”;
(c)
(c) after sub-paragraph (b) there shall be added the following sub-paragraphs—
“(c)
“(c) where the claimant has also claimed family credit, the amount of family credit or any additional amount of that benefit to which he would have been entitled in respect of the benefit week to which paragraph (2) refers but for the application of regulation 34(1) of the Family Credit (General) Regulations 1987 (notional capital)12;
(d)
(d) where the claimant has also claimed income support, the amount of income support to which he would have been entitled in respect of the benefit week to which paragraph (2) refers but for the application of regulation 51(1) of the Income Support (General) Regulations 1987 (notional capital)13.”.
(3) Paragraph (4) shall be amended in accordance with the following sub-paragraphs—
(a)
(a) for the words “the amount shall be equal” there shall be substituted the words “the amount of the reduction shall be equal”;
(b)
(b) in sub-paragraph (b) the words “,within the meaning of regulation 2(1) of those Regulations (interpretation),” and the words “(if any)” shall be omitted;
(c)
(c) for the words “if the relevant week is a part-week” there shall be substituted the words “if the amount is in respect of a part-week”;
(d)
(d) after sub-paragraph (b) there shall be added the following sub-paragraphs—
“(c)
“(c) if the claimant would, but for regulation 34(1) of the Family Credit (General) Regulations 1987, have been entitled to family credit or to an additional amount of that benefit in respect of the benefit week within the meaning of regulation 34A(8)(a) of those Regulations (diminishing notional capital rule)14, which includes the last day of the relevant week, the amount which is equal to—
(i) in a case where no family credit is payable, the amount to which he would have been entitled, or
(ii) in any other case, the amount equal to the additional amount of family credit to which he would have been entitled; and
(d)
(d) if the claimant would, but for regulation 51(1) of the Income support (General) Regulations 1987, have been entitled to income support in respect of the benefit week, within the meaning of regulation 2(1) of those Regulations (interpretation), which includes the last day of the relevant week, the amount to which he would have been entitled and, for the purposes of this sub-paragraph, if the amount is in respect of a part-week, that amount shall be determined by dividing the amount of the income support to which he would have been so entitled by the number equal to the number of days in the part-week and multiplying the quotient so obtained by 7.”.
(4) In paragraph (8)—
(a)
(a) sub-paragraph (a) shall be amended by inserting the words “in paragraph (4)(b)” after the word “part-week”;
(b)
(b) after sub-paragraph (a) there shall be inserted the following sub-paragraph—
“(aa)
“(aa) “part-week” in paragraph (4)(d) means
(i) a period of less than a week which is the whole period for which income support is payable; and
(ii) to any other period of less than a week for which it is payable;”.
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