The Housing Benefit and Council Tax Benefit (Consequential Provisions) Regulations 2006

JurisdictionUK Non-devolved
CitationSI 2006/217

2006 No. 217

SOCIAL SECURITY

The Housing Benefit and Council Tax Benefit (Consequential Provisions) Regulations 2006

Made 2nd February 2006

Laid before Parliament 10th February 2006

Coming into force 6th March 2006

The Secretary of State for Work and Pensions makes the following Regulations in exercise of the powers conferred upon him by sections 123(1)(d) and (e), 130(2) to (4), 131(3)(b), (5)(c)(ii), (7)(b) and (10), 132, 133(3) and (4), 134, 135(1), (2) and (6), 136, 136A(3) and (4)(a), 137(1) and (2)(c) to (f), (l) and (m) and 175(1) and (3) to (6) of the Social Security Contributions and Benefits Act 19921, sections 1(1) and (1C), 5(1)(a) to (d) and (g) to (r) and (6), 6(1)(a) to (d), (g) to (r) and (u), 7(2), 7A, 75, 76(1) to (3), (6) and (8), 77(1), 113, 122E(3) and (4), 126A, 128A, 134(1A) and (8)(b), 138(1) and (9), 139(6)(b), 189(1) and (3) to (6) and 191 of the Social Security Administration Act 19922, section 122(3) and (5) of the Housing Act 19963and sections 34, 79(1) and (4) and 84 of the Social Security Act 19984.

These Regulations are made for the purpose only of consolidating other regulations revoked by these Regulations5.

In accordance with section 176(1) of the Social Security Administration Act 1992, the Secretary of State consulted with organisations appearing to him to be representative of the authorities concerned.

S-1 Citation, commencement and interpretation

Citation, commencement and interpretation

1.—(1) These Regulations may be cited as the Housing Benefit and Council Tax Benefit (Consequential Provisions) Regulations 2006 and shall come into force on 6th March 2006.

(2) In these Regulations—

“the Act” means the Social Security Contributions and Benefits Act 1992;

the 1987 Regulations” means the Housing Benefit (General) Regulations 19876;

“the 1992 Regulations” means the Council Tax Benefit (General) Regulations 19927;

“Council Tax Benefit Regulations” means the Council Tax Benefit Regulations 20068;

“the Council Tax Benefit (State Pension Credit) Regulations” means the Council Tax Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 20069;

“the Housing Benefit Regulations” means the Housing Benefit Regulations 200610;

“the Housing Benefit (State Pension Credit) Regulations” means the Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 200611;

“the consolidating Regulations” means the Council Tax Benefit Regulations, the Council Tax Benefit (State Pension Credit) Regulations, the Housing Benefit Regulations and the Housing Benefit (State Pension Credit) Regulations.

S-2 Continuity of the law

Continuity of the law

2.—(1) The coming into force of the consolidating Regulations does not affect the continuity of the law.

(2) Anything done or having effect as if done under or for the purposes of a provision revoked by these Regulations has effect, if it could have been done under or for the purposes of the corresponding provision of the consolidating Regulations, as if done under or for the purposes of that provision.

(3) Any reference, whether express or implied, in the consolidating Regulations or any other instrument or document to a provision of the consolidating Regulations shall, in so far as the context permits, be construed as including, in relation to the times, circumstances and purposes in relation to which the corresponding provision of any regulation revoked by these Regulations has effect, a reference to that corresponding provision.

(4) Any reference, whether express or implied, in any instrument or document to a provision of a regulation revoked by these Regulations shall be construed, so far as is required for continuing effect, as including a reference to the corresponding provision of the consolidating Regulations.

S-3 Revocations

Revocations

3.—(1) The provisions specified in column 1 of Schedule 1 to these Regulations are revoked to the extent specified in column 3 of that Schedule.

(2) The revocations have effect subject to any relevant savings in Schedule 3.

S-4 Documents referring to revoked provisions

Documents referring to revoked provisions

4. Any document made, served or issued after the consolidating Regulations comes into force which contains a reference to any of the regulations revoked by these Regulations shall be construed, except so far as a contrary intention appears, as referring or, as the context may require, including a reference to the corresponding provision of the consolidating Regulations.

S-5 Consequential amendments

Consequential amendments

5. The amendments specified in Schedule 2 to these Regulations, which are consequential upon the consolidating Regulations, shall have effect.

S-6 Transitional provisions and savings

Transitional provisions and savings

6.—(1) The provisions of Schedule 3 to these Regulations (which contains transitional provisions and savings) shall have effect.

(2) The revocation by these Regulations of any provision previously repealed subject to savings does not affect the continued operation of those savings.

S-7 Transitory modifications

Transitory modifications

7. The transitory modifications in Schedule 4 to these Regulations shall have effect.

S-8 Amending Orders

Amending Orders

8. An order which is made under section 150 of the Social Security Administration Act 1992 after the consolidating Regulations have been made and which amends any of the Regulations scheduled to be revoked by these Regulations shall have the effect also of making a corresponding amendment of the consolidating Regulations.

James Plaskitt

Parliamentary Under-Secretary of State,

Department for Work and Pensions

2nd February 2006

SCHEDULE 1

Regulation 3

Revocations

Statutory Instrument

Statutory Instrument number

Extent

The Housing Benefit (General) Regulations 1987

1987/1971

The whole Regulations.

The Housing Benefit (General) (Amendment) Regulations 1988

1988/661

The whole Regulations.

The Housing Benefit (Supply of Information) Regulations 1988

1988/662

The whole Regulations.

The Housing Benefit (General) Amendment No.2 Regulations 1988

1988/909

The whole Regulations.

The Housing Benefit (General) Amendment No.3 Regulations 1988

1988/1444

The whole Regulations.

The Housing Benefit (General) Amendment No.4 Regulations 1988

1988/1971

The whole Regulations.

The Housing Benefit (General) Amendment Regulations 1989

1989/416

The whole Regulations.

The Housing Benefit (General) Amendment No.2 Regulations 1989

1989/566

The whole Regulations.

The Housing Benefit (General) Amendment No.3 Regulations 1989

1989/1017

The whole Regulations.

The Income-related Benefits Scheme Amendment Regulations 1990

1990/127

Regulation 4.

The Housing Benefit (General) Amendment Regulations 1990

1990/546

The whole Regulations.

The Income-related Benefits (Miscellaneous Amendments) Regulations 1990

1990/671

Regulation 4.

The Social Security Benefits (Student Loans and Miscellaneous Amendments) 1990

1990/1549

Regulation 4 and, in so far as it has effect in relation to housing benefit, regulation 7.

The Income-related Benefits Amendment Regulations 1990

1990/1657

Regulation 4.

The Housing Benefit (General) (Amendment No.2) Regulations 1990

1990/1775

The whole Regulations.

The Social Security (Miscellaneous Provisions) Regulations 1990

1990/2208

Regulation 17.

The Housing Benefit (General) Amendment No.3 Regulations 1990

1990/2564

The whole Regulations.

The Housing Benefit (General) Amendment Regulations 1991

1991/235

The whole Regulations.

The Enterprise (Scotland) (Consequential Amendments) Order 1991

1991/387

Article 11 and the entry in the Schedule relating to the Housing Benefit (General) Regulations 1987.

The Income-related Benefit Schemes and Social Security (Recoupment) Amendment Regulations 1991

1991/1175

Regulation 4.

The Housing Benefit and Community Charge Benefits (Miscellaneous) Amendment Regulations 1991

1991/1599

The whole of the Regulations in so far as they are still in force.

The Income-related Benefits Schemes (Miscellaneous Provisions) Amendment Regulations 1991

1991/2695

Regulation 4.

The Disability Living Allowance and Disability Working Allowance (Consequential Provisions) Regulations 1991

1991/2742

Regulation 12.

The Income-related Benefits Schemes (Miscellaneous Amendments) Regulations 1992

1992/50

In regulation 1(1)—

(a) in sub-paragraph (a) the words “, and regulation 2” to “multiple of a week”;

(b) sub-paragraph (b).

In regulation 1(2), the reference to the Housing Benefit Regulations.

Regulation 2.

The Housing Benefit (General) Amendment Regulations 1992

1992/201

The whole Regulations.

The Housing Benefit and Community Charge Benefits (Miscellaneous Amendments) Regulations1992

1992/432

The whole Regulations, in so far as still in force.

The Income-related Benefits Schemes and Social Security (Recoupment) Amendment Regulations1992

1992/1101

In regulation 1(2), the reference to “the Housing Benefit Regulations”. Regulation 5.

The Income-related Benefits Schemes (Miscellaneous Amendments)(No.2) Regulations 1992

1992/1585

Regulation 1(1)(b) in so far as it relates to regulation 2(2)(d) and (3)'

In regulation 1(2) the reference to the “Housing Benefit Regulations”‘’

Regulations 2(2)(d) and 3.

The Council Tax Benefit (General) Regulations 1992

1992/1814

The whole Regulations.

The Housing Benefit and Community Charge Benefits (Miscellaneous Amendments)(No. 2) Amendments 1992

1992/2148

The whole Regulations, in so far as still in force.

The Social Security Benefits (Amendments Consequential Upon the Introduction of Community Care) Regulations 1992

1992/3147

In regulation 1(2), the definition of “the Housing Benefit Regulations”.

Regulations 4 to 6.

The Housing Benefit (General) Amendment Regulations 1993

1993/317

The whole Regulations.

The Social Security Benefits (Miscellaneous Amendments) Regulations 1993

1993/518

Regulation 6.

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