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The Housing Benefit (State Pension Credit) (Local Housing Allowance and Information Sharing) Amendment Regulations 2007

Consolidated Text As Enacted Cited authorities 91 Cited in Amendments 9 Related
Vincent
JurisdictionUK Non-devolved
CitationSI 2007/2869
(1) These Regulations may be cited as the Housing Benefit (State Pension Credit) (Local Housing Allowance and Information Sharing) Amendment Regulations 2007.(2) This regulation and regulations 2 (amendment of the Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 2006 (3) Subject to paragraph (6) (which relates to non-local housing allowance cases) , regulations 4 to 19 (amendment of the Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 2006 relating to determination of appropriate maximum housing benefit) shall come into force on 7th April 2008 immediately following the coming into force of regulation 3.(4) Regulation 20 (substitution of Part 14 of and Schedule 9 to the Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 2006 in relation to former pathfinder authorities) shall come into force immediately following the coming into force of regulations 4 to 19 and in this paragraph “former pathfinder authorities” means those relevant authorities specified in Part 1 of Schedule 9 of the Housing Benefit (State Pension Credit) Regulations.(5) This paragraph applies to a case where no reference was made to a maximum rent (standard local rate) in determining the amount of the eligible rent which applied immediately before 7th April 2008 and in this paragraph—
  • “eligible rent” shall be construed in accordance with—
    • (i) regulations 12 or 12A of the Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 2006 as in force immediately before 7th April 2008; or
    • (ii) in a case to which paragraph 4 of Schedule 3 to the Housing Benefit and Council Tax Benefit (Consequential Provisions) Regulations 2006 applies, regulations 12 and 13 of those Regulations as set out in paragraph 5 of that Schedule as in force immediately before 7th April 2008; and
  • “maximum rent (standard local rate) ” means a maximum rent (standard local rate) determined in accordance with regulation 13A of the Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 2006 as in force immediately before 7th April 2008.
a relevant authority is required to apply to a rent officer by virtue of regulation 14 of the Housing Benefit (State Pension Credit) Regulations;sub-paragraph (a) would apply but for the case falling within regulation 14(4) (a) of, or 14(4) (b) of and paragraph 2 of Schedule 2 to, the Housing Benefit (State Pension Credit) Regulations (no application to rent officer required as an existing rent officer determination may be used) ;a relevant authority is required to determine a new eligible rent in accordance with regulation 12(3) (b) of the Housing Benefit (State Pension Credit) Regulations; ora relevant authority is required to determine a new eligible rent in accordance with regulation 12(3) of the Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 2006 as set out in paragraph 5 of Schedule 3 to the Consequential Provisions Regulations,(7) Where paragraph (6) does not apply before 6th April 2009, regulations 4 to 19 shall come into force on that date.(8) In this regulation—
  • “the Housing Benefit (State Pension Credit) Regulations” means the Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 2006 as in force immediately before the coming into force of regulations 4 to 19 in that case; and
  • “the Consequential Provisions Regulations” means the Housing Benefit and Council Tax Benefit (Consequential Provisions) Regulations 2006 as in force immediately before the coming into force of regulations 4 to 19 in that case.
  • The Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 2006 shall be amended in accordance with the following provisions of these Regulations.
    • omit paragraphs (2) , (3) and (9) ;after paragraph (4) insert—
    • (4A) The provision of information to the rent officer in accordance with F55regulation 95A(5) shall be treated as an application to the rent officer under paragraph (1) .
    .    The provision of information to the rent officer in accordance with F55regulation 95A(5) shall be treated as an application to the rent officer under paragraph (1) .(2) After regulation 94 (interpretation) insert—
      (95A) Information to be provided to rent officers
    • (1) This paragraph applies to every claim for or award of housing benefit in the form of a rent allowance where the eligible rent has been, or is to be determined, in accordance with—
    • (a) regulation 12(3) (a) (rent) or 12C (eligible rent and maximum rent) , as the case may require;
    • (b) F56regulation 12D (eligible rent and the maximum rent (LHA) ) or any of regulations 12E to 12K (transitional protection for pathfinder cases) , as the case may require; or
    • (c) regulations 12 (rent) and 13 (maximum rent) as set out in paragraph 5 of Schedule 3 to the Consequential Provisions Regulations.
    regulation 12(3) (a) (rent) or 12C (eligible rent and maximum rent) , as the case may require;F56regulation 12D (eligible rent and the maximum rent (LHA) ) or any of regulations 12E to 12K (transitional protection for pathfinder cases) , as the case may require; orregulations 12 (rent) and 13 (maximum rent) as set out in paragraph 5 of Schedule 3 to the Consequential Provisions Regulations.the address, including any room or unit number, house or flat number or name, and the postcode of the dwelling to which the claim or award relates;where the claim or award relates to mooring charges for a houseboat, or payments in respect of the site on which a caravan or mobile home stands, the mooring or plot number and the address of the mooring or site, including the postcode;the date on which the tenancy began;the amount of rent and the rental period, whether calendar monthly, four weekly, weekly or some other period;where the claimant has the use of two or more bedrooms, the number of bedrooms and rooms suitable for living in that there are in the dwelling, and in this sub-paragraph “bedroom” does not include a bedroom which the claimant shares with any person other than a member of his household, a non-dependant of his, or a person who pays rent to him or his partner;whether the tenant (together with his partner where he has one) has exclusive use of only one bedroom, and if so, whether they have exclusive use of a kitchen, bathroom, toilet and a room suitable for living in;a kitchen;a bathroom;a toilet; ora room suitable for living in;the date on which entitlement to housing benefit began; andwhere applicable, the date on which entitlement to housing benefit ended.the address, including any room or unit number, house or flat number or name and the postcode of the dwelling to which the claim or award relates;the date on which the tenancy began;the length of the tenancy;the total amount of those payments referred to in regulation 12(1) (rent) which the claimant is liable to make in respect of the dwelling which he occupies as his home;whether those payments include any charges for water, sewerage or allied environmental services or charges in

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