The Social Security (Housing Costs Special Arrangements) (Amendment and Modification) Regulations 2008

JurisdictionUK Non-devolved
CitationSI 2008/3195
Year2008
(1) These Regulations may be cited as the Social Security (Housing Costs Special Arrangements) (Amendment and Modification) Regulations 2008.(2) Regulations 4 to 6, in so far as they relate to a particular person, come into force on the first day of the first benefit week to commence for that person on or after 5th January 2009.(3) The remaining provisions of these Regulations come into force on 5th January 2009.(4) In these Regulations—
  • benefit week” has the same meaning as in—
    • (a) regulation 2(1) of the Employment and Support Allowance Regulations , where the relevant benefit is an employment and support allowance;
    • (b) regulation 2(1) of the Income Support Regulations , where the relevant benefit is income support;
    • (c) regulation 1(2) of the Jobseeker's Allowance Regulations , where the relevant benefit is a jobseeker's allowance;
  • housing costs” has the same meaning as in paragraph 1(1) (housing costs) of —
    • (a) Schedule 6 to the Employment and Support Allowance Regulations, where the relevant benefit is an employment and support allowance;
    • (b) Schedule 3 to the Income Support Regulations, where the relevant benefit is income support;
    • (c) Schedule 2 to the Jobseeker's Allowance Regulations, where the relevant benefit is a jobseeker's allowance;
  • relevant benefit” means—
    • (a) an employment and support allowance;
    • (b) income support;
    • (c) a jobseeker's allowance;
  • the Employment and Support Allowance Regulations” means the Employment and Support Allowance Regulations 2008;
  • the Income Support Regulations” means the Income Support (General) Regulations 1987;
  • the Jobseeker's Allowance Regulations” means the Jobseeker's Allowance Regulations 1996;
  • the State Pension Credit Regulations” means the State Pension Credit Regulations 2002 .
  • . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  • is entitled to a relevant benefit on 4th January 2009; andon or after that date falls within paragraph (3) or (4) .(2) This Part ceases to apply in relation to a person who makes a further claim to the same, or claims another, relevant benefit after 4th January 2009.paragraph 8 (existing housing costs) or paragraph 9 (new housing costs) paragraph 6 (existing housing costs) paragraph 6 (existing housing costs) (4) A person falls within this paragraph if F33that person has been entitled to a relevant benefit for a continuous period, which includes 4th January 2009, for at least 8 weeks but less than 26 weeks under any of the provisions mentioned in paragraph (5) as in force apart from these Regulations.paragraph 8(1) (b) (existing housing costs) or paragraph 9(6) (new housing costs) of Schedule 6 to the Employment and Support Allowance Regulations;paragraph 6(1) (b) (existing housing costs) or paragraph 8(4) (new housing costs) of Schedule 3 to the Income Support Regulations;paragraph 6(1) (b) (existing housing costs) or paragraph 7(6) (new housing costs) of Schedule 2 to the Jobseeker's Allowance Regulations.
  • F40in paragraph 8(1) (existing housing costs) the reference to “26” were to “13” in each place it appears;
  • F40in paragraph 9(1) (new housing costs) the reference to “39” were to “13”;
  • in paragraph 12(4) (general provisions applying to new and existing housing costs)
  • in head (a) the reference to “26” were to “13”;
  • in head (b) the reference to “39” were to “13”.
  • F40in paragraph 6(1) (existing housing costs) the reference to “26” were to “13” in each place it appears;
  • F40in paragraph 8(1) (new housing costs) the reference to “39” were to “13”;
  • in paragraph 11(5) (general provisions applying to new and existing housing costs)
  • in head (a) the reference to “26” were to “13”;
  • in head (b) the reference to “39” were to “13”.
  • after paragraph 4 (housing costs not met) F14 there were inserted—
      (4A) Housing costs: limitation applicable to qualifying loans
    • (1) Subject to sub-paragraphs (2) and (3) , no amount may be met in respect of housing costs under paragraph 14 or 15 where the claimant has been in receipt of housing costs under either or both of those paragraphs for a total of 104 weeks.
    • (2) No week in which the appropriate amount specified in paragraph 10(4) is £100,000 in relation to that claimant is to count towards the 104 week total.
    • (3) Sub-paragraph (1) does not apply where—
    • (a) the claimant or his ... partner or, if the claimant is a member of a joint-claim couple, the other member of the couple, was previously entitled to income support or employment and support allowance; and
  • Subject to sub-paragraphs (2) and (3) , no amount may be met in respect of housing costs under paragraph 14 or 15 where the claimant has been in receipt of housing costs under either or both of those paragraphs for a total of 104 weeks.No week in which the appropriate amount specified in paragraph 10(4) is £100,000 in relation to that claimant is to count towards the 104 week total.the claimant or his 12 weeks or less has elapsed since the last day of that entitlement and the first day of entitlement to a jobseeker's allowance.In determining whether the exemption provided for in sub-paragraph (3) applies, where the claimant or his partner or, if the claimant is a member of a joint-claim couple, the other member of the couple was in receipt of a jobseeker’s allowance immediately before becoming entitled to income support by virtue of regulation 6(6) of the Income Support Regulations, no account shall be taken of entitlement arising by virtue of that regulation.
  • F40in paragraph 6(1) (existing housing costs) the reference to “26” were to “13” in...
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