These Regulations may be cited as the Housing Benefit (General) (Amendment) Regulations 2004, and shall come into force on 9th December 2004.

In paragraph 11A of Schedule 1A to the Housing Benefit (General) Regulations 1987 (excluded tenancies–property acquired by social landlords)—

(a)    in sub-paragraph (1)(a) after “the Housing Act 1985” there shall be added “or section 12 of the Housing (Scotland) Act 1987”;

(b)    in sub-paragraph (1)(b) after “the Housing Act 1985” there shall be added “or section 12 of the Housing (Scotland) Act 1987”; and

(c)    in sub-paragraph (1)(c) after “Part III of that Act” there shall be added “or in respect of which the house has been acquired under the right conferred by Part III of the Housing (Scotland) Act 1988” .

(d)    in sub-paragraph (1)(d) after “disposal under those Regulations” there is added “or in respect of a dwelling disposed of pursuant to powers contained in the New Towns (Scotland) Act 1968 to a housing association”.

Signed by authority of the Secretary of State for Work and Pensions

Chris Pond

Parliamentary Under-Secretary of State,

Department for Work and Pensions

14th November 2004

These Regulations further amend the Housing Benefit (General) Regulations 1987 (“the 1987 Regulations”) which provide for a scheme whereby housing benefit is payable to persons who are liable to make certain payments in respect of a dwelling occupied as their home.

Paragraph 11A of Schedule 1A to the 1987 Regulations is amended to include relevant Scottish references. This will provide that tenancies of properties transferred from a Scottish Local Authority or a New Town Development Corporation in Scotland to a housing association in Scotland, will benefit from provisions in the 1987 Regulations that exempt certain tenancies from the requirement that they be referred to the rent officer.

A full regulatory impact assessment has not been produced for this instrument as it has no impact on the cost on business.