1 Citation and commencement

These Regulations may be cited as the Housing Benefit (Daily Liability Entitlement) Amendment Regulations 2007 and shall come into force on 1st April 2007.

NOTES
Initial Commencement
Specified date

Specified date: 1 April 2007: see above.

State Pensions94 Benefits99 Pensions Law94 Welfare, Housing & Social Security Law99

2 Amendment of the Housing Benefit Regulations 2006

2Amendment of the Housing Benefit Regulations 2006

(1)    The Housing Benefit Regulations 2006 shall be amended as follows.

(2)    In regulation 76 (date on which entitlement is to commence)—

(a)    for paragraph (3)(c) substitute—

“(c)    he becomes liable in that benefit week to make payments, which fall due on a daily basis, in respect of the accommodation listed in paragraph (4) which he occupies as his home.”; and

(b)    after regulation 76(3) insert—

“(4)    The accommodation referred to in paragraph (3)(c) is—

(a)    a hostel;

(b)    board and lodging accommodation where the payments are to an authority under section 206(2) of the Housing Act 1996 or section 35(2)(b) of the Housing (Scotland) Act 1987;

(c)    accommodation which the authority holds on a licence agreement where the payments are to an authority under section 206(2) of the Housing Act 1996 or section 35(2)(b) of the Housing (Scotland) Act 1987; or

(d)    accommodation outside that authority's Housing Revenue Account which the authority holds on a lease granted for a term not exceeding 10 years.

(5)    In this regulation—

“board and lodging accommodation” means—

(a)    accommodation provided to a person or, if he is a member of a family, to him or any other member of his family, for a charge which is inclusive of the provision of that accommodation and at least some cooked or prepared meals which both are cooked or prepared (by a person other than a person to whom the accommodation is provided or by a member of his family) and are consumed in that accommodation or associated premises; or

(b)    accommodation provided to a person in a hotel, guest house, lodging house or some similar establishment,

but it does not include accommodation in a care home, an Abbeyfield Home, an independent hospital or a hostel; and

“Housing Revenue Account” has the same meaning as for the purposes of Part VIII of the Social Security Administration Act 1992.”.

(3)    In regulation 79(8) (date on which change of circumstances is to take effect) omit the words “in respect of a hostel”.

NOTES
Initial Commencement
Specified date

Specified date: 1 April 2007: see reg 1.

State Pensions94 Benefits99 Pensions Law94 Welfare, Housing & Social Security Law99

3 Amendment of the Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 2006

3Amendment of the Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 2006

(1)    The Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 2006 shall be amended as follows.

(2)    In regulation 57 (date on which entitlement is to commence)

(a)    for paragraph (2)(b) substitute—

“(b)    he becomes liable in that benefit week to make payments, which fall due on a daily basis, in respect of the accommodation listed in paragraph (3) which he occupies as his home.”; and

(b)    after regulation 57(2) insert—

“(3)    The accommodation referred to in paragraph (2)(b) is—

(a)    a hostel;

(b)    board and lodging accommodation where the payments are to an authority under section 206(2) of the Housing Act 1996 or section 35(2)(b) of the Housing (Scotland) Act 1987;

(c)    accommodation which the authority holds on a licence agreement where the payments are to an authority under section 206(2) of the Housing Act 1996 or section 35(2)(b) of the Housing (Scotland) Act 1987; or

(d)    accommodation outside that authority's Housing Revenue Account which the authority holds on a lease granted for a term not exceeding 10 years.

(4)    In this regulation—

“board and lodging accommodation” means—

(a)    accommodation provided to a person or, if he is a member of a family, to him or any other member of his family, for a charge which is inclusive of the provision of that accommodation and at least some cooked or prepared meals which both are cooked or prepared (by a person other than a person to whom the accommodation is provided or by a member of his family) and are consumed in that accommodation or associated premises; or

(b)    accommodation provided to a person in a hotel, guest house, lodging house or some similar establishment,

but it does not include accommodation in a care home, an Abbeyfield Home, an independent hospital or a hostel; and

“Housing Revenue Account” has the same meaning as for the purposes of Part VIII of the Social Security Administration Act 1992.”.

(3)    In regulation 59(8) (date on which change of circumstances is to take effect) omit the words “in respect of a hostel”.

NOTES
Initial Commencement
Specified date

Specified date: 1 April 2007: see reg 1.

State Pensions94 Benefits99 Pensions Law94 Welfare, Housing & Social Security Law99

Signature

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

James Plaskitt

Parliamentary Under Secretary of State,

Department for Work and Pensions

6th February 2007

State Pensions93 Benefits99 Pensions Law93 Welfare, Housing & Social Security Law99

EXPLANATORY NOTE

EXPLANATORY NOTE (This note is not part of the Regulations)

These Regulations amend the Housing Benefit Regulations 2006 (2006/213) and the Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 2006 (2006/214).

Regulation 2 amends the Housing Benefit Regulations 2006 to provide that persons who have a daily rent liability and reside in certain types of accommodation may be entitled to housing benefit from the first day of occupation rather than the Monday following the date the claim is received. An amendment is also made to provide that in circumstances where rent is payable on a daily basis the effective date of the change of circumstances ending entitlement will be the day the change happened rather than the end of the benefit week.

Regulation 3 makes equivalent provisions in relation to the Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 2006.

A full regulatory impact assessment has not been produced for this instrument as it has no impact on the costs of business, charities and voluntary bodies.

State Pensions94 Benefits99 Pensions Law94 Welfare, Housing & Social Security Law99