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United Kingdom Statutory Instruments
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URL: http://www.bailii.org/uk/legis/num_reg/2001/20011605.html

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STATUTORY INSTRUMENTS

2001 No. 1605

SOCIAL SECURITY

The Housing Benefit and Council Tax Benefit (Decisions and Appeals and Discretionary Financial Assistance) (Consequential Amendments and Revocations) Regulations 2001

  Made 26th April 2001 
  Laid before Parliament 1st May 2001 
  Coming into force 2nd July 2001 

The Secretary of State for Social Security, in exercise of the powers conferred upon him by sections 68 and 69 of, and paragraph 20(1)(b) and (3) of Schedule 7 to, the Child Support, Pensions and Social Security Act 2000[1], section 79(3) and (6) of the Social Security Act 1998[2] and sections 5(1)(hh), 6(1)(hh), 189(5) and 191 of the Social Security Administration Act 1992[3], and of all other powers enabling him in that behalf, after consultation with organisations appearing to him to be representative of the authorities concerned[4] and which is made before the end of a period of six months beginning with the coming into force of sections 68 and 69 of the Child Support, Pensions and Social Security Act 2000[5], by this Instrument, hereby makes the following Regulations:

Citation, commencement and interpretation
     1.  - (1) These Regulations may be cited as the Housing Benefit and Council Tax Benefit (Decisions and Appeals and Discretionary Financial Assistance) (Consequential Amendments and Revocations) Regulations 2001 and shall come into force on 2nd July 2001.

    (2) In these Regulations - 

Definitions
     2.  - (1) In regulation 2(1) of the Council Tax Benefit Regulations (interpretation) there shall be inserted in the appropriate places the following definitions - 

    (2) In regulation 2(1) of the Housing Benefit Regulations (interpretation) there shall be inserted in the appropriate places the following definitions - 

    (3) In regulation 2(1) of both the Council Tax Benefit Regulations and the Housing Benefit Regulations, for the definition of "person affected" there shall be substituted the following definition - 

Substitution of references to "appropriate authority" and "appropriate local authority"
     3.  - (1) Except in a case where paragraph (3)(a) below applies, in the provisions of the Council Tax Benefit Regulations specified in Part I of Schedule 1 to these Regulations, for the words "appropriate authority", wherever those words appear, there shall be substituted the words "relevant authority".

    (2) Except in a case where paragraph (3)(b) below applies, in the provisions of the Housing Benefit Regulations specified in Part II of Schedule 1 to these Regulations, for the words "appropriate authority" and "appropriate local authority", wherever those words appear, there shall be substituted the words "relevant authority".

    (3) In - 

for the words "an appropriate authority" or "an appropriate local authority" there shall be substituted the words "a relevant authority".

    (4) In regulation 2(1) of the Council Tax Benefit Regulations, the definition of "appropriate authority" shall be omitted.

Substitution of references to "determination" and related references
     4.  - (1) In the Council Tax Benefit Regulations - 

    (2) In the Housing Benefit Regulations - 

Substitution of references to "review" and related references
     5.  - (1) In the Council Tax Benefit Regulations - 

    (2) In the Housing Benefit Regulations - 

Amendment of Schedule 6 to both the Council Tax Benefit Regulations and the Housing Benefit Regulations
     6.  - (1) In Schedule 6 to the Council Tax Benefit Regulations[25] - 

"Every decision notice following an application for a revision in accordance with regulation 4(1)(a) of the Decisions and Appeals Regulations shall, if the original decision has been revised, include a statement as to the right of any person affected by that decision to apply for a revision in accordance with regulation 4(1)(a) of those Regulations and the manner and time in which to do so.";

    (2) In Schedule 6 to the Housing Benefit Regulations[26] - 

Rent Officer determinations
     7. In the Housing Benefit Regulations - 

Evidence and information
     8.  - (1) In regulation 63 of the Council Tax Benefit Regulations[28] (evidence and information) - 

    (2) In regulation 73 of the Housing Benefit Regulations[29] (evidence and information) - 

Other consequential amendments
     9.  - (1) In the Council Tax Benefit Regulations - 

    (2) In the Housing Benefit Regulations - 

Revocations
     10.  - (1) The provisions of the Council Tax Benefit Regulations specified in Part I of Schedule 2 to these Regulations shall be revoked.

    (2) The provisions of the Housing Benefit Regulations specified in Part II of Schedule 2 to these Regulations shall be revoked.

Maximum housing benefit: consequential amendments
     11.  - (1) In regulation 61 of the Housing Benefit Regulations (maximum housing benefit) - 

    (2) In paragraph 7 of Schedule A1 to the Housing Benefit Regulations (claims for housing benefit by refugees: calculation of amount of benefit) - 



Signed by authority of the Secretary of State for Social Security.


Angela Eagle
Parliamentary Under-Secretary of State, Department of Social Security

26th April 2001



SCHEDULE 1
Regulation 3



PART I

SUBSTITUTION OF REFERENCES TO "APPROPRIATE AUTHORITY" IN THE COUNCIL TAX BENEFIT REGULATIONS

Definition of "designated office" in regulation 2(1)

Regulation 3(3)

Regulation 12(1)

Regulation 14(2) and (3)

Regulation 22(7)

Regulation 26(2B)[34],(4), (4A)[35],(4C)[36], (5) and (5A)[37]

Regulation 50

Regulation 52(7)

Regulation 53A(1A)[38]

Regulation 57(1), (2) and (4)

Regulation 58(1)[39]

Regulation 61(1) and (3) to (7)[40]

Regulation 62(1) to (4), (7), (8), (10), (11) to (13), (15) and (15A)[41]

Regulation 63(1), (2), (4) and (5)[42]

Regulation 65(2)

Regulation 66(1), (4) and (5)[43]

Regulation 67(1)

Regulation 77(1) to (3)

Regulation 79(1) and (2)

Regulation 81(1) and (3)

Regulation 83(b)

Regulation 84(5)

Regulation 85

Regulation 87(2) and (3)

Regulation 89(1)

Regulation 90(1) and (3)[44]

Schedule A1[45] - 

Schedule 5A[48] - 

Schedule 6 - 



PART II

SUBSTITUTION OF REFERENCES TO "APPROPRIATE AUTHORITY" AND "APPROPRIATE LOCAL AUTHORITY" IN THE HOUSING BENEFIT REGULATIONS

Definition of "designated office" in regulation 2(1)

Regulation 11(5B), (5D) and (5E)[49]

Regulation 11(2), (4) and (6) (as saved by S.I.1995/1644)

Regulation 11(9)

Regulation 12(1) (as saved by S.I. 1997/852)

Regulation 12A(1), (1A), (1B), (2), (4), (5) and (7A)[50]

Regulation 12C(2)[51]

Regulation 20(1)

Regulation 22(2) and (3)

Regulation 31(7)

Regulation 35(2B)[52], (4), (4A)[53], (4C)[54], (5) and (5A)[55]

Regulation 50(3)

Regulation 60

Regulation 62A(1A)[56]

Regulation 66(1), (2), (4) and (5)[57]

Regulation 67(1)[58]

Regulation 71(1) and (3) to (6)

Regulation 72(1) to (4), (7), (8), (11), (12), (14)[59] and (14A)[60]

Regulation 73(2), (4) and (5)

Regulation 76(1), (4) and (5)

Regulation 88(1) and (2)

Regulation 90(3) to (5)

Regulation 91(1)

Regulation 91A(1)[61]

Regulation 93(3)[62]

Regulation 94(1B)[63]

Regulation 96(1), (3) and (5)[64]

Regulation 99(4)[65]

Regulation 103 (1)

Regulation 104(1) and (3)[66]

Regulation 106[67]

Schedule A1[68]

Schedule 1 - 

Schedule 1A[72] - 

Schedule 5A[73] - 

Schedule 6 - 



SCHEDULE 2
Regulation 10



PART I

REVOCATION OF PROVISIONS IN THE COUNCIL TAX BENEFIT REGULATIONS

Regulation 51(5)

Regulation 54(4)

Regulation 68

Regulation 69

Regulation 70

Regulation 71

Regulation 72

Regulation 73

Regulation 74

Regulation 75

Regulation 76

Regulation 80

Regulation 81A

Schedule 7



PART II

REVOCATION OF PROVISIONS IN THE HOUSING BENEFIT REGULATIONS

Regulation 2(2)

Regulation 78

Regulation 79

Regulation 81

Regulation 82

Regulation 83

Regulation 84

Regulation 85

Regulation 86

Regulation 87

Regulation 95

Regulation 96A

Schedule 7


EXPLANATORY NOTE

(This note is not part of the Regulations)


These Regulations make consequential provision in the Housing Benefit (General) Regulations 1987 (S.I. 1987/1971) and in the Council Tax Benefit (General) Regulations 1992 (S.I. 1992/1814) in consequence of the coming into force of section 68 of, and Schedule 7 to, the Child Support, Pensions and Social Security Act 2000 (c.19) ("the 2000 Act") which introduces new arrangements for decision-making in relation to housing benefit and council tax benefit and also upon section 69 of that Act which introduces a new scheme of discretionary financial assistance for those receiving housing benefit and council tax benefit.

These Regulations are made before the expiry of six months from the commencement of the provisions under which they are made and are accordingly exempt under section 173(5)(a) of the Social Security Administration Act 1992 (c.5) from reference to the Social Security Advisory Committee and have not been so referred.

Regulation 2 inserts certain definitions into those Regulations.

Regulation 3 and Schedule 1 substitute references to "appropriate authority" with references to "relevant authority".

Regulation 4 modifies references to determinations in those Regulations and regulation 5 does the same in respect of references to reviews.

Regulation 6 amends Schedule 6 to those Regulations which deal with the formalities for notifications of decisions.

Regulation 7 makes special provision in the Housing Benefit Regulations relating to Rent Officer determinations.

Regulation 8 amends the provisions relating to what evidence and information must be provided when submitting a claim for housing benefit or council tax benefit.

Regulation 9 makes other consequential amendments relating to the coming into force of section 68 of the 2000 Act and regulation 11 makes similar amendments relating to the coming into force of section 69 of that Act.

Regulation 10 and Schedule 2 revoke various provisions.

These Regulations do not impose a charge on business.

Notes:

 [1] 2000 c. 19.back

[2] 1998 c. 14.back

[3] 1992 c. 5. Section 5(1)(hh) was inserted by the Social Security Act 1998 (c. 12), section 74. Section 6(1)(hh) was inserted by the Child Support, Pensions and Social Security Act 2000, Schedule 7, paragraph 21(2). Section 6 was amended to have effect in relation to council tax benefit by the Local Government Finance Act 1992 (c. 14), Schedule 9, paragraph 12(1)(a). Section 191 is cited because of the meaning ascribed to the word "prescribe".back

[4] See section 176(1) of the Social Security Administration Act 1992.back

[5] See section 173(5)(a) of the Social Security Administration Act 1992.back

[6] S.I. 1992/1814.back

[7] S.I. 1987/1971.back

[8] S.I. 2001/1002.back

[9] Regulation 12A was inserted by S.I. 1990/546.back

[10] Regulation 12B was inserted by S.I. 2000/4.back

[11] Regulation 71(7) was added by S.I. 1999/3108 and amended by S.I. 2000/897.back

[12] Regulation 90 was substituted by S.I. 2000/2331.back

[13] Schedule A1 was inserted by S.I. 1996/2432.back

[14] Regulation 77(1) was so designated by S.I. 1988/661.back

[15] Regulation 77(4) was added by S.I. 1992/432 and amended by S.I. 1994/2137.back

[16] Regulation 91(1) was amended by S.I. 1995/2868.back

[17] Regulation 91A was inserted by S.I. 1988/661.back

[18] Regulation 94(1A) was inserted by S.I. 1996/965.back

[19] Regulation 97(1A) was inserted by S.I. 2000/2331.back

[20] Regulation 104 was substituted by S.I. 2000/2331.back

[21] Schedule A1 was inserted by S.I. 1996/2432.back

[22] Regulation 27(5) was added by S.I. 1993/2118.back

[23] Regulation 36(5) was added by S.I. 1993/2118.back

[24] Regulation 99(4) was added by S.I. 1991/1599.back

[25] The relevant amending instrument is S.I. 2000/897.back

[26] The relevant amending instruments are S.I. 1997/2435 and 2000/897.back

[27] Regulations 12B, 12C and 12D were inserted by S.I. 2000/4.back

[28] The relevant amending instruments are S.I. 1995/2303 and 1996/2432.back

[29] The relevant amending instruments are S.I. 1988/661, 1995/2303 and 1996/2432.back

[30] The relevant amending instrument is S.I. 2000/897.back

[31] Regulation 11(1A) was inserted by S.I. 2001/1324.back

[32] The relevant amending instrument is S.I. 2000/897.back

[33] Regulation 96(1) was amended by S.I. 1992/2148.back

[34] Regulation 26(2B) was inserted by S.I. 1995/2303.back

[35] Regulation 26(4A) was inserted by S.I. 1995/626.back

[36] Regulation 26(4C) was inserted by S.I. 1996/1803.back

[37] Regulation 26(5A) was inserted by S.I. 2000/678.back

[38] Regulation 53A was inserted by S.I. 1996/194. Paragraph (1A) was inserted by S.I. 1999/2556.back

[39] Regulation 58(1) was renumbered by S.I. 1996/1510.back

[40] Regulation 61(7) was added by S.I. 1999/3108.back

[41] Regulation 62(15)(c) was added by S.I. 1999/2556 and amended by S.I. 2001/537. Regulation 62(15A) was inserted by S.I. 1999/2556.back

[42] Regulation 63(4) and (5) were added by S.I. 1995/2303.back

[43] Regulation 66(4) was added by S.I. 1996/194 and regulation 66(5) was added by S.I. 1999/2556.back

[44] Regulation 90 was substituted by S.I. 2000/2331.back

[45] Schedule A1 was inserted by S.I. 1996/2432.back

[46] Paragraph 2 was saved by S.I. 2000/636.back

[47] Paragraph 2A was inserted by S.I. 2000/636.back

[48] Schedule 5A was inserted by S.I. 1996/194.back

[49] Regulation 11(5B), (5D) and (5E) were inserted by S.I. 1999/2734.back

[50] Regulation 12A was inserted by S.I. 1990/546. The relevant amending instruments are S.I. 1995/1644 and 2000/4.back

[51] Regulation 12C was inserted by S.I. 2000/4.back

[52] Regulation 35(2B) was inserted by S.I. 1995/2303.back

[53] Regulation 35(4A) was inserted by S.I. 1995/626.back

[54] Regulation 35(4C) was inserted by S.I. 1996/1803.back

[55] Regulation 35 (5A) was inserted by S.I. 2000/678.back

[56] Regulation 62A was inserted by S.I. 1996/194. Paragraph (1A) was inserted by S.I. 1999/2556.back

[57] Regulation 66(5) was added by S.I. 2000/4.back

[58] Regulation 67(1) was renumbered by S.I. 1996/1510.back

[59] Regulation 72(14)(c) was added by S.I. 1999/2556 and amended by S.I.2001/537.back

[60] Regulation 72(14A) was inserted by S.I. 1999/2556.back

[61] Regulation 91A was inserted by S.I. 1988/661.back

[62] Regulation 93(3) was added by S.I. 1997/243.back

[63] Regulation 94(1B) was inserted by S.I. 1997/2434.back

[64] Regulation 96(5) was added by S.I. 1992/2148.back

[65] Regulation 99(4) was added by S.I. 1991/1559.back

[66] Regulation 104 was substituted by S.I. 2000/2331.back

[67] Regulation 106 was added by S.I. 1989/566.back

[68] Schedule A1 was inserted by S.I. 1996/2432.back

[69] Paragraph 2 was saved by S.I. 2000/636.back

[70] Paragraph 2A was inserted by S.I. 2000/636.back

[71] Sub-paragraph 2(1A) was inserted by S.I. 1991/235.back

[72] Schedule 1A was inserted by S.I. 1990/546. Paragraph 2(4) was added by S.I. 1993/317.back

[73] Schedule 5A was inserted by S.I. 1996/194.back


ISBN 0 11 029409 2


 © Crown copyright 2001

Prepared 1 May 2001

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URL: http://www.bailii.org/uk/legis/num_reg/2001/20011605.html