Citation and commencement

1.  These Regulations may be cited as the Housing Benefit (Abolition of the Family Premium and date of claim) (Amendment) Regulations 2015 and come into force-

(a)for the purposes of this regulation and regulation 3, on the 1st April 2016; and

(b)for all other purposes, on 1st May 2016.

Abolition of the family premium

2.-(1) The Housing Benefit Regulations 2006(4) are amended as follows-

(a)in regulation 22 (applicable amounts) omit paragraph (c);

(b)in regulation 23 (polygamous marriages) omit paragraph (d);

(c)in Schedule 3 omit Part 2 (family premium);

(d)for paragraph 17(2)(b)(ii)(bb) of Schedule 4 (sums to be disregarded in the calculation of earnings) substitute-

"(bb)his family includes at least one child or young person;"; and

(e)in paragraph 47(1) of Schedule 5 (sums to be disregarded in the calculation of income other than earnings) for "Where a claimant's applicable amount includes an amount by way of family premium," substitute "Where a claimant's family includes at least one child or young person,".

(2) The Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 2006(5) are amended as follows-

(a)in regulation 22 (applicable amounts) omit sub-paragraph (1)(c);

(b)in Schedule 3 omit Part 2 (family premium);

(c)for paragraph 9(2)(b)(ii)(bb) of Schedule 4 (sums to be disregarded in the calculation of earnings) substitute-

"(bb)his family includes at least one child or young person;"; and

(d)in paragraph 20(1) of Schedule 5 (amounts to be disregarded in the calculation of income other than earnings) for "Where a claimant's applicable amount includes an amount by way of family premium," substitute "Where a claimant's family includes at least one child or young person,".

Shortening the date from which a claim may be treated as made

3.  In regulation 83 (time and manner in which claims are to made)(6) of the Housing Benefit Regulations 2006, in paragraph (12A)(b) and (c) for "6 months" substitute "one month".

Transitional provision

4.-(1) Subject to paragraph (2), regulation 2 does not apply to a person who, on 30th April 2016, is entitled to housing benefit and is--

(a)a member of a family(7) of which at least one member is a child or young person; or

(b)a partner in a polygamous marriage, where he or she, or another partner of the polygamous marriage, is responsible for a child or young person who is a member of the same household.

(2) Paragraph (1) does not apply if-

(a)sub-paragraph (a) or (b) of that paragraph ceases to apply; or

(b)the person makes a new claim for housing benefit.

(3) For the purpose of this regulation "child", "polygamous marriage" and "young person" have the same meaning as in regulation 2 of the Housing Benefit Regulations 2006.

EXPLANATORY NOTE

(This note is not part of the Regulations)

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

Regulation 2 amends the Housing Benefit Regulations 2006 and the Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 2006 by abolishing the Family Premium contained in Part 2 of Schedule 3 to those Regulations, and making amendments consequential on the abolition of that premium.

Regulation 3 amends regulation 83(12A) of the Housing Benefit Regulations 2006 to shorten the period over which a claim for housing benefit can be backdated from six months to one month.

Regulation 4 contains transitional provisions. The provisions provide that the amendments in regulation 2 do not apply to a person who, on 30th April 2016, is entitled to housing benefit and is either: a member of a family that contains at least one child or young person; or a partner in a polygamous marriage where he or she, or another partner of the marriage, is responsible for a child or young person who is a member of the same household. The provisions will no longer apply to a person if the person makes a new claim for housing benefit or if sub-paragraph (a) or (b) of paragraph (1) ceases to apply to that person.

The report of the Social Security Advisory Committee dated 12th October 2015 in relation to the Secretary of State's proposals to make these Regulations, together with a statement showing the extent to which these Regulations give effect to the recommendations of the Committee and, in so far as they do not give effect to them, the reasons why not, are contained in an Act Paper published by The Stationery Office Ltd.

An impact assessment has not been produced for this instrument as it has no impact on the private sector or other civil society organisations.