Social Security Citation and commencement 1 These Regulations may be cited as the Housing Benefit (Local Housing Allowance, Information Sharing and Miscellaneous) Amendment Regulations 2008 and shall come into force on 7th April 2008. Amendment of the Housing Benefit Regulations 2006 2 1 The Housing Benefit Regulations 2006 shall be amended as follows. 2 In regulation 101 (persons from whom recovery may be sought)— a after paragraph (2) insert— 2A Where an overpayment is made in a case where a relevant authority has determined a maximum rent ( LHA ) in accordance with regulation 13D (determination of a maximum rent (LHA)), and the housing benefit payable exceeds the amount which the claimant is liable to pay his landlord by way of rent, the relevant authority must not recover from the landlord more than the landlord has received. ; and b in paragraph (3) for “paragraph (1)” substitute “paragraphs (1) and (2A)”. Amendment of the Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 2006 3 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 82 (persons from whom recovery may be sought)— a after paragraph (2) insert— 2A Where an overpayment is made in a case where a relevant authority has determined a maximum rent (LHA) in accordance with regulation 13D (determination of a maximum rent (LHA)), and the housing benefit payable exceeds the amount which the claimant is liable to pay his landlord by way of rent, the relevant authority must not recover from the landlord more than the landlord has received. ; and b in paragraph (3) for “paragraph (1)” substitute “paragraphs (1) and (2A)”. Amendment of the Housing Benefit (Local Housing Allowance and Information Sharing) Amendment Regulations 2007 4 1 The Housing Benefit (Local Housing Allowance and Information Sharing) Amendment Regulations 2007 shall be amended as follows. 2 In regulation 3 (amendment of the Housing Benefit Regulations 2006 relating to information sharing)— a in paragraph (1)(b), in the inserted paragraph (4A) for “regulation 114A(6)” substitute “regulation 114A(5)”; and b in paragraph (2), in paragraph (1)(b) of the inserted regulation 114A for “regulation 12A” substitute “regulation 12D”. 3 In regulation 4(1)(g) (amendments to regulation 2 of the Housing Benefit Regulations 2006) for the inserted definition of “registered housing association” substitute— “registered housing association” means a housing association which— is registered in a register maintained by the Corporation or the National Assembly for Wales under Chapter 1 of Part 1 of the Housing Act 1996 ; or in Scotland, is registered by Scottish Ministers by virtue of section 57(3)(b) of the Housing (Scotland) Act 2001 , and “the Corporation” has the same meaning as in section 56 of the Housing Act 1996; . 4 In regulation 7 (insertion of regulations 13C, 13D and 13E into the Housing Benefit Regulations 2006)— a in the inserted regulation 13C(5) for “falling within any of paragraphs 4 to 10” substitute “mentioned in any of paragraphs 4 to 11”; and b in the inserted regulation 13D(2)(b) after “size criteria” insert “as set out in paragraph (3)”. 5 In regulation 8 (substitution of regulation 14 of the Housing Benefit Regulations 2006), in the substituted paragraph 14— a in paragraph (1)(f)— i for “or (e)” substitute “, (e) or (h)”; and ii in paragraph (ii) omit “or”; and b after paragraph (1)(g) add— or h has received notification that any of the circumstances in regulation 13C(5) apply. ; and c in paragraph (8) omit the definition of “the Corporation”. 6 In regulation 19 (amendment of Schedules 7 and 8 to the Housing Benefit Regulations 2006) for “paragraph 3(2)” substitute “paragraph 3(3)”. Amendment of the Housing Benefit (State Pension Credit) (Local Housing Allowance and Information Sharing) Amendment Regulations 2007 5 1 The Housing Benefit (State Pension Credit) (Local Housing Allowance and Information Sharing) Amendment Regulations 2007 shall be amended as follows. 2 In regulation 3 (amendment of the Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 2006 relating to information sharing)— a in paragraph (1)(b), in the inserted paragraph (4A) for “regulation 95A(6)” substitute “regulation 95A(5)”; and b in paragraph (2), in paragraph (1)(b) of the inserted regulation 114A for “regulation 12A” substitute “regulation 12D”. 3 In regulation 4(1)(f) (amendments to regulation 2 of the Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 2006) for the inserted definition of “registered housing association” substitute— “registered housing association” means a housing association which— is registered in a register maintained by the Corporation or the National Assembly for Wales under Chapter 1 of Part 1 of the Housing Act 1996; or in Scotland, is registered by Scottish Ministers by virtue of section 57(3)(b) of the Housing (Scotland) Act 2001, and “the Corporation” has the same meaning as in section 56 of the Housing Act 1996; . 4 In regulation 7 (insertion of regulations 13C, 13D and 13E into the Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 2006)— a in the inserted regulation 13C(5)(c) in the inserted regulation 13C(5) for “falling within any of paragraphs 4 to 10” substitute “mentioned in any of paragraphs 4 to 11”; and b in the inserted regulation 13D— i in paragraph (2)(a) for paragraph (ii) substitute— ii the claimant’s partner is not a care leaver; ; and ii in paragraph (2)(b) after “size criteria” insert “as set out in paragraph (3)”. 5 In regulation 8 (substitution of regulation 14 of the Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 2006), in the substituted paragraph 14— a in paragraph (1)(f)— i for “or (e)” substitute “, (e) or (h)”; and ii in paragraph (ii) omit “or”; and b after paragraph (1)(g) add— or h has received notification that any of the circumstances in regulation 13C(5) apply. ; and c in paragraph (8) omit the definition of “the Corporation”. 6 In regulation 15 (amendment of regulations 59 and 60 of the Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 2006) for paragraph (1) substitute— 1 In regulation 59 (date of which change of circumstances is to take effect)— a in paragraph (1) for “regulations 60 and 61(6)” substitute “regulations 60 and 61(5)”; and b in paragraph (3) for “regulation 61(6)” substitute “regulation 61(5)”. . Amendment of the Housing Benefit (Local Housing Allowance, Miscellaneous and Consequential) Amendment Regulations 2007 6 1 The Housing Benefit (Local Housing Allowance, Miscellaneous and Consequential) Amendment Regulations 2007 shall be amended as follows. 2 In regulation 4 (amendment of the Housing Benefit and Council Tax Benefit (Decisions and Appeals) Regulations 2001)— a in paragraph (3), in the inserted regulation 7A(2) for “regulation 13C” in both places in which it occurs substitute “regulation 13C(3)”; and b in paragraph (4)(b), for the substituted paragraph (15) substitute— 15 A decision to which regulation 7A(2) applies shall take effect— a on the day of decision, where the determination in accordance with regulation 13C(3) of the Housing Benefit Regulations or regulation 13C(3) of the Housing Benefit (State Pension Credit) Regulations (when maximum rent (LHA) is to be determined) was made on the first day of the benefit week; and b in any other case, on the first day of the benefit week following the week in which the determination in accordance with regulation 13C(3) of the Housing Benefit Regulations or regulation 13C(3) of the Housing Benefit (State Pension Credit) Regulations (when maximum rent (LHA) is to be determined) was made. . Signed by authority of the Secretary of State for Work and Pensions Stephen C. Timms Minister of State, Department for Work and Pensions 3rd March 2008