HOUSING, ENGLAND AND WALES Citation, commencement and interpretation 1 1 These Regulations may be cited as the Housing Benefit and Community Charge Benefits (Miscellaneous Amendments) Regulations 1992 and shall come into force— a for the purposes of this regulation and regulations 7, 18 and 30 on 30th March 1992; b for the purposes of regulations 2(a), 8, 14, 15 and 17— i to the extent that they relate to any case where rent is payable at intervals of one month or any other interval which is not a week or a multiple thereof, on 1st april 1992; ii in any other case, on 6th April 1992; c for the purposes of regulations 2(b), 3 to 6, 9, 10, 11(1), (3), (4) and (5), 13, 16, 19(b), 20 to 23, 26, 27, 28(1), (3), (4) and (5), 33 and 35 on 6th April 1992; d for the purposes of regulations 11(2) and 28(2) on 5th October 1992; e for the purposes of regulations 12, 19(a), 24, 25, 29, 31, 32 and 34 on 1st April 1992. 2 In these Regulations— a “the 1987 Regulations ” means the Housing Benefit (General) Regulations 1987 ; b “the 1989 Regulations ” means the Community Charge Benefits (General) Regulations 1989 . Amendment of regulation 2 of the 1987 Regulations 2 In regulation 2(1) of the 1987 Regulations (interpretation) — a after the definition of “student” there shall be inserted the following definition— “supplementary benefit” means a supplementary pension or allowance under section 1 or 4 of the Supplementary Benefits Act 1976 ; ; b in the definition of “training allowance”— i in paragraph (a) for the words “Training Agency” there shall be substituted the words “Secretary of State”; ii in paragraph (c) for the words “that Agency” there shall be substituted the words “the Secretary of State”. Amendment of regulation 46 of the 1987 Regulations 3 In regulation 46 of the 1987 Regulations (interpretation) in the definition of “student” for the words ““student” means a person” there shall be substituted the words ““student” means a person, other than a person in receipt of a training allowance,”. Amendment of regulation 53 of the 1987 Regulations 4 1 Regulation 53 of the 1987 Regulations (calculation of grant income) shall be amended in accordance with the following provisions of this regulation. 2 In paragraph (1) for the words “paragraph (2)” there shall be substituted the words “paragraphs (2) and (2A)”. 3 After paragraph (2) there shall be inserted the following paragraph— 2A Where in pursuance of an award a student is in receipt of a grant in respect of maintenance under regulation 17(b) of the Education (Mandatory Awards) Regulations 1991 (payments) there shall be excluded from his grant income a sum equal to the amount specified in paragraph 7(4) of Schedule 2 to those Regulations (disregard of travel costs) being the amount to be disregarded in respect of travel costs in the particular circumstances of his case. . Amendment of regulation 54 of the 1987 Regulations 5 In regulation 54(3) of the 1987 Regulations (calculation of covenant income where a contribution is assessed) for the words from “regulation 53(2)(h)” to the end of the paragraph there shall be substituted the following words— regulation 53(2)(h) (calculation of grant income) falls short of the amount specified in paragraph 7(4)(i) of schedule 2 to the education (mandatory awards) regulations 1991 (travel expenditure). . Amendment of regulation 55 of the 1987 Regulations 6 In regulation 55(1)(c) of the 1987 Regulations (covenant income where no grant income or no contribution is assessed) for the words “regulation 53(2)(g) and (h)” there shall be substituted the words “regulation 53(2)(g) and (2A)”. Amendment of regulation 68 of the 1987 Regulations 7 1 Regulation 68 of the 1987 Regulations (date on which change of circumstances is to take effect) shall be amended in accordance with the following provisions of this regulation. 2 In paragraph (1) for the words “paragraphs (2) to (4)” there shall be substituted the words “paragraphs (2) to (5)”. 3 For paragraph (3) there shall be substituted the following paragraph— 3 Where the change of circumstances is an amendment of these Regulations that change, subject to regulation 69(7), shall take effect as follows— a where the amendment is made by an order under section 63 of the Act (annual up-rating of benefits)— i in a case in which the claimant’s weekly amount of eligible rent falls to be calculated in accordance with regulation 69(2)(b) (calculation of weekly amounts), from 1st April; ii in any other case, from the first Monday in April, in the year in which that order comes into force; b in respect of any other amendment, from the date on which the amendment of these Regulations comes into force in the particular case. . 4 In paragraph (4) for the words “paragraphs (1) to (3)” there shall be substituted the words “paragraphs (1), (2) or (3)(a)(i) or (b)”. 5 After paragraph (4) there shall be added the following paragraph— 5 Where, during a benefit week commencing on the first Monday in April— a a change of circumstances takes effect in accordance with paragraph (3)(a)(ii), b one or more changes of circumstances occur to which paragraph (1) applies, and c no other change of circumstances occurs to which this regulation applies, any change of circumstances to which paragraph (1) applies and which occurs in that benefit week shall take effect from the first day of that benefit week. . Amendment of regulation 73 of the 1987 Regulations 8 1 Regulation 73 of the 1987 Regulations (evidence and information) shall be amended in accordance with the following provisions of this regulation. 2 In paragraph (1) for the words from “which is disregarded” to the end there shall be substituted the words “to which paragraph (3) applies”. 3 After paragraph (2) there shall be added the following paragraph— 3 This paragraph applies to any of the following payments— a a payment which is— i disregarded under paragraph 21 of Schedule 4 (income in kind) or paragraph 32 of Schedule 5 (payments in kind made by a charity or under certain trusts), and ii made under the Macfarlane Trust, the Macfarlane (Special Payments) Trust or the Macfarlane (Special Payments) ( No. 2) Trust; b a payment which is disregarded under paragraph 34 of Schedule 4 or paragraph 23 of Schedule 5 (payments made under certain trusts) , other than a payment made under the Independent Living Fund. . Amendment of regulation 77 of the 1987 Regulations 9 In regulation 77 of the 1987 Regulations (notification of determinations) there shall be added at the end the following paragraphs— 4 A person to whom an authority sends or delivers a notification of determination may request in writing the authority to provide a written statement setting out the reasons as to its determination of any matter set out in the notice. 5 The written statement referred to in paragraph (4) shall be sent to the person requesting it within 14 days or as soon as is reasonably practicable thereafter. . Amendment of regulation 78 of the 1987 Regulations 10 In regulation 78(3) of the 1987 Regulations (time and manner of making notifications, requests or representations)— a the words “, 80 (requests for statement of reasons)” shall be omitted; and b for the words “a request for a statement or representations” there shall be substituted the words “representations or a request for a further review”. Amendment of regulation 79 of the 1987 Regulations 11 1 Regulation 79 of the 1987 Regulations (review of determinations) shall be amended in accordance with the following provisions of this regulation. 2 At the end of paragraph (2) there shall be added the words “within 14 days of receiving the representations or as soon as reasonably practicable thereafter”. 3 In paragraph (3) for the words “paragraph (4)” there shall be substituted the words “paragraph (5)”. 4 In paragraph (4) for the words “regulation 80” there shall be substituted the words “regulation 77(4)”. 5 In paragraph (6) for the words “77 to 80” there shall be substituted the words “77 to 79”. Amendment of regulation 97 of the 1987 Regulations 12 In regulation 97(2) of the 1987 Regulations (offsetting) for the words “a recoverable overpayment under regulation 99 (recoverable overpayments)” there shall be substituted the words “an overpayment within the meaning of regulation 98 (meaning of overpayment)”. Amendment of Schedule 1A to the 1987 Regulations 13 In Schedule 1A to the 1987 Regulations (excluded tenancies) after paragraph 11 there shall be inserted the following paragraph— 11A 1 Subject to sub-paragraph (2) this paragraph applies to a tenancy— a in respect of a dwelling comprised in land which has been disposed of under section 32 of the Housing Act 1985 ; b in respect of a dwelling comprised in land which has been disposed of with the consent required by section 43 of the Housing Act 1985; c in respect of which the fee simple estate has been acquired, under the right conferred by part iv of the housing act 1988 , otherwise than from a housing action trust within the meaning of Part III of that Act; or d in respect of a dwelling disposed of under the New Towns (Transfer of Housing Stock) Regulations 1990 to a person who is an approved person for the purposes of disposal under those Regulations. 2 This paragraph shall not apply to a tenancy to which sub-paragraph (1) refers if— a there has been an increase in rent since the disposal or acquisition, as the case may be, occurred; and b the local authority stated in the application for determination that the circumstances set out in regulation 11(2)(a) or (c) (restrictions on unreasonable payments) exist. . Amendment of Schedule 4 to the 1987 Regulations 14 In Schedule 4 to the 1987 Regulations (sums to be disregarded in the calculation of income other than earnings)— a for paragraph 30 there shall be substituted the following paragraph— 30 Any social fund payment made pursuant to Part III of the Act. ; b after paragraph 47 there shall be inserted the following paragraphs— 48 Any payment made by the Secretary of State to compensate a person who was entitled to supplementary benefit in respect of a period ending immediately before 11th April 1988 but who did not become entitled to income support in respect of a period beginning with that day. 49 Any payment (other than a training allowance) made, whether by the Secretary of State or any other person, under the Disabled Persons (Employment) Act 1944 or in accordance with arrangements made under section 2 of the Employment and Training Act 1973 to assist disabled persons to obtain or retain employment despite their disability. . Amendment of Schedule 5 to the 1987 Regulations 15 In Schedule 5 to the 1987 Regulations (capital to be disregarded)— a for paragraph 19 there shall be substituted the following paragraph— 19 Any social fund payment made pursuant to Part III of the Act. ; b after paragraph 41 there shall be inserted the following paragraphs— 42 Any payment made by the Secretary of State to compensate a person who was entitled to supplementary benefit in respect of a period ending immediately before 11th April 1988 but who did not become entitled to income support in respect of a period beginning with that day. 43 Any payment (other than a training allowance, or a training bonus under section 2 of the Employment and Training Act 1973) made, whether by the Secretary of State or any other person, under the Disabled Persons (Employment) Act 1944 or in accordance with arrangements made under section 2 of the Employment and Training Act 1973 to assist disabled persons to obtain or retain employment despite their disability. 44 Any payment made by a local authority under section 3 of the Disabled Persons (Employment) Act 1958 to homeworkers assisted under the Blind Homeworkers' Scheme. . Amendment of Schedule 6 to the 1987 Regulations 16 In Schedule 6 to the 1987 Regulations (matters to be included in the notice of determination) in paragraph 2 for the words “regulation 80” there shall be substituted the words “regulation 77(4)”. Amendments of the 1987 Regulations consequential upon the Children Act 1989 17 The provisions of the 1987 Regulations shall be further amended in accordance with Schedule 1 to these Regulations, which makes changes consequential upon the Children Act 1989 . Amendment of regulation 2 of the Housing Benefit (Supply of Information) Regulations 1988 18 In regulation 2(1) of the Housing Benefit (Supply of Information) Regulations 1988 (information to be supplied by the Secretary of State to an authority) — a for sub-paragraph (c) there shall be substituted the following sub-paragraph— c where a claimant’s claim for income support has been disallowed, the reason for the disallowance; ; b in sub-paragraph (e) there shall be added at the end the words— and the date on which the payment of income support ceased or is to cease; ; c for sub-paragraph (g) there shall be substituted the following sub-paragraphs— g the name, date of birth and address of any claimant who is in receipt of income support and of any partner of his; h the national insurance number in respect of any claimant who is in receipt of income support and of any partner of his; i where a claimant or any partner of his is in receipt of income support and becomes liable for the first time to make payments in respect of the dwelling which he occupies as his home, the date on which a claim for housing benefit by the claimant or his partner is received by the appropriate DSS office; j where— i a claimant in receipt of income support or any partner of his reports to an appropriate DSS office that another person is residing or has ceased to reside with the claimant, and ii that person is a non-dependent for the purposes of regulation 3 of the Housing Benefit Regulations (definition of non-dependant) , the name and date of birth of that person; k any further information required for the purpose of— i the calculation and recovery of overpayments of housing benefit, ii the investigation and prevention of offences relating to housing benefit, iii any proceedings for an offence under the benefit Acts relating to housing benefit. . Amendment of regulation 2 of the 1989 Regulations 19 In regulation 2(1) of the 1989 Regulations (interpretation) — a after the definition of “student” there shall be inserted the following definition— “supplementary benefit” means a supplementary pension or allowance under section 1 or 4 of the Supplementary Benefits Act 1976 ; ; b in the definition of “training allowance”— i in paragraph (a) for the words “Training Agency” there shall be substituted the words “Secretary of State”; ii in paragraph (c) for the words “that Agency” there shall be substituted the words “the Secretary of State”. Amendment of regulation 36 of the 1989 Regulations 20 In regulation 36 of the 1989 Regulations (interpretation) in the definition of “student” for the words ““student” means a person” there shall be substituted the words ““student” means a person, other than a person in receipt of a training allowance,”. Amendment of Regulation 38 of the 1989 Regulations 21 1 Regulation 38 of the 1989 Regulations (calculation of grant income) shall be amended in accordance with the following provisions of this regulation. 2 In paragraph (1) for the words “paragraph (2)” there shall be substituted the words “paragraphs (2) and (2A)”. 3 After paragraph (2) there shall be inserted the following paragraph— 2A Where in pursuance of an award a student is in receipt of a grant in respect of maintenance under regulation 17(b) of the Education (Mandatory Awards) Regulations 1991 (payments) there shall be excluded from his grant income a sum equal to the amount specified in paragraph 7(4) of Schedule 2 to those Regulations (disregard of travel costs) being the amount to be disregarded in respect of travel costs in the particular circumstances of his case. . Amendment of regulation 39 of the 1989 Regulations 22 In regulation 39(3) of the 1989 Regulations (calculation of covenant income where a contribution is assessed) for the words from “regulation 38(2)(h)” to the end of the paragraph there shall be substituted the following words— regulation 38(2)(h) (calculation of grant income) falls short of the amount specified in paragraph 7(4)(i) of Schedule 2 to the Education (Mandatory Awards) Regulations 1991 (travel expenditure). . Amendment of regulation 40 of the 1989 Regulations 23 In regulation 40(1)(c) of the 1989 Regulations (covenant income where no grant income or no contribution is assessed) for the words “regulation 38(2)(g) and (h)” there shall be substituted the words “regulation 38(2)(g) and (2A)”. Amendment of regulation 56 of the 1989 Regulations 24 1 Regulation 56 of the 1989 Regulations (date on which change of circumstances is to take effect) shall be amended in accordance with the following provisions of this regulation. 2 After paragraph (3A) there shall be inserted the following paragraphs— 3B Where the change of circumstances is the death of a claimant’s partner it shall take effect on the day on which the death occurs. 3C Where— a the change of circumstances is the separation of the claimant and his partner, and b during the benefit week in which the separation occurs the partner ceases to be liable for the appropriate authority’s personal community charge or for a collective community charge in that authority’s area, the change shall take effect on the day on which the partner ceases to be so liable. . 3 In paragraph (4) for the words “paragraphs (1) to (3A)” there shall be substituted the words “paragraphs (1) to (3C)” and for the words “paragraph (2), (3) or (3A)” there shall be substituted the words “paragraph (2), (3), (3A), (3B) or (3C).”. Amendment of regulation 61 of the 1989 Regulations 25 1 Regulation 61 of the 1989 Regulations (evidence and information) shall be amended in accordance with the following provisions of this regulation. 2 In paragraph (1) for the words from “which is disregarded” to the end there shall be substituted the words “to which paragraph (3) applies”. 3 After paragraph (2) there shall be added the following paragraph— 3 This paragraph applies to any of the following payments— a a payment which is— i disregarded under paragraph 22 of Schedule 3 (income in kind) or paragraph 32 of Schedule 4 (payments in kind made by a charity or under certain trusts), and ii made under the Macfarlane Trust, the Macfarlane (Special Payments) Trust or the Macfarlane (Special Payments) (No. 2) Trust; b a payment which is disregarded under paragraph 35 of Schedule 3 or paragraph 23 of Schedule 4 (payments made under certain trusts) , other than a payment made under the Independent Living Fund. . Amendment of regulation 65 of the 1989 Regulations 26 In regulation 65 of the 1989 Regulations (notification of determinations) there shall be added at the end the following paragraphs— 3 A person to whom an authority sends or delivers a notification of determination may request in writing the authority to provide a written statement setting out the reasons as to its determination of any matter set out in the notice. 4 The written statement referred to in paragraph (3) shall be sent to the person requesting it within 14 days or as soon as is reasonably practicable thereafter. . Amendment of regulation 66 of the 1989 Regulations 27 In regulation 66(3) of the 1989 Regulations (time and manner of making notifications, requests or representations)— a the words “, 68 (requests for statement of reasons)” shall be omitted; and b for the words “a request for a statement or representations” there shall be substituted the words “representations or a request for a further review”. Amendment of regulation 67 of the 1989 Regulations 28 1 Regulation 67 of the 1989 Regulations (review of determinations) shall be amended in accordance with the following provisions of this regulation. 2 At the end of paragraph (2) there shall be added the words “within 14 days of receiving the representations or as soon as reasonably practicable thereafter”. 3 In paragraph (3) for the words “paragraph (4)” there shall be substituted the words “paragraph (5)”. 4 In paragraph (4) for the words “regulation 68” there shall be substituted the words “regulation 65(3)”. 5 In paragraph (6) for the words “65 to 68” there shall be substituted the words “65 to 67”. Amendment of regulation 82 of the 1989 Regulations 29 In regulation 82(2) of the 1989 Regulations (offsetting) for the words “recoverable excess benefits under regulation 84 (recoverable excess benefits)” there shall be substituted the words “excess benefits within the meaning of regulation 83 (meaning of excess benefits) ”. Amendment of regulation 92 of the 1989 Regulations 30 In regulation 92 of the 1989 Regulations (information to be supplied by the Secretary of State to an appropriate authority)— a for sub-paragraph (d) there shall be substituted the following sub-paragraph— d where a claimant’s claim for income support has been disallowed, the reason for the disallowance; ; b in sub-paragraph (f) there shall be added at the end the words— and the date on which the payment of income support ceased or is to cease ; c for sub-paragraph (h) there shall be substituted the following sub-paragraphs— h the national insurance number in respect of any claimant who is in receipt of income support and of any partner he may have; i where a claimant or any partner of his is in receipt of income support and changes his residence from the area of one appropriate authority to that of another, the date on which a claim for community charge benefit by the claimant or his partner is received by the appropriate social security office; j any further information required for the purpose of— i the calculation and recovery of excess community charge benefits, ii the investigation and prevention of offences relating to community charge benefits, iii any proceedings for an offence under the benefit Acts relating to community charge benefits. . Amendment of Schedule 3 to the 1989 Regulations 31 In Schedule 3 to the 1989 Regulations (sums to be disregarded in the calculation of income other than earnings)— a for paragraph 31 there shall be substituted the following paragraph— 31 Any social fund payment made pursuant to Part III of the Act. ; b after paragraph 46 there shall be inserted the following paragraphs— 47 Any payment made by the Secretary of State to compensate a person who was entitled to supplementary benefit in respect of a period ending immediately before 11th April 1988 but who did not become entitled to income support in respect of a period beginning with that day. 48 Any payment (other than a training allowance) made, whether by the Secretary of State or any other person, under the Disabled Persons (Employment) Act 1944 or in accordance with arrangements made under section 2 of the Employment and Training Act 1973 to assist disabled persons to obtain or retain employment despite their disability. . Amendment of Schedule 4 to the 1989 Regulations 32 In Schedule 4 to the 1989 Regulations (capital to be disregarded)— a for paragraph 19 there shall be substituted the following paragraph— 19 Any social fund payment made pursuant to Part III of the Act. ; b after paragraph 40 there shall be inserted the following paragraphs— 41 Any payment made by the Secretary of State to compensate a person who was entitled to supplementary benefit in respect of a period ending immediately before 11th April 1988 but who did not become entitled to income support in respect of a period beginning with that day. 42 Any payment (other than a training allowance, or a training bonus under section 2 of the Employment and Training Act 1973) made, whether by the Secretary of State or any other person, under the Disabled Persons (Employment) Act 1944 or in accordance with arrangements made under section 2 of the Employment and Training Act 1973 to assist disabled persons to obtain or retain employment despite their disability. 43.Any payment made by a local authority under section 3 of the Disabled Persons (Employment) Act 1958 to homeworkers assisted under the Blind Homeworkers' Scheme. . Amendment of Schedule 5 to the 1989 Regulations 33 In Schedule 5 to the 1989 Regulations (matters to be included in the notice of determination) in paragraph 2 for the words “regulation 68” there shall be substituted the words “regulation 65(3)”. Amendments of the 1989 Regulations consequential upon the Children Act 1989 34 The provisions of the 1989 Regulations shall be further amended in accordance with Schedule 2 to these Regulations, which makes changes consequential upon the Children Act 1989 . Revocations 35 The following regulations are hereby revoked, namely— a regulation 80 of the 1987 Regulations (requests for statement of reasons); and b regulation 68 of the 1989 Regulations (requests for statement of reasons). Signed by authority of the Secretary of State for Social Security. Ann Widdecombe Parliamentary Under-Secretary of State, Department of Social Security 2nd March 1992