The Housing Benefit and Council Tax Benefit (Extended Payments (Severe Disablement Allowance and Incapacity Benefit)) Amendment Regulations 2004

Explanatory Note

(This note is not part of the Regulations)

These Regulations amend the Housing Benefit (General) Regulations 1987 (S.I. 1987/1971) (“the Housing Benefit Regulations”) and the Council Tax Benefit (General) Regulations 1992 (S.I. 1992/1814) (“ the Council Tax Benefit Regulations”).

Regulation 2 inserts new definitions in the Housing Benefit Regulations and the Council Tax Benefit Regulations.

Regulation 3 inserts regulations 62ZB and 53ZB in the Housing Benefit Regulations and Council Tax Benefit Regulations respectively which provide for extended payments (severe disablement allowance and incapacity benefit) in certain cases in which entitlement to housing benefit and council tax benefit ceases.

Regulation 4 inserts regulations 65B and 56B in the Housing Benefit Regulations and Council Tax Benefit Regulations respectively which provide for circumstances in which entitlement to housing benefit and council tax benefit are to end where entitlement to incapacity benefit or severe disablement allowance ceases.

Regulation 5 makes minor amendments to regulations 69 and 51 of the Housing Benefit Regulations and Council Tax Benefit Regulations respectively, to provide for adjustment of entitlement to housing benefit or council tax benefit where a claimant has received an extended payment (severe disablement allowance and incapacity benefit).

Regulation 6 inserts Schedules 5B into the Housing Benefit Regulations and the Council Tax Benefit Regulations. The Schedules provide for the notification which must be given, calculation and payment of extended payments (severe disablement allowance and incapacity benefit), adjustment of entitlement and the treatment of movers.

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