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Welfare Reform Bill


Welfare Reform Bill
Part 2 — Housing benefit and council tax benefit

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26      

Transition relating to Part 1

Schedule 4 (which makes provision with respect to transition in relation to this

Part) has effect.

Part 2

Housing benefit and council tax benefit

5

27      

Local housing allowance

(1)   

In section 130 of the Contributions and Benefits Act (housing benefit)

subsection (4) ceases to have effect.

(2)   

After that section insert—

“130A   

Appropriate maximum housing benefit

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(1)   

For the purposes of section 130 above, the appropriate maximum

housing benefit (in this section referred to as “the AMHB”) is

determined in accordance with this section.

(2)   

Regulations must prescribe the manner in which the AMHB is to be

determined.

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(3)   

The regulations may provide for the AMHB to be ascertained in the

prescribed manner by reference to rent officer determinations.

(4)   

The regulations may require an authority administering housing

benefit in any prescribed case—

(a)   

to apply for a rent officer determination, and

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(b)   

to do so within such time as may be specified in the regulations.

(5)   

The regulations may make provision as to the circumstances in which,

for the purpose of determining the AMHB, the amount of the liability

mentioned in section 130(1)(a) above must be taken to be the amount of

a rent officer determination instead of the actual amount of that

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liability.

(6)   

Regulations under subsection (5) may also make provision for the

liability of a person who, by virtue of regulations under section 137(2)(j)

below, is treated as having a liability mentioned in section 130(1)(a)

above to be the amount of a rent officer determination.

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(7)   

A rent officer determination is a determination made by a rent officer

in the exercise of functions under section 122 of the Housing Act 1996.”

(3)   

In Schedule 7 to the Child Support, Pensions and Social Security Act 2000

(c. 19) (housing benefit and council tax benefit: revisions and appeals), in

paragraph 4—

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(a)   

in sub-paragraph (1) for “sub-paragraph (4)” substitute “sub-

paragraphs (4) and (4A)”;

(b)   

after sub-paragraph (4) insert—

   “(4A)  

Regulations may prescribe the cases and circumstances in

which, and the procedure by which, a decision relating to

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housing benefit must be made by the appropriate relevant

authority.”

 
 

Welfare Reform Bill
Part 2 — Housing benefit and council tax benefit

20

 

28      

Loss of housing benefit following eviction for anti-social behaviour, etc.

(1)   

After section 130A of the Contributions and Benefits Act (inserted by section

27) insert—

“130B   

Loss of housing benefit following eviction on certain grounds

(1)   

If the following conditions are satisfied, then housing benefit is payable

5

in the case of a person (“the former occupier”) subject to subsection

(4)—

(a)   

a court makes a relevant order for possession of a dwelling

occupied by him as his home;

(b)   

in consequence of the order he ceases to occupy the dwelling;

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(c)   

either of the conditions in subsections (2) and (3) is satisfied;

and

(d)   

the conditions for entitlement to housing benefit are or become

satisfied with respect to him.

(2)   

The condition in this subsection is that the former occupier fails,

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without good cause, to comply with a warning notice served on him by

a relevant local authority in England and Wales after he has ceased to

occupy the dwelling.

(3)   

The condition in this subsection is that—

(a)   

the former occupier was, after he ceased to occupy the dwelling,

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required by a relevant local authority in Scotland to take

specified action with the aim mentioned in subsection (10),

(b)   

the former occupier was warned by the relevant local authority

that if he failed to comply with the requirement the amount of

housing benefit payable to him would be affected,

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(c)   

the former occupier fails, without good cause, to comply with

the requirement, and

(d)   

the relevant local authority recommends that housing benefit be

payable to the former occupier subject to subsection (4).

(4)   

During the restriction period or such part of it as may be prescribed,

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one or both of the following applies—

(a)   

the rate of the benefit is reduced in such a manner as may be

prescribed;

(b)   

the benefit is payable only if the circumstances are such as may

be prescribed.

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(5)   

The restriction period begins with the earliest date on which the

conditions set out in subsections (1) to (3) are satisfied.

(6)   

That period stops running if the relevant local authority considers that

the restriction set out in subsection (4) should no longer apply (whether

because the former occupier is taking action to improve his behaviour

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or for any other reason), but starts running again if—

(a)   

in England and Wales, the former occupier fails to comply with

a further warning notice served on him;

(b)   

in Scotland, the condition in subsection (7) is satisfied.

(7)   

The condition is that—

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(a)   

the former occupier fails to comply with a further requirement

such as is mentioned in paragraph (a) of subsection (3), having

 
 

Welfare Reform Bill
Part 2 — Housing benefit and council tax benefit

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been warned as mentioned in paragraph (b) of that subsection,

and

(b)   

the relevant local authority recommends that the restriction

period starts running again.

(8)   

The restriction period shall not include any period which falls more

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than five years after the date on which the order for possession was

made.

(9)   

A former occupier may not be subject to more than one restriction

period in respect of one order for possession.

(10)   

A relevant local authority is—

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(a)   

in England and Wales, a local authority within the meaning of

section 1 of the Local Government Act 2000, or

(b)   

in Scotland, a council constituted under section 2 of the Local

Government etc. (Scotland) Act 1994,

   

which provides or may provide services to a former occupier with the

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aim of ending, or preventing repetition of, the conduct which may lead

or has led to the making of a relevant order for possession.

(11)   

A warning notice is a notice in the prescribed form—

(a)   

requiring the former occupier to take specified action with the

aim mentioned in subsection (10),

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(b)   

specifying the time when, or within which, that action must be

taken, and

(c)   

warning the former occupier that if he fails to take the action the

amount of housing benefit payable to him would be affected.

130C    

Relevant orders for possession

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(1)   

In section 130B a relevant order for possession is, in England and

Wales—

(a)   

an order made under section 84 of the Housing Act 1985 (secure

tenancies) on ground 2 set out in Schedule 2 to that Act;

(b)   

an order made under section 7 of the Housing Act 1988 (assured

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tenancies) on ground 14 set out in Schedule 2 to that Act;

(c)   

an order made under section 98 of the Rent Act 1977 (protected

or statutory tenancies) in the circumstances specified in case 2

in Schedule 15 to that Act.

(2)   

In that section a relevant order for possession is, in Scotland—

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(a)   

an order made under section 16(2) of the Housing (Scotland)

Act 2001 (secure tenancies) on one of the grounds set out in

paragraphs 2 and 7 in Part 1 of Schedule 2 to that Act;

(b)   

an order made in accordance with section 18 of the Housing

(Scotland) Act 1988 (assured tenancies) on Ground 15 in Part 2

40

of Schedule 5 to that Act;

(c)   

an order made in accordance with section 11 of the Rent

(Scotland) Act 1984 (protected or statutory tenancies) in the

circumstances specified in Case 2 in Part 1 of Schedule 2 to that

Act.

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(3)   

For the purposes of subsections (1) and (2) it does not matter whether

the order is made on the grounds or in the circumstances there

mentioned alone or together with other grounds or circumstances.

 
 

Welfare Reform Bill
Part 2 — Housing benefit and council tax benefit

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(4)   

Subsections (5) and (6) apply if the court—

(a)   

stays (in Scotland, sists) or suspends the execution of a relevant

order for possession, or postpones the date of possession under

it, and

(b)   

imposes a condition (or conditions) on that stay, sist,

5

suspension or postponement.

(5)   

If a condition relates to the behaviour of a person or persons occupying

the dwelling, section 130B(4) applies only if the order takes effect as a

result of a breach of that condition.

(6)   

Section 130B(4) does not apply if the condition (or, if there is more than

10

one, each of them) relates only to matters other than the behaviour of a

person or persons occupying the dwelling.

130D    

Loss of housing benefit: supplementary

(1)   

Regulations may provide that, where housing benefit has been paid

subject to the restriction set out in section 130B(4), in prescribed

15

circumstances—

(a)   

the former occupier must be paid some or all of the amount of

the benefit which, by virtue of that subsection, has not been

payable to him, and

(b)   

such other adjustments must be made as are prescribed.

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(2)   

The Secretary of State may by order vary the definition of relevant

order for possession by—

(a)   

adding to or removing from it orders of a specified description;

(b)   

specifying circumstances in which it includes orders of a

specified description.

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(3)   

Regulations may prescribe—

(a)   

matters which are, or are not, to be taken into account in

determining whether a person has, or does not have, good cause

for failing to take action specified in a warning notice or failing

to comply with a requirement such as is mentioned in section

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130B(3)(a);

(b)   

circumstances in which a person is, or is not, to be regarded as

having, or not having, such good cause.

(4)   

Expressions used in this section and in section 130B have the meaning

given in that section.

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130E    

Couples

(1)   

This section applies where at any time the conditions for entitlement to

housing benefit are satisfied with respect to a person who is a member

of a couple.

(2)   

Where paragraphs (a) and (b) of section 130B(1) are satisfied in relation

40

to both members of the couple (whether or not in respect of the same

dwelling), then for the purposes of subsection (2) or (3) of that section,

the failure by one member of the couple to comply with a warning

notice or with a requirement such as is mentioned in section 130B(3)(a)

must be treated also as a failure by his partner to comply with it.

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Welfare Reform Bill
Part 2 — Housing benefit and council tax benefit

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(3)   

Where paragraph (a) of section 130B(1) is not satisfied in relation to one

member of the couple, then subsection (4) of that section does not apply

to his partner (even if paragraphs (a), (b) and (c) of section 130B(1) are

satisfied in relation to the partner).

(4)   

References to a person’s partner are to the other member of the couple

5

concerned.

130F    

Information provision

(1)   

The Secretary of State may by regulations require—

(a)   

a court which makes a relevant order for possession, or

(b)   

any other person or description of person who the Secretary of

10

State thinks is or may be aware of the making of such an order,

   

to notify him of the making of the order and to provide him with such

details of matters in connection with the order as may be prescribed.

(2)   

The Secretary of State may provide—

(a)   

information obtained under subsection (1), or

15

(b)   

information which is relevant to the exercise by him of any

function relating to housing benefit,

   

to a relevant local authority, or a person authorised to exercise any

function of such an authority relating to services mentioned in section

130B(10), for use in the provision of such services.

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(3)   

The Secretary of State may by regulations require—

(a)   

a relevant local authority, or

(b)   

a person authorised to exercise any function of such an

authority relating to services mentioned in section 130B(10),

   

to supply relevant information held by the authority or other person to,

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or to a person providing services to, the Secretary of State for use for

any purpose relating to the administration of housing benefit.

(4)   

The Secretary of State may by regulations require—

(a)   

an authority administering housing benefit,

(b)   

a person authorised to exercise any function of such an

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authority relating to such a benefit,

(c)   

a relevant local authority, or

(d)   

a person authorised to exercise any function of such an

authority relating to services mentioned in section 130B(10),

   

to provide relevant information held by that authority or person to an

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authority or person mentioned in paragraph (a) or (b) for use for any

purpose relating to the administration of housing benefit.

(5)   

The Secretary of State may by regulations require—

(a)   

an authority administering housing benefit,

(b)   

a person authorised to exercise any function of such an

40

authority relating to such a benefit,

(c)   

a relevant local authority, or

(d)   

a person authorised to exercise any function of such an

authority relating to services mentioned in section 130B(10),

   

to provide relevant information held by that authority or person to an

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authority or person mentioned in paragraph (c) or (d) for use in the

provision of those services.

 
 

Welfare Reform Bill
Part 2 — Housing benefit and council tax benefit

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(6)   

Relevant information is—

(a)   

if the information is held by an authority administering housing

benefit or a person authorised to exercise any function of such

an authority, information which is relevant to the exercise of

any function relating to housing benefit by the authority or

5

person;

(b)   

if the information is held by a relevant local authority or a

person authorised to exercise any function of such an authority,

information which is relevant to the exercise of any function

relating to the provision of services mentioned in section

10

130B(10).

(7)   

Information must be supplied under subsection (1), (3), (4) or (5) in such

circumstances, in such manner and form, and in accordance with such

requirements, as may be prescribed.

(8)   

“Relevant order for possession” and “relevant local authority” have the

15

same meaning as in section 130B.

(9)   

Subsections (1) and (5) do not extend to Scotland.

130G    

Pilot schemes relating to loss of housing benefit

(1)   

Regulations to which this section applies may be made so as to have

effect for a prescribed period.

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(2)   

Any regulations which, by virtue of subsection (1), have effect for a

limited period are referred to in this section as a “pilot scheme”.

(3)   

A pilot scheme may provide that it applies only in relation to—

(a)   

one or more prescribed areas;

(b)   

one or more prescribed classes of person;

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(c)   

persons selected by reference to prescribed criteria.

(4)   

A pilot scheme may make consequential or transitional provision.

(5)   

A pilot scheme (“the previous scheme”) may be replaced by a further

pilot scheme making the same, or similar, provision (apart from the

prescribed period) to that made by the previous scheme.

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(6)   

A pilot scheme may be amended or revoked by regulations under this

section.

(7)   

This section applies to—

(a)   

regulations made under any of sections 130B to 130F above;

(b)   

regulations made under any other enactment, so far as they

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relate to, or are made for purposes which relate to, loss or

restriction of housing benefit in pursuance of section 130B

above.

(8)   

This section does not extend to Scotland.”

(2)   

In section 176(1) of that Act (parliamentary control)—

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(a)   

in paragraph (a), at the appropriate place insert—

   

“section 130B(4);”;

(b)   

in paragraph (c), at the appropriate place insert—

   

“section 130D(2);”.

 
 

 
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