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26 | Transition relating to Part 1 |
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Schedule 4 (which makes provision with respect to transition in relation to this |
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Housing benefit and council tax benefit |
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27 | Local housing allowance |
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(1) | In section 130 of the Contributions and Benefits Act (housing benefit) |
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subsection (4) ceases to have effect. |
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(2) | After that section insert— |
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“130A | Appropriate maximum housing benefit |
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(1) | For the purposes of section 130 above, the appropriate maximum |
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housing benefit (in this section referred to as “the AMHB”) is |
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determined in accordance with this section. |
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(2) | Regulations must prescribe the manner in which the AMHB is to be |
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(3) | The regulations may provide for the AMHB to be ascertained in the |
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prescribed manner by reference to rent officer determinations. |
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(4) | The regulations may require an authority administering housing |
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benefit in any prescribed case— |
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(a) | to apply for a rent officer determination, and |
| 20 |
(b) | to do so within such time as may be specified in the regulations. |
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(5) | The regulations may make provision as to the circumstances in which, |
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for the purpose of determining the AMHB, the amount of the liability |
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mentioned in section 130(1)(a) above must be taken to be the amount of |
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a rent officer determination instead of the actual amount of that |
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(6) | Regulations under subsection (5) may also make provision for the |
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liability of a person who, by virtue of regulations under section 137(2)(j) |
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below, is treated as having a liability mentioned in section 130(1)(a) |
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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 |
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in the exercise of functions under section 122 of the Housing Act 1996.” |
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(3) | In Schedule 7 to the Child Support, Pensions and Social Security Act 2000 |
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(c. 19) (housing benefit and council tax benefit: revisions and appeals), in |
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(a) | in sub-paragraph (1) for “sub-paragraph (4)” substitute “sub- |
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paragraphs (4) and (4A)”; |
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(b) | after sub-paragraph (4) insert— |
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“(4A) | Regulations may prescribe the cases and circumstances in |
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which, and the procedure by which, a decision relating to |
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housing benefit must be made by the appropriate relevant |
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|
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|
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28 | Loss of housing benefit following eviction for anti-social behaviour, etc. |
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(1) | After section 130A of the Contributions and Benefits Act (inserted by section |
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“130B | Loss of housing benefit following eviction on certain grounds |
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(1) | If the following conditions are satisfied, then housing benefit is payable |
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in the case of a person (“the former occupier”) subject to subsection |
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(a) | a court makes a relevant order for possession of a dwelling |
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occupied by him as his home; |
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(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; |
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(d) | the conditions for entitlement to housing benefit are or become |
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satisfied with respect to him. |
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(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 |
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a relevant local authority in England and Wales after he has ceased to |
| |
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(3) | The condition in this subsection is that— |
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(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 |
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specified action with the aim mentioned in subsection (10), |
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(b) | the former occupier was warned by the relevant local authority |
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that if he failed to comply with the requirement the amount of |
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housing benefit payable to him would be affected, |
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(c) | the former occupier fails, without good cause, to comply with |
| |
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(d) | the relevant local authority recommends that housing benefit be |
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payable to the former occupier subject to subsection (4). |
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(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— |
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(a) | the rate of the benefit is reduced in such a manner as may be |
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(b) | the benefit is payable only if the circumstances are such as may |
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(5) | The restriction period begins with the earliest date on which the |
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conditions set out in subsections (1) to (3) are satisfied. |
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(6) | That period stops running if the relevant local authority considers that |
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the restriction set out in subsection (4) should no longer apply (whether |
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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— |
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(a) | in England and Wales, the former occupier fails to comply with |
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a further warning notice served on him; |
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(b) | in Scotland, the condition in subsection (7) is satisfied. |
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(7) | The condition is that— |
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(a) | the former occupier fails to comply with a further requirement |
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such as is mentioned in paragraph (a) of subsection (3), having |
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|
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|
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|
been warned as mentioned in paragraph (b) of that subsection, |
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(b) | the relevant local authority recommends that the restriction |
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period starts running again. |
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(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 |
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(9) | A former occupier may not be subject to more than one restriction |
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period in respect of one order for possession. |
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(10) | A relevant local authority is— |
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(a) | in England and Wales, a local authority within the meaning of |
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section 1 of the Local Government Act 2000, or |
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(b) | in Scotland, a council constituted under section 2 of the Local |
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Government etc. (Scotland) Act 1994, |
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| 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 |
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or has led to the making of a relevant order for possession. |
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(11) | A warning notice is a notice in the prescribed form— |
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(a) | requiring the former occupier to take specified action with the |
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aim mentioned in subsection (10), |
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(b) | specifying the time when, or within which, that action must be |
| |
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(c) | warning the former occupier that if he fails to take the action the |
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amount of housing benefit payable to him would be affected. |
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130C | Relevant orders for possession |
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(1) | In section 130B a relevant order for possession is, in England and |
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(a) | an order made under section 84 of the Housing Act 1985 (secure |
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tenancies) on ground 2 set out in Schedule 2 to that Act; |
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(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; |
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(c) | an order made under section 98 of the Rent Act 1977 (protected |
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or statutory tenancies) in the circumstances specified in case 2 |
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in Schedule 15 to that Act. |
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(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) |
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Act 2001 (secure tenancies) on one of the grounds set out in |
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paragraphs 2 and 7 in Part 1 of Schedule 2 to that Act; |
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(b) | an order made in accordance with section 18 of the Housing |
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(Scotland) Act 1988 (assured tenancies) on Ground 15 in Part 2 |
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of Schedule 5 to that Act; |
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(c) | an order made in accordance with section 11 of the Rent |
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(Scotland) Act 1984 (protected or statutory tenancies) in the |
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circumstances specified in Case 2 in Part 1 of Schedule 2 to that |
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(3) | For the purposes of subsections (1) and (2) it does not matter whether |
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the order is made on the grounds or in the circumstances there |
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mentioned alone or together with other grounds or circumstances. |
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|
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|
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|
(4) | Subsections (5) and (6) apply if the court— |
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(a) | stays (in Scotland, sists) or suspends the execution of a relevant |
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order for possession, or postpones the date of possession under |
| |
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(b) | imposes a condition (or conditions) on that stay, sist, |
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suspension or postponement. |
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(5) | If a condition relates to the behaviour of a person or persons occupying |
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the dwelling, section 130B(4) applies only if the order takes effect as a |
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result of a breach of that condition. |
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(6) | Section 130B(4) does not apply if the condition (or, if there is more than |
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one, each of them) relates only to matters other than the behaviour of a |
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person or persons occupying the dwelling. |
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130D | Loss of housing benefit: supplementary |
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(1) | Regulations may provide that, where housing benefit has been paid |
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subject to the restriction set out in section 130B(4), in prescribed |
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(a) | the former occupier must be paid some or all of the amount of |
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the benefit which, by virtue of that subsection, has not been |
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(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 |
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(a) | adding to or removing from it orders of a specified description; |
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(b) | specifying circumstances in which it includes orders of a |
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(3) | Regulations may prescribe— |
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(a) | matters which are, or are not, to be taken into account in |
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determining whether a person has, or does not have, good cause |
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for failing to take action specified in a warning notice or failing |
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to comply with a requirement such as is mentioned in section |
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(b) | circumstances in which a person is, or is not, to be regarded as |
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having, or not having, such good cause. |
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(4) | Expressions used in this section and in section 130B have the meaning |
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(1) | This section applies where at any time the conditions for entitlement to |
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housing benefit are satisfied with respect to a person who is a member |
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(2) | Where paragraphs (a) and (b) of section 130B(1) are satisfied in relation |
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to both members of the couple (whether or not in respect of the same |
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dwelling), then for the purposes of subsection (2) or (3) of that section, |
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the failure by one member of the couple to comply with a warning |
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notice or with a requirement such as is mentioned in section 130B(3)(a) |
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must be treated also as a failure by his partner to comply with it. |
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|
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|
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|
(3) | Where paragraph (a) of section 130B(1) is not satisfied in relation to one |
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member of the couple, then subsection (4) of that section does not apply |
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to his partner (even if paragraphs (a), (b) and (c) of section 130B(1) are |
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satisfied in relation to the partner). |
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(4) | References to a person’s partner are to the other member of the couple |
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130F | Information provision |
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(1) | The Secretary of State may by regulations require— |
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(a) | a court which makes a relevant order for possession, or |
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(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 |
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details of matters in connection with the order as may be prescribed. |
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(2) | The Secretary of State may provide— |
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(a) | information obtained under subsection (1), or |
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(b) | information which is relevant to the exercise by him of any |
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function relating to housing benefit, |
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| to a relevant local authority, or a person authorised to exercise any |
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function of such an authority relating to services mentioned in section |
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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 |
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(b) | a person authorised to exercise any function of such an |
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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. |
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(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. |
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|
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|
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|
(6) | Relevant information is— |
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(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 |
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(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 |
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(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; |
| 25 |
(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. |
| 30 |
(6) | A pilot scheme may be amended or revoked by regulations under this |
| |
| |
(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 |
| 35 |
relate to, or are made for purposes which relate to, loss or |
| |
restriction of housing benefit in pursuance of section 130B |
| |
| |
(8) | This section does not extend to Scotland.” |
| |
(2) | In section 176(1) of that Act (parliamentary control)— |
| 40 |
(a) | in paragraph (a), at the appropriate place insert— |
| |
| |
(b) | in paragraph (c), at the appropriate place insert— |
| |
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|
| |
|