Welfare Reform Bill

House of Commons

Session 2005 - 06
Internet Publications
Other Bills before Parliament

Welfare Reform Bill

Welfare Reform Bill
Part 2 — Housing benefit and council tax benefit
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29
Housing benefit and council tax benefit for persons taking up employment
(1)
Subsection (2) applies if a person is entitled to housing benefit or council tax
benefit (by virtue of the general conditions of entitlement) and—
(a)
he is also entitled to a prescribed benefit or his partner is entitled to
such a benefit,
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(b)
he or his partner ceases to be entitled to the prescribed benefit in
prescribed circumstances, and
(c)
the prescribed conditions are satisfied.
(2)
That person is entitled to housing benefit or council tax benefit in accordance
with this section for a prescribed period.
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(3)
Subsection (2) applies whether or not the person would be entitled to housing
benefit or council tax benefit by virtue of the general conditions of entitlement
for the whole or any part of the prescribed period.
(4)
A person who is entitled to housing benefit or council tax benefit by virtue of
subsection (2) must be treated for all purposes—
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(a)
as having made a claim for that benefit, and
(b)
as having complied with any requirement under or by virtue of any
enactment in connection with the making of such a claim.
(5)
Housing benefit or council tax benefit to which a person is entitled by virtue of
subsection (2) is to be funded and administered by the appropriate authority.
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(6)
Subsection (5) applies whether or not, for the whole or any part of the
prescribed period—
(a)
for the purposes of establishing an entitlement to housing benefit, the
person occupies as his home a dwelling in the area of the authority;
(b)
for the purposes of establishing an entitlement to council tax benefit,
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the person is a resident of a dwelling in the area of the authority.
(7)
The amount of housing benefit or council tax benefit payable in respect of a
person who is entitled to the benefit by virtue of subsection (2) is to be
determined in accordance with regulations made for the purposes of this
section.
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(8)
If an amount of housing benefit or council tax benefit is, by virtue of subsection
(2), payable in respect of a person by the appropriate authority for any period,
no other amount of housing benefit or council tax benefit is (by virtue of the
general conditions of entitlement) payable by that authority in respect of that
person for the same period.
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(9)
Regulations may make provision in connection with the effect of a person’s
entitlement to housing benefit or council tax benefit by virtue of subsection (2)
on an award of such benefit by virtue of the general conditions of entitlement
in respect of that person or his partner.
(10)
Regulations may provide that where—
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(a)
an amount of housing benefit or council tax benefit is, by virtue of
subsection (2), payable in respect of a person by the appropriate
authority for the whole or any part of a prescribed period, and
(b)
an amount of housing benefit or council tax benefit is (by virtue of the
general conditions of entitlement) payable by a local authority which is
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not that appropriate authority in respect of that person for the whole or
any part of that period,

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the amount of the benefit payable by the local authority mentioned in
paragraph (b) is to be reduced by an amount determined in such manner as is
prescribed.
(11)
An amount determined for the purposes of subsection (10) may have the effect
of reducing the amount mentioned in paragraph (b) of that subsection to nil.
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(12)
Regulations may make provision as to circumstances in which—
(a)
subsection (8) does not apply;
(b)
entitlement to housing benefit or council tax benefit of a partner of the
person mentioned in subsection (10) is to be treated as the entitlement
of that person;
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(c)
benefit is not to be reduced as mentioned in subsection (10).
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Section 29: supplemental
(1)
The administration provisions apply in relation to housing benefit or council
tax benefit to which a person is entitled by virtue of subsection (2) of section 29
subject to—
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(a)
subsections (4), (5) and (6) of that section;
(b)
any prescribed modifications of those provisions which the Secretary of
State thinks are necessary or expedient in connection with such housing
benefit or council tax benefit.
(2)
Modifications under subsection (1)(b) may, in particular, provide that housing
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benefit or council tax benefit to which a person is entitled by virtue of section
29(2) must or may take the form of a payment by the appropriate authority to
another local authority in prescribed circumstances.
(3)
In this section the administration provisions are—
(a)
the Administration Act;
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(b)
subordinate legislation (within the meaning of the Interpretation Act
1978 (c. 30)) made in pursuance of that Act.
(4)
The power to make regulations under this section or section 29 is exercisable
by the Secretary of State by statutory instrument.
(5)
A statutory instrument containing regulations under this section or section 29
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is subject to annulment in pursuance of a resolution of either House of
Parliament.
(6)
Section 175(3) to (7) of the Contributions and Benefits Act (supplemental
provision as to regulations) applies in relation to regulations under this section
and section 29 above as it applies in relation to regulations under that Act.
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(7)
In section 170 of the Administration Act (Social Security Advisory Committee),
in subsection (5)—
(a)
in the definition of “the relevant enactments”, after paragraph (ai)
insert—
“(aj)
sections 29 and 30 of the Welfare Reform Act
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2006;”;
(b)
in the definition of “the relevant Northern Ireland enactments”, after
paragraph (ai) insert—
“(aj)
any provisions in Northern Ireland which
correspond to sections 29 and 30 of the Welfare
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Reform Act 2006;”.

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(8)
For the purposes of any enactment other than a relevant enactment—
(a)
entitlement to housing benefit by virtue of section 29(2) above is to be
treated as entitlement under section 130 of the Contributions and
Benefits Act;
(b)
entitlement to council tax benefit by virtue of section 29(2) above is to
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be treated as entitlement under section 131 of that Act.
(9)
In subsection (8), the relevant enactments are—
(a)
the administration provisions, and
(b)
Part 7 of the Contributions and Benefits Act, except sections 123 and
134(2) and (4).
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Sections 29 and 30: interpretation
(1)
This section has effect for the interpretation of sections 29 and 30.
(2)
The general conditions of entitlement are the conditions governing entitlement
to housing benefit or council tax benefit provided for by Part 7 of the
Contributions and Benefits Act.
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(3)
The appropriate authority—
(a)
in relation to housing benefit is the local authority or housing authority
which, immediately before the person concerned ceased to be entitled
to the prescribed benefit, funded and administered the housing benefit
to which he was entitled;
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(b)
in relation to council tax benefit is the billing authority or, in Scotland,
local authority which, immediately before the person concerned ceased
to be entitled to the prescribed benefit, funded and administered the
council tax benefit to which he was entitled.
(4)
The following expressions have the same meaning as in the Administration
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Act—
(a)
billing authority;
(b)
housing authority;
(c)
local authority.
(5)
Partner, in relation to a person, is a person who is a member of the same couple
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(within the meaning of Part 7 of the Contributions and Benefits Act) as that
person.
(6)
Prescribed means prescribed by regulations.
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Information relating to housing benefit
(1)
Section 5 of the Administration Act (regulations about claims and benefits) is
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amended as follows.
(2)
After subsection (2) insert—
“(2A)
The regulations may also require such persons as are prescribed to
provide a rent officer with information or evidence of such description
as is prescribed.
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(2B)
For the purposes of subsection (2A), the Secretary of State may
prescribe any description of information or evidence which he thinks is

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necessary or expedient to enable rent officers to carry out their
functions under section 122 of the Housing Act 1996.
(2C)
Information or evidence required to be provided by virtue of
subsection (2A) may relate to an individual claim or award or to any
description of claims or awards.”
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(3)
Subsection (3) ceases to have effect.
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Supply of information by rent officers
After section 122E of the Administration Act (supply of information between
authorities administering benefit) insert—
“Rent officers and housing benefit
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122F
Supply by rent officers of information relating to housing benefit
(1)
The Secretary of State may require a rent officer to supply housing
benefit information held by the rent officer to, or to a person providing
services to, the Secretary of State for use for purposes relating to any of
the following—
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(a)
social security;
(b)
child support;
(c)
war pensions;
(d)
employment or training;
(e)
private pensions policy or retirement planning.
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(2)
Information must be supplied under subsection (1) in such manner and
form, and in accordance with such requirements, as may be specified in
directions given by the Secretary of State.
(3)
Housing benefit information is any information which relates to the
exercise by the rent officer of any function he has under section 122 of
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the Housing Act 1996 relating to housing benefit.”
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Payment of housing benefit
In section 134 of the Administration Act (arrangements for housing benefit), for
subsection (2) substitute—
“(2)
Housing benefit is to be paid in such manner as is prescribed, and
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regulations may, in particular, provide for—
(a)
a payment or payments by the authority administering the
benefit to the person entitled to it (E), to some other person on
E’s behalf or in respect of a liability which E has,
(b)
a reduction in the amount of any payments which E is liable to
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make to the authority by way of rent, or
(c)
such a payment or payments and such a reduction.
(2A)
In any enactment or instrument (whenever passed or made) “pay” in
relation to housing benefit includes discharge in any manner
prescribed under subsection (2) above.
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(2B)
Subsection (2) above does not affect any power under section 5 above
to make provision in relation to the payment of benefit.”