Welfare Reform Bill

House of Commons

Session 2006 - 07
Internet Publications
Other Bills before Parliament

Welfare Reform Bill

Welfare Reform Bill
Part 2 — Housing benefit and council tax benefit
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(7)
The condition is that—
(a)
the former occupier fails to comply with a further requirement
such as is mentioned in paragraph (a) of subsection (3), having
been warned as mentioned in paragraph (b) of that subsection,
and
5
(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
than five years after the date on which the order for possession was
made.
10
(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—
(a)
in England and Wales, a local authority within the meaning of
section 1 of the Local Government Act 2000, or
15
(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
aim of ending, or preventing repetition of, the conduct which may lead
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—
(a)
requiring the former occupier to take specified action with the
aim mentioned in subsection (10),
(b)
specifying the time when, or within which, that action must be
taken, and
25
(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
(1)
In section 130B a relevant order for possession is, in England and
Wales—
30
(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
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
35
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—
(a)
an order made under section 16(2) of the Housing (Scotland)
Act 2001 (secure tenancies) on one of the grounds set out in
40
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
of Schedule 5 to that Act;
(c)
an order made in accordance with section 11 of the Rent
45
(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.
(4)
Subsections (5) and (6) apply if the court—
(a)
stays (in Scotland, sists) or suspends the execution of a relevant
5
order for possession, or postpones the date of possession under
it, and
(b)
imposes a condition (or conditions) on that stay, sist,
suspension or postponement.
(5)
If a condition relates to the behaviour of a person or persons occupying
10
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
one, each of them) relates only to matters other than the behaviour of a
person or persons occupying the dwelling.
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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
circumstances—
(a)
the former occupier must be paid some or all of the amount of
20
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.
(2)
The Secretary of State may by order vary the definition of relevant
order for possession by—
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(a)
adding to or removing from it orders of a specified description;
(b)
specifying circumstances in which it includes orders of a
specified description.
(3)
Regulations may prescribe—
(a)
matters which are, or are not, to be taken into account in
30
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
130B(3)(a);
(b)
circumstances in which a person is, or is not, to be regarded as
35
having, or not having, such good cause.
(4)
Expressions used in this section and in section 130B have the meaning
given in that section.
130E
Couples
(1)
This section applies where at any time the conditions for entitlement to
40
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
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,
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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)
must be treated also as a failure by his partner to comply with it.
(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
5
satisfied in relation to the partner).
(4)
References to a person’s partner are to the other member of the couple
concerned.
130F
Information provision
(1)
The Secretary of State may by regulations require—
10
(a)
a court which makes a relevant order for possession, or
(b)
any other person or description of person who the Secretary of
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.
15
(2)
The Secretary of State may provide—
(a)
information obtained under subsection (1), or
(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
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function of such an authority relating to services mentioned in section
130B(10), for use in the provision of such services.
(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
25
authority relating to services mentioned in section 130B(10),

to supply relevant information held by the authority or other person to,
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—
30
(a)
an authority administering housing benefit,
(b)
a person authorised to exercise any function of such an
authority relating to such a benefit,
(c)
a relevant local authority, or
(d)
a person authorised to exercise any function of such an
35
authority relating to services mentioned in section 130B(10),

to provide relevant information held by that authority or person to an
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—
40
(a)
an authority administering housing benefit,
(b)
a person authorised to exercise any function of such an
authority relating to such a benefit,
(c)
a relevant local authority, or
(d)
a person authorised to exercise any function of such an
45
authority relating to services mentioned in section 130B(10),

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to provide relevant information held by that authority or person to an
authority or person mentioned in paragraph (c) or (d) for use in the
provision of those services.
(6)
Relevant information is—
(a)
if the information is held by an authority administering housing
5
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
person;
(b)
if the information is held by a relevant local authority or a
10
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
130B(10).
(7)
Information must be supplied under subsection (1), (3), (4) or (5) in such
15
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
same meaning as in section 130B.
(9)
Subsections (1) and (5) do not extend to Scotland.
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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.
(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”.
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(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;
(c)
persons selected by reference to prescribed criteria.
(4)
A pilot scheme may make consequential or transitional provision.
30
(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.
(6)
A pilot scheme may be amended or revoked by regulations under this
section.
35
(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
relate to, or are made for purposes which relate to, loss or
restriction of housing benefit in pursuance of section 130B
40
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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Housing benefit and council tax benefit for persons taking up employment
5
(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,
(b)
he or his partner ceases to be entitled to the prescribed benefit in
10
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.
(3)
Subsection (2) applies whether or not the person would be entitled to housing
15
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—
(a)
as having made a claim for that benefit, and
20
(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.
(6)
Subsection (5) applies whether or not, for the whole or any part of the
25
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,
the person is a resident of a dwelling in the area of the authority.
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(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.
(8)
If an amount of housing benefit or council tax benefit is, by virtue of subsection
35
(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.
(9)
Regulations may make provision in connection with the effect of a person’s
40
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
5
not that appropriate authority in respect of that person for the whole or
any part of that period,

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.
10
(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.
(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
15
person mentioned in subsection (10) is to be treated as the entitlement
of that person;
(c)
benefit is not to be reduced as mentioned in subsection (10).
(13)
For the purposes of subsection (1) a person must be treated as entitled to
housing benefit or council tax benefit by virtue of the general conditions of
20
entitlement if—
(a)
he is not so entitled to that benefit at the time he or his partner ceases to
be entitled to the prescribed benefit as mentioned in subsection (1)(b),
and
(b)
his entitlement to housing benefit or council tax benefit (as the case may
25
be) ceased during the prescribed period before that time.
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Section 31: 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 31
subject to—
30
(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
35
benefit or council tax benefit to which a person is entitled by virtue of section
31(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;
40
(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 31 is exercisable
by the Secretary of State by statutory instrument.

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(5)
A statutory instrument containing regulations under this section or section 31
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
5
and section 31 above as it applies in relation to regulations under that Act.
(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—
10
“(aj)
sections 31 and 32 of the Welfare Reform Act
2007;”;
(b)
in the definition of “the relevant Northern Ireland enactments”, after
paragraph (ai) insert—
“(aj)
any provisions in Northern Ireland which
15
correspond to sections 31 and 32 of the Welfare
Reform Act 2007;”.
(8)
For the purposes of any enactment other than a relevant enactment—
(a)
entitlement to housing benefit by virtue of section 31(2) above is to be
treated as entitlement under section 130 of the Contributions and
20
Benefits Act;
(b)
entitlement to council tax benefit by virtue of section 31(2) above is to
be treated as entitlement under section 131 of that Act.
(9)
In subsection (8), the relevant enactments are—
(a)
the administration provisions, and
25
(b)
Part 7 of the Contributions and Benefits Act, except sections 123 and
134(2) and (4).
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Sections 31 and 32: interpretation
(1)
This section has effect for the interpretation of sections 31 and 32.
(2)
The general conditions of entitlement are the conditions governing entitlement
30
to housing benefit or council tax benefit provided for by Part 7 of the
Contributions and Benefits Act.
(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
35
to the prescribed benefit, funded and administered the housing benefit
to which he was entitled;
(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
40
council tax benefit to which he was entitled.
(4)
The following expressions have the same meaning as in the Administration
Act—
(a)
billing authority;
(b)
housing authority;
45
(c)
local authority.