Citation and interpretation

1. —(1) This Order may be cited as the Welfare Reform Act 2007 (Commencement No.4, and Savings and Transitional Provisions) Order 2007.

(2) In this Order—

“the Act” means the Welfare Reform Act 2007;

“the Administration Act” means the Social Security Administration Act 1992( 2 );

“the Contributions and Benefits Act” means the Social Security Contributions and Benefits Act 1992( 3 );

“the Consequential Provisions Regulations” means the Housing Benefit and Council Tax Benefit (Consequential Provisions) Regulations 2006( 4 );

“the Housing Act” means the Housing Act 1996( 5 );

“the Housing Benefit (State Pension Credit) Regulations” means the Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 2006( 6 );

“the Regulations” means the Housing Benefit Regulations 2006( 7 ).

Appointed days

2. —(1) 7th April 2008 is the appointed day for the coming into force of—

(a) section 30(1) of the Act (local housing allowance);

(b) section 35(3) of the Act (information relating to housing benefit);

(c) Schedule 8 to the Act (repeals), in so far as it relates to the repeal of—

(i) section 130(4) of the Contributions and Benefits Act (housing benefit);

(ii) section 5(3) of the Administration Act (power to make regulations about information or evidence required by rent officer)( 8 );

(iii) section 122(3) of the Housing Act (functions of rent officers in connection with housing benefit and rent allowance subsidy);

(iv) in section 122(5)(b) of the Housing Act, the words “or regulations”; and

(v) paragraph 3(2) of Schedule 13 to the Housing Act (housing benefit and related matters: consequential amendments);

and section 67 of the Act (repeals) in so far as it relates to those repeals; and

(d) paragraph 12 of Schedule 5 to the Act (minor and consequential amendments relating to Part 2) so far as it relates to the amendment of section 122(5) of the Housing Act and section 40 of the Act in so far as it relates to that consequential amendment.

(2) For the purpose only of conferring power to make regulations 1st October 2007 is the appointed day for the coming into force of—

(a) section 30(2) of the Act (insertion of section 130A (appropriate maximum housing benefit) into the Contributions and Benefits Act);

(b) section 30(3) of the Act (amendment of paragraph 4 of Schedule 7 to the Child Support, Pensions and Social Security Act 2000(housing benefit and council tax benefit: revisions and appeals)( 9 ); and

(c) section 35(1) and (2) of the Act.

(3) For all other purposes 7th April 2008 is the appointed day for the coming into force of the provisions specified in paragraph (2).

(4) This article is subject to the savings and transitional provisions in articles 3 to 5.

Transitional provisions and savings in relation to section 130(4) of the Contributions and Benefits Act and section 122(3) and (5) of the Housing Act

3. —(1) Notwithstanding article 2 and subject to article 4—

(a) section 130(4) of the Contributions and Benefits Act and section 122(3) and (5) of the Housing Act shall continue to have effect as they were in force immediately before 7th April 2008 so far as is required for the purpose of conferring power to amend or revoke the regulations referred to in paragraph (2), until 7th April 2009; and

(b) any regulations made under any of the provisions referred to in sub-paragraph (a) shall continue to have effect in relation to the period ending on the date specified in paragraph (3), (4), (5) or (6) except for paragraphs 11 and 12 of Schedule 2 to the Consequential Provisions Regulations.

(2) The regulations are—

(a) the Regulations;

(b) the Housing Benefit (State Pension Credit) Regulations; and

(c) the Consequential Provisions Regulations.

(3) In relation to a case in which reference was made to a maximum rent (standard local rate) in determining the eligible rent which applied immediately before 7th April 2008, the date is 7th April 2008.

(4) In relation to a case where—

(a) either—

(i) a claim for housing benefit is made, delivered or received on or after 7th April 2008 but the date the claim is made or is treated as being made is a date before 7th April 2008 by virtue of regulations 83, 83A, 84 or 85 of the Regulations or regulations 64, 64A, 65 or 66 of the Housing Benefit (State Pension Credit) Regulations; or

(ii) a claim was made or was treated as made before 7th April 2008 but the decision on the claim was not made by that date; and

(b) reference to a maximum rent (standard local rate) would have been made in determining the eligible rent which applied immediately before 7th April 2008 had the decision on the claim been made before that date,

the date is 7th April 2008.

(5) In relation to a non-local housing allowance case the date is the relevant date for that case.

(6) In relation to a case where—

(a) either—

(i) a claim for housing benefit is made, delivered or received on or after the 7th April 2008 but the date the claim is made or is treated as being made is a date before that date by virtue of regulations 83, 83A, 84 or 85 of the Regulations or regulations 64, 64A, 65 or 66 of the Housing Benefit (State Pension Credit) Regulations; or

(ii) a claim was made or was treated as made before 7th April 2008 but the decision on the claim was not made by that date; and

(b) the case would have been a non-local housing allowance case had the decision on the claim been made before 7th April 2008,

the date is the relevant date for that case.

(7) In this article—

“eligible rent” shall be construed, except in the definition of “the relevant date”, in accordance with—

“maximum rent (standard local rate)” means a maximum rent (standard local rate) determined in accordance with regulation 13A of the Regulations or the Housing Benefit (State Pension Credit) Regulations as in force immediately before 7th April 2008;

“non-local housing allowance case” means a case where no reference was made to a maximum rent (standard local rate) in determining the amount of the eligible rent which applied immediately before 7th April 2008;

“the relevant date” means, in relation to a non-local housing allowance case—

“relevant authority” means an authority administering housing benefit.

Transitional provisions and savings in relation to section 130(4) of the Contributions and Benefits Act and extended payments

4. —(1) Notwithstanding article 2, regulations 72 and 73 of, and Schedules 7 and 8 to, the Regulations, and regulation 53 of, and Schedule 7 to, the Housing Benefit (State Pension Credit) Regulations shall continue to have effect in relation to the period ending on 6th October 2008 or such later date as is provided by paragraphs (2) or (3).

(2) Where an extended payment award is determined before 6th October 2008 and the extended payment period will end after that date, the date shall be the end of that extended payment period.

(3) Where a claim for an extended payment is made or treated as made on a date before 6th October 2008 but the extended payment award was not determined by that date, the date shall be the end of that extended payment period.

(4) In this Article—

“extended payment” means a payment of housing benefit pursuant to—

where the date on which the claimant ceased to be entitled to housing benefit in accordance with regulation 77 or 78 of the Regulations or regulation 58 of the Housing Benefit (State Pension Credit) Regulations was before 6th October 2008; and

“extended payment period” means the period during which a person is entitled to housing benefit in accordance with regulation 72(6) or 73(6) of the Regulations or regulation 53(6) of the Housing Benefit (State Pension Credit) Regulations.

Transitional provisions and savings in relation to section 5(3) of the Administration Act

5. Notwithstanding article 2, any regulations made under both section 5(1)(h) and 5(3) of the Administration Act shall continue to have effect for all purposes relating to the furnishing of information or evidence required by a rent officer under section 122 of the Housing Act 1996 in relation to a claim for or an award of housing benefit which relates to any period before 7th April 2008.