Statutory Instruments
2013 No. 546
Social Security
The Benefit Cap (Housing Benefit) (Amendment) Regulations 2013
Made
8th March 2013
Laid before Parliament
12th March 2013
Coming into force
15th April 2013
The Secretary of State for Work and Pensions makes the following Regulations in exercise of the powers conferred by sections 96(1), (4)(a) and (c) and (10) and 97(1) of the Welfare Reform Act 2012( 1 ).
In accordance with section 176(1) of the Social Security Administration Act 1992( 2 ), the Secretary of State has consulted with organisations appearing to him to be representative of the authorities concerned.
Citation and commencement
1. These Regulations may be cited as the Benefit Cap (Housing Benefit) (Amendment) Regulations 2013 and come into force on 15th April 2013.
Amendment of the Benefit Cap (Housing Benefit) Regulations 2012
2. —(1)The Benefit Cap (Housing Benefit) Regulations 2012( 3 ) are amended as follows.
(2) In regulation 2(5), insofar as it inserts regulation 75C of the Housing Benefit Regulations 2006( 4 ) (manner of calculating the amount of welfare benefits), for paragraph (2) substitute—
“ (2) Where the welfare benefit is housing benefit, the relevant authority—
(a) where the dwelling is exempt accommodation within the meaning paragraph 4(10) of Schedule 3 to the Consequential Provisions Regulations, must use the amount of nil; and
(b) in any other case, must not take account of any reduction under regulation 75D and must use the amount to which the claimant would be entitled by virtue of section 130 of the Act. ” .
(3) In regulation 2(5), insofar as it inserts regulation 75F(1) of the Housing Benefit Regulations 2006(exception to the benefit cap: receipt of specified benefit), after sub-paragraph (f) add—
“ (g) the claimant is receiving universal credit. ” .
Signed by authority of the Secretary of State for Work and Pensions
Freud
Parliamentary Under-Secretary of State,
Department for Work and Pensions
8th March 2013
2012 c.5 . Section 96(10) is cited for the meaning of “prescribed”.
1992 c.5 . Section 176(1) is amended by Schedule 9, paragraph 23 to the Local Government Finance Act 1992 (c.14) , Schedule 13, paragraph 3(4) to the Housing Act 1996 (c.52) and section 69(6) of the Child Support, Pensions and Social Security Act 2000.