text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Housing Benefit and Council Tax Benefit (Extended Payments) Amendment Regulations 2008 and shall come into force on 6th October 2008.
2
In these Regulations —
“the Council Tax Benefit Regulations ” means the Council Tax Benefit Regulations 2006 ;
“the Council Tax Benefit (State Pension Credit) Regulations ” means the Council Tax Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 2006 ;
“the Housing Benefit Regulations ” means the Housing Benefit Regulations 2006 ;
“the Housing Benefit (State Pension Credit) Regulations ” means the Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 2006 .
Amendments to the Housing Benefit Regulations relating to extended payments
2
1
The Housing Benefit Regulations shall be amended as follows.
2
For regulation 72 (extended payments) substitute —
Extended Payments
72
1
A claimant who is entitled to housing benefit (by virtue of the general conditions of entitlement) shall be entitled to an extended payment where —
a
the claimant or the claimant’s partner was entitled to a qualifying income-related benefit;
b
entitlement to a qualifying income-related benefit ceased because the claimant or the claimant’s partner —
i
commenced employment as an employed or self-employed earner;
ii
increased their earnings from such employment; or
iii
increased the number of hours worked in such employment,
and that employment is or, as the case may be, increased earnings or increased number of hours are expected to last five weeks or more; and
c
the claimant or the claimant’s partner had been entitled to and in receipt of a qualifying income-related benefit, jobseeker’s allowance or a combination of those benefits for a continuous period of at least 26 weeks before the day on which the entitlement to a qualifying income-related benefit ceased.
2
For the purpose of paragraph (1)(c), a claimant or a claimant’s partner is to be treated as having been entitled to and in receipt of a qualifying income-related benefit or jobseeker’s allowance during any period of less than five weeks in respect of which the claimant or the claimant’s partner was not entitled to any of those benefits because the claimant or the claimant’s partner was engaged in remunerative work as a consequence of their participation in an employment zone programme.
3
For the purpose of this regulation, where a claimant or a claimant’s partner is entitled to and in receipt of joint-claim jobseeker’s allowance they shall be treated as being entitled to and in receipt of jobseeker’s allowance.
4
A claimant must be treated as entitled to housing benefit by virtue of the general conditions of entitlement where —
a
the claimant ceased to be entitled to housing benefit because the claimant vacated the dwelling occupied as the claimant’s home;
b
the day on which the claimant vacated the dwelling was either in the week in which entitlement to a qualifying income-related benefit ceased, or in the preceding week; and
c
entitlement to the qualifying income-related benefit ceased in any of the circumstances listed in paragraph (1)(b).
5
This regulation shall not apply where, on the day before a claimant’s entitlement to income support ceased, regulation 6(5) of the Income Support Regulations (remunerative work: housing costs) applied to that claimant.
Duration of extended payment period
72A
1
Where a claimant is entitled to an extended payment, the extended payment period starts on the first day of the benefit week immediately following the benefit week in which the claimant, or the claimant’s partner, ceased to be entitled to a qualifying income-related benefit.
2
For the purpose of paragraph (1), a claimant or a claimant’s partner ceases to be entitled to a qualifying income-related benefit on the day immediately following the last day of entitlement to that benefit.
3
The extended payment period ends —
a
at the end of a period of four weeks; or
b
on the date on which the claimant to whom the extended payment is payable has no liability for rent, if that occurs first.
Amount of extended payment
72B
1
For any week during the extended payment period the amount of the extended payment payable to a claimant shall be the higher of —
a
the amount of housing benefit to which the claimant was entitled under the general conditions of entitlement in the last benefit week before the claimant or the claimant’s partner ceased to be entitled to a qualifying income-related benefit;
b
the amount of housing benefit to which the claimant would be entitled under the general conditions of entitlement for any benefit week during the extended payment period, if regulation 72 (extended payments) did not apply to the claimant; or
c
the amount of housing benefit to which the claimant’s partner would be entitled under the general conditions of entitlement, if regulation 72 did not apply to the claimant.
2
Paragraph (1) is subject to paragraphs (3) to (6) and does not apply in the case of a mover.
3
Where the last benefit week referred to in paragraph (1)(a) fell, in whole or in part, within a rent free period, the last benefit week for the purposes of that paragraph is the last benefit week that did not fall within the rent free period.
4
Where —
a
a claimant is entitled to an extended payment by virtue of regulation 72(4) (early vacation of dwelling); and
b
the last benefit week before the claimant ceased to be entitled to a qualifying income-related benefit was a week in which the claimant’s eligible rent was calculated in accordance with regulation 80(3)(c) (calculation of rent for a partial week),
the last benefit week for the purpose of calculating the amount of the extended payment under paragraph (1)(a) shall be the benefit week before the partial week.
5
Where —
a
a claimant was treated as occupying two dwellings as the claimant’s home under regulation 7(6) (liability to make payments in respect of two homes) at the time when the claimant’s entitlement to a qualifying income-related benefit ceased; and
b
the claimant’s liability to pay rent for either of those dwellings ceases during the extended payment period,
the amount of the extended payment for any week shall be reduced by a sum equivalent to the housing benefit which was payable in respect of that dwelling.
6
No extended payment is payable for any rent free period as defined in regulation 81(1) (rent free periods).
7
Where a claimant is in receipt of an extended payment under this regulation and the claimant’s partner makes a claim for housing benefit, no amount of housing benefit shall be payable by the appropriate authority during the extended payment period.
Extended payments – movers
72C
1
This regulation applies —
a
to a mover; and
b
from the Monday following the day of the move.
2
The amount of the extended payment payable from the Monday from which this regulation applies until the end of the extended payment period shall be the amount of housing benefit which was payable to the mover for the last benefit week before the mover, or the mover’s partner, ceased to be entitled to a qualifying income-related benefit.
3
Where a mover’s liability to make payments for the new dwelling is to the second authority, the extended payment may take the form of a payment from the appropriate authority to —
a
the second authority; or
b
the mover directly.
4
Where —
a
a mover, or the mover’s partner, makes a claim for housing benefit to the second authority after the mover, or the mover’s partner, ceased to be entitled to a qualifying income-related benefit; and
b
the mover, or the mover’s partner, is in receipt of an extended payment from the appropriate authority,
the second authority shall reduce the weekly amount of housing benefit that the mover, or the mover’s partner, is entitled to by a sum equal to the amount of the extended payment until the end of the extended payment period.
5
The reduction of housing benefit made by the second authority under paragraph (4) is subject to any entitlement the claimant may have pursuant to regulation 7(6) (liability to make payments in respect of two homes).
6
Where the last benefit week referred to in paragraph (2) fell, in whole or in part, within a rent free period, the last benefit week for the purposes of that paragraph is the last benefit week that did not fall within the rent free period.
7
No extended payment is payable for any rent free period as defined in regulation 81(1) (rent free periods).
Relationship between extended payment and entitlement to housing benefit under the general conditions of entitlement
72D
1
Where a claimant’s housing benefit award would have ended when the claimant ceased to be entitled to a qualifying income-related benefit in the circumstances listed in regulation 72(1)(b), that award will not cease until the end of the extended payment period.
2
Part 9 (calculation of weekly amounts and changes of circumstances) shall not apply to any extended payment payable in accordance with regulation 72B(1)(a) or 72C(2) (amount of extended payment – movers).
.
3
For regulation 115 (information to be supplied by an authority to another authority) substitute —
Information to be supplied by an authority to another authority
115
1
This regulation applies for the purposes of section 128A of the Administration Act (duty of an authority to disclose information to another authority).
2
Information is to be disclosed by one authority to another where —
a
there is a mover who is or was in receipt of housing benefit from Authority “A”;
b
either the mover’s new dwelling is within the area of another Authority “B” or the mover is liable or treated as liable to make payments in respect of the new dwelling to housing authority B; and
c
the mover is entitled to an extended payment in accordance with regulation 72.
3
Authority A shall disclose to Authority B —
a
the amount of the extended payment calculated in accordance with regulation 72C(2) (amount of extended payment – movers);
b
the date that entitlement to the extended payment will commence or has commenced;
c
the date that entitlement to the extended payment ceased or will cease;
d
the date of the move from Authority A to Authority B;
e
where the extended payment will be paid by Authority A to Authority B in accordance with regulation 72C(3)(a) (payment of extended payment to the second authority) —
i
the amount that Authority A will pay to Authority B in accordance with that paragraph; and
ii
any other information required by Authority B to enable Authority A to make the payment in accordance with that paragraph; and
f
if any deduction was being made in respect of a recoverable overpayment.
4
Authority B shall disclose to Authority A —
a
if a mover’s liability to make payments for the new dwelling is to Authority B; and
b
where the extended payment will be paid by Authority A to Authority B in accordance with regulation 72C(3)(a) —
i
any information required by Authority A to enable Authority A to make the payment in accordance with that paragraph; and
ii
the date on which Authority B receives any such payment.
.
Amendments to the Housing Benefit Regulations relating to extended payments (qualifying contributory benefits)
3
1
The Housing Benefit Regulations shall be amended as follows.
2
For regulation 73 (extended payments (severe disablement allowance and incapacity benefit)) substitute —
Extended payments (qualifying contributory benefits)
73
1
A claimant who is entitled to housing benefit (by virtue of the general conditions of entitlement) shall be entitled to an extended payment (qualifying contributory benefits) where —
a
the claimant or the claimant’s partner was entitled to a qualifying contributory benefit;
b
entitlement to a qualifying contributory benefit ceased because the claimant or the claimant’s partner —
i
commenced employment as an employed or self-employed earner;
ii
increased their earnings from such employment; or
iii
increased the number of hours worked in such employment,
and that employment is or, as the case may be, increased earnings or increased number of hours are expected to last five weeks or more;
c
the claimant or the claimant’s partner had been entitled to and in receipt of a qualifying contributory benefit or a combination of qualifying contributory benefits for a continuous period of at least 26 weeks before the day on which the entitlement to a qualifying contributory benefit ceased; and
d
the claimant or the claimant’s partner was not entitled to and not in receipt of a qualifying income-related benefit in the last benefit week in which the claimant, or the claimant’s partner, was entitled to a qualifying contributory benefit.
2
A claimant must be treated as entitled to housing benefit by virtue of the general conditions of entitlement where —
a
the claimant ceased to be entitled to housing benefit because the claimant vacated the dwelling occupied as the claimant’s home;
b
the day on which the claimant vacated the dwelling was either in the week in which entitlement to a qualifying contributory benefit ceased, or in the preceding week; and
c
entitlement to the qualifying contributory benefit ceased in any of the circumstances listed in paragraph (1)(b).
Duration of extended payment period (qualifying contributory benefits)
73A
1
Where a claimant is entitled to an extended payment (qualifying contributory benefits), the extended payment period starts on the first day of the benefit week immediately following the benefit week in which the claimant, or the claimant’s partner, ceased to be entitled to a qualifying contributory benefit.
2
For the purpose of paragraph (1), a claimant or a claimant’s partner ceases to be entitled to a qualifying contributory benefit on the day immediately following the last day of entitlement to that benefit.
3
The extended payment period ends —
a
at the end of a period of four weeks; or
b
on the date on which the claimant to whom the extended payment (qualifying contributory benefits) is payable has no liability for rent, if that occurs first.
Amount of extended payment (qualifying contributory benefits)
73B
1
For any week during the extended payment period the amount of the extended payment (qualifying contributory benefits) payable to a claimant shall be the higher of —
a
the amount of housing benefit to which the claimant was entitled under the general conditions of entitlement in the last benefit week before the claimant or the claimant’s partner ceased to be entitled to a qualifying contributory benefit;
b
the amount of housing benefit to which the claimant would be entitled under the general conditions of entitlement for any benefit week during the extended payment period, if regulation 73 (extended payments (qualifying contributory benefits)) did not apply to the claimant; or
c
the amount of housing benefit to which the claimant’s partner would be entitled under the general conditions of entitlement, if regulation 73 did not apply to the claimant.
2
Paragraph (1) is subject to the paragraphs (3) to (6) and does not apply in the case of a mover.
3
Where the last benefit week referred to in paragraph (1)(a) fell, in whole or in part, within a rent free period, the last benefit week for the purposes of that paragraph is the last benefit week that did not fall within the rent free period.
4
Where —
a
a claimant is entitled to an extended payment (qualifying contributory benefits) by virtue of regulation 73(2) (early vacation of dwelling); and
b
the last benefit week before the claimant ceased to be entitled to a qualifying contributory benefit was a week in which the claimant’s eligible rent was calculated in accordance with regulation 80(3)(c) (calculation of rent for a partial week),
the last benefit week for the purpose of calculating the amount of the extended payment (qualifying contributory benefits) under paragraph (1)(a) shall be the benefit week before the partial week.
5
Where —
a
a claimant was treated as occupying two dwellings as the claimant’s home under regulation 7(6) (liability to make payments in respect of two homes) at the time when the claimant’s entitlement to a qualifying contributory benefit ceased; and
b
the claimant’s liability to pay rent for either of those dwellings ceases during the extended payment period,
the amount of the extended payment (qualifying contributory benefits) for any week shall be reduced by a sum equivalent to the housing benefit which was payable in respect of that dwelling.
6
No extended payment (qualifying contributory benefits) is payable for any rent free period as defined in regulation 81(1) (rent free periods).
7
Where a claimant is in receipt of an extended payment (qualifying contributory benefits) under this regulation and the claimant’s partner makes a claim for housing benefit, no amount of housing benefit shall be payable by the appropriate authority during the extended payment period.
Extended payments (qualifying contributory benefits) – movers
73C
1
This regulation applies —
a
to a mover; and
b
from the Monday following the day of the move.
2
The amount of the extended payment (qualifying contributory benefits) payable from the Monday from which this regulation applies until the end of the extended payment period shall be the amount of housing benefit which was payable to the mover for the last benefit week before the mover, or the mover’s partner, ceased to be entitled to a qualifying contributory benefit.
3
Where a mover’s liability to make payments for the new dwelling is to the second authority, the extended payment (qualifying contributory benefits) may take the form of a payment from the appropriate authority to —
a
the second authority; or
b
the mover directly.
4
Where —
a
a mover, or the mover’s partner, makes a claim for housing benefit to the second authority after the mover, or the mover’s partner, ceased to be entitled to a qualifying contributory benefit; and
b
the mover, or the mover’s partner, is in receipt of an extended payment (qualifying contributory benefits) from the appropriate authority,
the second authority shall reduce the weekly amount of housing benefit that the mover, or the mover’s partner, is entitled to by a sum equal to the amount of the extended payment (qualifying contributory benefits) until the end of the extended payment period.
5
The reduction of housing benefit made by the second authority under paragraph (4) is subject to any entitlement the claimant may have pursuant to regulation 7(6) (liability to make payments in respect of two homes).
6
Where the last benefit week referred to in paragraph (2) fell, in whole or in part, within a rent free period, the last benefit week for the purposes of that paragraph is the last benefit week that did not fall within the rent free period.
7
No extended payment (qualifying contributory benefits) is payable for any rent free period as defined in regulation 81(1) (rent free periods).
Relationship between extended payment (qualifying contributory benefits) and entitlement to housing benefit under the general conditions of entitlement
73D
1
Where a claimant’s housing benefit award would have ended when the claimant ceased to be entitled to a qualifying contributory benefit in the circumstances listed in regulation 73(1)(b), that award will not cease until the end of the extended payment period.
2
Part 9 (calculation of weekly amounts and changes of circumstances) shall not apply to any extended payment (qualifying contributory benefits) payable in accordance with regulation 73B(1)(a) or 73C(2) (amount of extended payment – movers).
.
3
For regulation 116 (supply of information: extended payments (severe disablement allowance and incapacity benefit)) substitute —
Supply of information – extended payments (qualifying contributory benefits)
116
1
This regulation applies for the purposes of section 122E(3) of the Administration Act (duty of an authority to supply information to another authority).
2
Information is to be disclosed by one authority to another where —
a
there is a mover who is or was in receipt of housing benefit from Authority “A”;
b
either the mover’s new dwelling is within the area of another Authority “B” or the mover is liable or treated as liable to make payments in respect of the new dwelling to housing authority B; and
c
the mover is entitled to an extended payment (qualifying contributory benefits) in accordance with regulation 73.
3
Authority A shall disclose to Authority B —
a
the amount of the extended payment (qualifying contributory benefits) calculated in accordance with regulation 73C(2) (amount of extended payment – movers);
b
the date that entitlement to the extended payment will commence or has commenced;
c
the date that entitlement to the extended payment ceased or will cease;
d
the date of the move from Authority A to Authority B;
e
where the extended payment will be paid by Authority A to Authority B in accordance with regulation 73C(3)(a) (payment of the extended payment to the second authority) —
i
the amount that Authority A will pay to Authority B in accordance with that paragraph; and
ii
any other information required by Authority B to enable Authority A to make the payment in accordance with that paragraph; and
f
if any deduction was being made in respect of a recoverable overpayment.
4
Authority B shall disclose to Authority A —
a
if a mover’s liability to make payments for the new dwelling is to Authority B; and
b
where the extended payment will be paid by Authority A to Authority B in accordance with regulation 73C(3)(a) —
i
any information required by Authority A to enable Authority A to make the payment in accordance with that paragraph; and
ii
the date on which Authority B receives any such payment.
.
Extended payments – consequential amendments to the Housing Benefit Regulations
4
1
The Housing Benefit Regulations shall be amended as follows.
2
In regulation 2(1) (interpretation) —
a
for the definition of “extended payment” substitute —
“extended payment” means a payment of housing benefit payable pursuant to regulation 72;
“extended payment period” means the period for which an extended payment is payable in accordance with regulation 72A or 73A;
;
b
for the definition of “extended payment (severe disablement allowance and incapacity benefit)” substitute —
“extended payment (qualifying contributory benefits)” means a payment of housing benefit payable pursuant to regulation 73;
;
c
for the definition of “mover” substitute —
“mover” means a claimant who changes the dwelling occupied as the claimant’s home from a dwelling in the area of the appropriate authority to a dwelling in the area of a second authority;
;
d
after the definition of “the New Deal options” insert —
“new dwelling” means, for the purposes of the definition of “second authority” and regulations 72C, 73C, 115 and 116, the dwelling to which a claimant has moved, or is about to move, which is or will be occupied as the claimant’s new home;
;
e
after the definition of “the qualifying age for state pension credit” insert —
“qualifying contributory benefit” means —
severe disablement allowance;
incapacity benefit;
“qualifying income-related benefit” means —
income support;
income-based jobseeker’s allowance;
;
f
after the definition of “Rent Officers Order” insert —
“second authority” means the authority to which a mover is liable to make payments for the new dwelling;
; and
g
omit the definition of “second dwelling”.
3
In regulation 5 (persons who have attained the qualifying age for state pension credit) —
a
omit paragraph (2); and
b
in paragraph (3) for “paragraphs (1) and (2)” substitute “paragraph (1)”.
4
Omit —
a
regulation 77 (date on which housing benefit is to end);
b
regulation 78 (date on which housing benefit is to end where entitlement to severe disablement allowance or incapacity benefit ceases);
c
regulation 80(6) (adjustment where in receipt of an extended payment);
d
regulation 89(3) (priority to extended payment claims);
e
Schedule 7 (extended payments of housing benefit); and
f
Schedule 8 (extended payments (severe disablement allowance and incapacity benefit) of housing benefit).
5
In Part 2 of Schedule 9 (awards where income support or an income-based jobseeker’s allowance is payable) —
a
in the heading to paragraph 9 after “jobseeker’s allowance”, insert “, an extended payment or an extended payment (qualifying contributory benefits)”; and
b
in paragraph 9 after the words “is awarded housing benefit”, insert “or a claimant is entitled to an extended payment in accordance with regulation 72 or an extended payment (qualifying contributory benefits) in accordance with regulation 73”.
Amendments to the Housing Benefit (State Pension Credit) Regulations relating to extended payments (qualifying contributory benefits)
5
1
The Housing Benefit (State Pension Credit) Regulations shall be amended as follows.
2
For regulation 53 (extended payments (severe disablement allowance and incapacity benefit)) substitute —
Extended payments (qualifying contributory benefits)
53
1
Except in the case of a claimant who is in receipt of state pension credit, a claimant who is entitled to housing benefit (by virtue of the general conditions of entitlement) shall be entitled to an extended payment (qualifying contributory benefits) where —
a
the claimant or the claimant’s partner was entitled to a qualifying contributory benefit;
b
entitlement to a qualifying contributory benefit ceased because the claimant or the claimant’s partner —
i
commenced employment as an employed or self-employed earner;
ii
increased their earnings from such employment; or
iii
increased the number of hours worked in such employment,
and that employment is or, as the case may be, increased earnings or increased number of hours are expected to last five weeks or more;
c
the claimant or the claimant’s partner had been entitled to and in receipt of a qualifying contributory benefit or a combination of qualifying contributory benefits for a continuous period of at least 26 weeks before the day on which the entitlement to a qualifying contributory benefit ceased;
d
the claimant or the claimant’s partner was not entitled to and not in receipt of a qualifying income-related benefit in the last benefit week in which the claimant, or the claimant’s partner, was entitled to a qualifying contributory benefit.
2
A claimant must be treated as entitled to housing benefit by virtue of the general conditions of entitlement where —
a
the claimant ceased to be entitled to housing benefit because the claimant vacated the dwelling occupied as the claimant’s home;
b
the day on which the claimant vacated the dwelling was either in the week in which entitlement to a qualifying contributory benefit ceased, or in the preceding week; and
c
entitlement to the qualifying contributory benefit ceased in any of the circumstances listed in paragraph (1)(b).
Duration of extended payment period (qualifying contributory benefits)
53A
1
Where a claimant is entitled to an extended payment (qualifying contributory benefits), the extended payment period starts on the first day of the benefit week immediately following the benefit week in which the claimant, or the claimant’s partner, ceased to be entitled to a qualifying contributory benefit.
2
For the purpose of paragraph (1), a claimant or a claimant’s partner ceases to be entitled to a qualifying contributory benefit on the day immediately following the last day of entitlement to that benefit.
3
The extended payment period ends —
a
at the end of a period of four weeks; or
b
on the date on which the claimant to whom the extended payment (qualifying contributory benefits) is payable has no liability for rent, if that occurs first.
Amount of extended payment (qualifying contributory benefits)
53B
1
For any week during the extended payment period the amount of the extended payment (qualifying contributory benefits) payable to a claimant shall be the higher of —
a
the amount of housing benefit to which the claimant was entitled under the general conditions of entitlement in the last benefit week before the claimant or the claimant’s partner ceased to be entitled to a qualifying contributory benefit;
b
the amount of housing benefit to which the claimant would be entitled under the general conditions of entitlement for any benefit week during the extended payment period, if regulation 53 (extended payments (qualifying contributory benefits)) did not apply to the claimant; or
c
the amount of housing benefit to which the claimant’s partner would be entitled under the general conditions of entitlement, if regulation 53 did not apply to the claimant.
2
Paragraph (1) is subject to the paragraphs (3) to (6) and does not apply in the case of a mover.
3
Where the last benefit week referred to in paragraph (1)(a) fell, in whole or in part, within a rent free period, the last benefit week for the purposes of that paragraph is the last benefit week that did not fall within the rent free period.
4
Where —
a
a claimant is entitled to an extended payment (qualifying contributory benefit) by virtue of regulation 53(2) (early vacation of dwelling); and
b
the last benefit week before the claimant ceased to be entitled to a qualifying contributory benefit was a week in which the claimant’s eligible rent was calculated in accordance with regulation 61(3)(c) (calculation of rent for a partial week),
the last benefit week for the purpose of calculating the amount of the extended payment (qualifying contributory benefits) under paragraph (1)(a) shall be the benefit week before the partial week.
5
Where —
a
a claimant was treated as occupying two dwellings as the claimant’s home under regulation 7(6) (liability to make payments in respect of two homes) at the time when the claimant’s entitlement to a qualifying contributory benefit ceased; and
b
the claimant’s liability to pay rent for either of those dwellings ceases during the extended payment period,
the amount of the extended payment (qualifying contributory benefits) for any week shall be reduced by a sum equivalent to the housing benefit which was payable in respect of that dwelling.
6
No extended payment (qualifying contributory benefits) is payable for any rent free period as defined in regulation 62(1) (rent free periods).
7
Where a claimant is in receipt of an extended payment (qualifying contributory benefits) under this regulation and the claimant’s partner makes a claim for housing benefit, no amount of housing benefit shall be payable by the appropriate authority during the extended payment period.
Extended payments (qualifying contributory benefits) – movers
53C
1
This regulation applies —
a
to a mover; and
b
from the Monday following the day of the move.
2
The amount of the extended payment (qualifying contributory benefits) payable from the Monday from which this regulation applies until the end of the extended payment period shall be the amount of housing benefit which was payable to the mover for the last benefit week before the mover, or the mover’s partner, ceased to be entitled to a qualifying contributory benefit.
3
Where a mover’s liability to make payments for the new dwelling is to the second authority, the extended payment (qualifying contributory benefits) may take the form of a payment from the appropriate authority to —
a
the second authority; or
b
the mover directly.
4
Where —
a
a mover, or the mover’s partner, makes a claim for housing benefit to the second authority after the mover, or the mover’s partner, ceased to be entitled to a qualifying contributory benefit; and
b
the mover, or the mover’s partner, is in receipt of an extended payment(qualifying contributory benefits) from the appropriate authority,
the second authority shall reduce the weekly amount of housing benefit that the mover, or the mover’s partner, is entitled to by a sum equal to the amount of the extended payment (qualifying contributory benefits) until the end of the extended payment period.
5
The reduction of housing benefit made by the second authority under paragraph (4) is subject to any entitlement the claimant may have pursuant to regulation 7(6) (liability to make payments in respect of two homes).
6
Where the last benefit week referred to in paragraph (2) fell, in whole or in part, within a rent free period, the last benefit week for the purposes of that paragraph is the last benefit week that did not fall within the rent free period.
7
No extended payment (qualifying contributory benefits) is payable for any rent free period as defined in regulation 62(1) (rent free periods).
Relationship between extended payment (qualifying contributory benefits) and entitlement to housing benefit under the general conditions of entitlement
53D
1
Where a claimant’s housing benefit award would have ended when the claimant ceased to be entitled to a qualifying contributory benefit in the circumstances listed in regulation 53(1)(b), that award will not cease until the end of the extended payment period.
2
Part 8 (calculation of weekly amounts and changes of circumstances) shall not apply to any extended payment (qualifying contributory benefits) payable in accordance with regulation 53B(1)(a) or 53C(2) (amount of extended payment – movers).
.
3
For regulations 96 (information to be supplied by an authority to another authority) and 97 (supply of information: extended payments (severe disablement allowance and incapacity benefit)) substitute —
Information to be supplied by an authority to another authority
96
1
This regulation applies for the purposes of section 128A of the Administration Act (duty of an authority to disclose information to another authority).
2
Information is to be disclosed by one authority to another where —
a
there is a mover who is or was in receipt of housing benefit from Authority “A”;
b
either the mover’s new dwelling is within the area of another Authority “B” or the mover is liable or treated as liable to make payments in respect of the new dwelling to housing authority B; and
c
the mover is entitled to an extended payment in accordance with regulation 72 of the Housing Benefit Regulations 2006.
3
Authority A shall disclose to Authority B —
a
the amount of the extended payment calculated in accordance with regulation 72C(2) of the Housing Benefit Regulations 2006 (amount of extended payment – movers);
b
the date that entitlement to the extended payment will commence or has commenced;
c
the date that entitlement to the extended payment ceased or will cease;
d
the date of the move from Authority A to Authority B;
e
where the extended payment will be paid by Authority A to Authority B in accordance with regulation 72C(3)(a) of the Housing Benefit Regulations 2006 (payment of extended payment to the second authority) —
i
the amount that Authority A will pay to Authority B in accordance with that paragraph; and
ii
any other information required by Authority B to enable Authority A to make the payment in accordance with that paragraph; and
f
if any deduction was being made in respect of a recoverable overpayment.
4
Authority B shall disclose to Authority A —
a
if a mover’s liability to make payments for the new dwelling is to Authority B; and
b
where the extended payment will be paid by Authority A to Authority B in accordance with regulation 72C(3)(a) of the Housing Benefit Regulations 2006 —
i
any information required by Authority A to enable Authority A to make the payment in accordance with that paragraph; and
ii
the date on which Authority B receives any such payment.
Supply of information – extended payments (qualifying contributory benefits)
97
1
This regulation applies for the purposes of section 122E(3) of the Administration Act (duty of an authority to supply information to another authority).
2
Information must be disclosed by one authority to another where —
a
there is a mover who is or was in receipt of housing benefit from Authority “A”;
b
either the mover’s new dwelling is within the area of another Authority “B” or the mover is liable or treated as liable to make payments in respect of the new dwelling to housing authority B; and
c
the mover is entitled to an extended payment (qualifying contributory benefits) in accordance with regulation 53 of these Regulations or regulation 73 of the Housing Benefit Regulations 2006.
3
Authority A shall disclose to Authority B —
a
the amount of the extended payment (qualifying contributory benefits) calculated in accordance with regulation 53C(2) of these Regulations or regulation 73C(2) of the Housing Benefit Regulations 2006 (amount of extended payment – movers);
b
the date that entitlement to the extended payment will commence or has commenced;
c
the date that entitlement to the extended payment ceased or will cease;
d
the date of the move from Authority A to Authority B;
e
where the extended payment will be paid by Authority A to Authority B in accordance with regulation 53C(3)(a) of these Regulations or regulation 73C(3)(a) of the Housing Benefit Regulations 2006 (payment of the extended payment to the second authority) —
i
the amount that Authority A will pay to Authority B in accordance with that paragraph; and
ii
any other information required by Authority B to enable Authority A to make the payment in accordance with that paragraph; and
f
if any deduction was being made in respect of a recoverable overpayment.
4
Authority B shall disclose to Authority A —
a
if a mover’s liability to make payments for the new dwelling is to Authority B; and
b
where the extended payment will be paid by Authority A to Authority B in accordance with regulation 53C(3)(a) of these Regulations or regulation 73C(3)(a) of the Housing Benefit Regulations 2006 —
i
any information required by Authority A to enable Authority A to make the payment in accordance with that paragraph; and
ii
the date on which Authority B receives any such payment.
.
Extended Payments – consequential amendments to the Housing Benefit (State Pension Credit) Regulations
6
1
The Housing Benefit (State Pension Credit) Regulations shall be amended as follows.
2
In regulation 2(1) (interpretation) —
a
for the definition of “extended payment (severe disablement allowance and incapacity benefit)” substitute —
“extended payment (qualifying contributory benefits)” means a payment of housing benefit payable pursuant to regulation 53 of these Regulations or regulation 73 of the Housing Benefit Regulations 2006;
“extended payment period” means the period for which an extended payment is payable in accordance with regulation 53A of these Regulations or regulation 72A or 73A of the Housing Benefit Regulations 2006;
;
b
after the definition of “maximum rent (LHA)” insert —
“mover” means a claimant who changes the dwelling occupied as the claimant’s home from a dwelling in the area of the appropriate authority to a dwelling in the area of a second authority;
;
c
after the definition of “net profit” insert —
“new dwelling” means, for the purposes of the definition of “second authority” and regulations 53C, 96 and 97, the dwelling to which a claimant has moved, or is about to move, which is or will be occupied as the claimant’s new home;
;
d
after the definition of “qualifying age for state pension credit” insert —
“qualifying contributory benefit” means —
severe disablement allowance;
incapacity benefit;
;
e
after the definition of “qualifying course” insert —
“qualifying income-related benefit” means —
income support;
income-based jobseeker’s allowance;
; and
f
after the definition of “savings credit” insert —
“second authority” means the authority to which a mover is liable to make payments for the new dwelling;
.
3
For regulation 52 (reduction where amount payable under regulation 72 of the Housing Benefit Regulations) substitute —
Amount payable during extended payment period when an extended payment is payable pursuant to regulation 72 or 73 of the Housing Benefit Regulations
52
1
This regulation applies where —
a
a claimant became entitled to an extended payment pursuant to regulation 72 of the Housing Benefit Regulations 2006 or an extended payment (qualifying contributory benefits) pursuant to regulation 73 of those Regulations; and
b
during the extended payment period, these Regulations become applicable to the claimant or the claimant’s partner in accordance with regulation 5 (persons who have attained the qualifying age for state pension credit).
2
Where this regulation applies, the amount of the extended payment or extended payment (qualifying contributory benefits) payable to a claimant for any week during the extended payment period shall be the higher of —
a
the amount of the extended payment payable in accordance with regulation 72B(1)(a) of the Housing Benefit Regulations 2006 or the extended payment (qualifying contributory benefits) payable in accordance with regulation 73B(1)(a) of those Regulations, as the case may be; or
b
the amount of housing benefit to which a claimant would be entitled under the general conditions of entitlement of these Regulations, if regulation 72 (extended payments) or 73 (extended payments (qualifying contributory benefits)) of the Housing Benefit Regulations 2006 did not apply to the claimant; or
c
the amount of housing benefit to which the claimant’s partner would be entitled under the general conditions of entitlement of these Regulations, if regulation 72 or 73 of the Housing Benefit Regulations 2006 did not apply to the claimant.
3
Where this regulation applies, no amount of housing benefit shall be payable by the appropriate authority during the extended payment period to a claimant’s partner under these Regulations for any week in the extended payment period.
.
4
Omit —
a
regulation 58 (date on which housing benefit is to end where entitlement to severe disablement allowance or incapacity benefit ceases);
b
regulation 61(7) (adjustment where in receipt of an extended payment);
c
regulation 70(3) (priority to extended payment claims); and
d
Schedule 7 (extended payments (severe disablement allowance and incapacity benefit) of housing benefit).
5
In Part 2 of Schedule 8 (awards where state pension credit is payable) —
a
in the heading to paragraph 9 after “state pension credit” insert, “ or an extended payment (qualifying contributory benefits)”; and
b
after paragraph 9(2) add —
3
Where a claimant is entitled to an extended payment (qualifying contributory benefits) in accordance with regulation 53, the decision notice shall include a statement as to the matters set out in paragraph 9(1).
.
Amendments to the Council Tax Benefit Regulations relating to extended payments
7
1
The Council Tax Benefit Regulations 2006 shall be amended as follows.
2
For regulation 60 (extended payments) substitute —
Extended Payments
60
1
A claimant who is entitled to council tax benefit (by virtue of the general conditions of entitlement) shall be entitled to an extended payment where —
a
the claimant or the claimant’s partner was entitled to a qualifying income-related benefit;
b
entitlement to a qualifying income-related benefit ceased because the claimant or the claimant’s partner —
i
commenced employment as an employed or self-employed earner;
ii
increased their earnings from such employment; or
iii
increased the number of hours worked in such employment,
and that employment is or, as the case may be, increased earnings or increased number of hours are expected to last five weeks or more; and
c
the claimant or the claimant’s partner had been entitled to and in receipt of a qualifying income-related benefit, jobseeker’s allowance or a combination of those benefits for a continuous period of at least 26 weeks before the day on which the entitlement to a qualifying income-related benefit ceased.
2
For the purpose of paragraph (1)(c), a claimant or a claimant’s partner is to be treated as having been entitled to and in receipt of a qualifying income-related benefit or jobseeker’s allowance during any period of less than five weeks in respect of which the claimant or the claimant’s partner was not entitled to any of those benefits because the claimant or the claimant’s partner was engaged in remunerative work as a consequence of their participation in an employment zone programme.
3
For the purpose of this regulation, where a claimant or a claimant’s partner is entitled to and in receipt of joint-claim jobseeker’s allowance they shall be treated as being entitled to and in receipt of jobseeker’s allowance.
4
A claimant must be treated as entitled to council tax benefit by virtue of the general conditions of entitlement where —
a
the claimant ceased to be entitled to council tax benefit because the claimant vacated the dwelling in which the claimant was resident;
b
the day on which the claimant vacated the dwelling was either in the week in which entitlement to a qualifying income-related benefit ceased, or in the preceding week; and
c
entitlement to the qualifying income-related benefit ceased in any of the circumstances listed in paragraph (1)(b).
5
This regulation shall not apply where, on the day before a claimant’s entitlement to income support ceased, regulation 6(5) of the Income Support Regulations (remunerative work: housing costs) applied to that claimant.
Duration of extended payment period
60A
1
Where a claimant is entitled to an extended payment, the extended payment period starts on the first day of the benefit week immediately following the benefit week in which the claimant, or the claimant’s partner, ceased to be entitled to a qualifying income-related benefit.
2
For the purpose of paragraph (1), a claimant or a claimant’s partner ceases to be entitled to a qualifying income-related benefit on the day immediately following the last day of entitlement to that benefit.
3
The extended payment period ends —
a
at the end of a period of four weeks; or
b
on the date on which the claimant to whom the extended payment is payable has no liability for council tax, if that occurs first.
Amount of extended payment
60B
1
For any week during the extended payment period the amount of the extended payment payable to a claimant shall be the higher of —
a
the amount of council tax benefit to which the claimant was entitled under the general conditions of entitlement in the last benefit week before the claimant or the claimant’s partner ceased to be entitled to a qualifying income-related benefit;
b
the amount of council tax benefit to which the claimant would be entitled under the general conditions of entitlement for any benefit week during the extended payment period, if regulation 60 (extended payments) did not apply to the claimant; or
c
the amount of council tax benefit to which the claimant’s partner would be entitled under the general conditions of entitlement, if regulation 60 did not apply to the claimant.
2
Paragraph (1) does not apply in the case of a mover.
3
Where a claimant is in receipt of an extended payment under this regulation and the claimant’s partner makes a claim for council tax benefit, no amount of council tax benefit shall be payable by the appropriate authority during the extended payment period.
Extended payments – movers
60C
1
This regulation applies —
a
to a mover; and
b
from the Monday following the day of the move.
2
The amount of the extended payment payable from the Monday from which this regulation applies until the end of the extended payment period shall be the amount of council tax benefit which was payable to the mover for the last benefit week before the mover, or the mover’s partner, ceased to be entitled to a qualifying income-related benefit.
3
Where a mover’s liability to pay council tax in respect of the new dwelling is to the second authority, the extended payment may take the form of a payment from the appropriate authority to —
a
the second authority; or
b
the mover directly.
4
Where —
a
a mover, or the mover’s partner, makes a claim for council tax benefit to the second authority after the mover, or the mover’s partner, ceased to be entitled to a qualifying income-related benefit; and
b
the mover, or the mover’s partner, is in receipt of an extended payment from the appropriate authority,
the second authority shall reduce the weekly amount of council tax benefit that the mover, or the mover’s partner, is entitled to by a sum equal to the amount of the extended payment until the end of the extended payment period.
Relationship between extended payment and entitlement to council tax benefit under the general conditions of entitlement
60D
1
Where a claimant’s council tax benefit award would have ended when the claimant ceased to be entitled to a qualifying income-related benefit in the circumstances listed in regulation 60(1)(b), that award will not cease until the end of the extended payment period.
2
Part 7 (changes of circumstances and increases for exceptional circumstances) shall not apply to any extended payment payable in accordance with regulation 60B(1)(a) or 60C(2) (amount of extended payment – movers).
.
3
For regulation 96 (information to be supplied by an authority to another authority) substitute —
Information to be supplied by an authority to another authority
96
1
This regulation applies for the purposes of section 128A of the Administration Act (duty of an authority to disclose information to another authority).
2
Information is to be disclosed by one authority to another where —
a
there is a mover who is or was allowed council tax benefit by appropriate Authority “A”;
b
the mover is liable to pay council tax in respect of the new dwelling to Authority “B”; and
c
the mover is entitled to an extended payment in accordance with regulation 60.
3
Authority A shall disclose to Authority B —
a
the amount of the extended payment calculated in accordance with regulation 60C(2) (amount of extended payment – movers);
b
the date that entitlement to the extended payment will commence or has commenced;
c
the date that entitlement to the extended payment ceased or will cease;
d
the date of the move from Authority A to Authority B;
e
where the extended payment will be paid by Authority A to Authority B in accordance with regulation 60C(3)(a) (payment of the extended payment to the second authority) —
i
the amount that Authority A will pay to Authority B in accordance with that paragraph; and
ii
any other information required by Authority B to enable Authority A to make the payment in accordance with that paragraph; and
f
if any deduction was being made in respect of a recoverable overpayment.
4
Authority B shall disclose to Authority A —
a
if a mover’s liability to pay council tax for the new dwelling is to Authority B; and
b
where the extended payment will be paid by Authority A to Authority B in accordance with regulation 60C(3)(a) —
i
any information required by Authority A to enable Authority A to make the payment in accordance with that paragraph; and
ii
the date on which Authority B receives any such payment.
.
Amendments to the Council Tax Benefit Regulations relating to extended payments (qualifying contributory benefits)
8
1
The Council Tax Benefit Regulations shall be amended as follows.
2
For regulation 61 (extended payments (severe disablement allowance and incapacity benefit)) substitute —
Extended Payments (qualifying contributory benefits)
61
1
A claimant who is entitled to council tax benefit (by virtue of the general conditions of entitlement) shall be entitled to an extended payment (qualifying contributory benefits) where —
a
the claimant or the claimant’s partner was entitled to a qualifying contributory benefit;
b
entitlement to a qualifying contributory benefit ceased because the claimant or the claimant’s partner —
i
commenced employment as an employed or self-employed earner;
ii
increased their earnings from such employment; or
iii
increased the number of hours worked in such employment,
and that employment is or, as the case may be, increased earnings or increased number of hours are expected to last five weeks or more;
c
the claimant or the claimant’s partner had been entitled to and in receipt of a qualifying contributory benefit or a combination of qualifying contributory benefits for a continuous period of at least 26 weeks before the day on which the entitlement to a qualifying contributory benefit ceased; and
d
the claimant or the claimant’s partner was not entitled to and not in receipt of a qualifying income-related benefit in the last benefit week in which the claimant, or the claimant’s partner, was entitled to a qualifying contributory benefit.
2
A claimant must be treated as entitled to council tax benefit by virtue of the general conditions of entitlement where —
a
the claimant ceased to be entitled to council tax benefit because the claimant vacated the dwelling in which the claimant was resident;
b
the day on which the claimant vacated the dwelling was either in the week in which entitlement to a qualifying contributory benefit ceased, or in the preceding week; and
c
entitlement to the qualifying contributory benefit ceased in any of the circumstances listed in paragraph (1)(b).
Duration of extended payment period (qualifying contributory benefits)
61A
1
Where a claimant is entitled to an extended payment (qualifying contributory benefits), the extended payment period starts on the first day of the benefit week immediately following the benefit week in which the claimant, or the claimant’s partner, ceased to be entitled to a qualifying contributory benefit.
2
For the purpose of paragraph (1), a claimant or a claimant’s partner ceases to be entitled to a qualifying contributory benefit on the day immediately following the last day of entitlement to that benefit.
3
The extended payment period ends —
a
at the end of a period of four weeks; or
b
on the date on which the claimant to whom the extended payment (qualifying contributory benefits) is payable has no liability for council tax, if that occurs first.
Amount of extended payment (qualifying contributory benefits)
61B
1
For any week during the extended payment period the amount of the extended payment (qualifying contributory benefits) payable to a claimant shall be the higher of —
a
the amount of council tax benefit to which the claimant was entitled under the general conditions of entitlement in the last benefit week before the claimant or the claimant’s partner ceased to be entitled to a qualifying contributory benefit;
b
the amount of council tax benefit to which the claimant would be entitled under the general conditions of entitlement for any benefit week during the extended payment period, if regulation 61 (extended payments (qualifying contributory benefits)) did not apply to the claimant; or
c
the amount of council tax benefit to which the claimant’s partner would be entitled under the general conditions of entitlement, if regulation 61 did not apply to the claimant.
2
Paragraph (1) does not apply in the case of a mover.
3
Where a claimant is in receipt of an extended payment (qualifying contributory benefits) under this regulation and the claimant’s partner makes a claim for council tax benefit, no amount of council tax benefit shall be payable by the appropriate authority during the extended payment period.
Extended payments (qualifying contributory benefits) – movers
61C
1
This regulation applies —
a
to a mover; and
b
from the Monday following the day of the move.
2
The amount of the extended payment (qualifying contributory benefit) payable from the Monday from which this regulation applies until the end of the extended payment period shall be the amount of council tax benefit which was payable to the mover for the last benefit week before the mover, or the mover’s partner, ceased to be entitled to a qualifying contributory benefit.
3
Where a mover’s liability to pay council tax in respect of the new dwelling is to the second authority, the extended payment (qualifying contributory benefits) may take the form of a payment from the appropriate authority to —
a
the second authority; or
b
the mover directly.
4
Where —
a
a mover, or the mover’s partner, makes a claim for council tax benefit to the second authority after the mover, or the mover’s partner, ceased to be entitled to a qualifying contributory benefit; and
b
the mover, or the mover’s partner, is in receipt of an extended payment (qualifying contributory benefits) from the appropriate authority,
the second authority shall reduce the weekly amount of council tax benefit that the mover, or the mover’s partner, is entitled to by a sum equal to the amount of the extended payment (qualifying contributory benefits) until the end of the extended payment period.
Relationship between extended payment (qualifying contributory benefits) and entitlement to council tax benefit under the general conditions of entitlement
61D
1
Where a claimant’s council tax benefit award would have ended when the claimant ceased to be entitled to a qualifying contributory benefit in the circumstances listed in regulation 61(1)(b), that award will not cease until the end of the extended payment period.
2
Part 7 (changes of circumstances and increases for exceptional circumstances) shall not apply to any extended payment (qualifying contributory benefits) payable in accordance with regulation 61B(1)(a) or 61C(2) (amount of extended payment – movers).
.
3
For regulation 97 (supply of information: extended payments (severe disablement allowance and incapacity benefit)) substitute —
Supply of information – extended payments (qualifying contributory benefits)
97
1
This regulation applies for the purposes of section 122E(3) of the Administration Act (duty of an authority to supply information to another authority).
2
Information is to be disclosed by one authority to another where —
a
there is a mover who is or was allowed council tax benefit by appropriate Authority “A”;
b
the mover is liable to pay council tax in respect of the new dwelling to Authority “B”; and
c
the mover is entitled to an extended payment (qualifying contributory benefits) in accordance with regulation 61.
3
Authority A shall disclose to Authority B —
a
the amount of the extended payment calculated in accordance with regulation 61C(2) (amount of extended payment – movers);
b
the date that entitlement to the extended payment will commence or has commenced;
c
the date that entitlement to the extended payment ceased or will cease;
d
the date of the move from Authority A to Authority B;
e
where the extended payment will be paid by Authority A to Authority B in accordance with regulation 61C(3)(a) (payment of the extended payment to the second authority) —
i
the amount that Authority A will pay to Authority B in accordance with that paragraph; and
ii
any other information required by Authority B to enable Authority A to make the payment required in accordance with that paragraph; and
f
if any deduction was being made in respect of a recoverable overpayment.
4
Authority B shall disclose to Authority A —
a
if a mover’s liability to pay council tax for the new dwelling is to Authority B; and
b
where the extended payment will be paid by Authority A to Authority B in accordance with regulation 61C(3)(a) —
i
any information required by Authority A in order to enable Authority A to make the payment in accordance with that paragraph; and
ii
the date on which Authority B receives any such payment.
.
Extended payments – consequential amendments to the Council Tax Benefit Regulations
9
1
The Council Tax Benefit Regulations shall be amended as follows.
2
In regulation 2(1) (interpretation) —
a
for the definition of “extended payment” substitute —
“extended payment” means a payment of council tax benefit payable pursuant to regulation 60;
“extended payment period” means the period for which an extended payment is payable in accordance with regulation 60A or 61A;
;
b
for the definition of “extended payment (severe disablement allowance and incapacity benefit)” substitute —
“extended payment (qualifying contributory benefits)” means a payment of council tax benefit payable pursuant to regulation 61;
;
c
after the definition of “mobility supplement” insert —
“mover” means a claimant who changes the dwelling in which the claimant is resident and in respect of which the claimant liable to pay council tax from a dwelling in the area of the appropriate authority to a dwelling in the area of the second authority;
;
d
after the definition of “the New Deal options” insert —
“new dwelling” means, for the purposes of the definition of “second authority” and regulations 60C, 61C, 96 and 97, the dwelling to which a claimant has moved, or is about to move, in which the claimant is or will be resident;
;
e
after the definition of “qualifying age for state pension credit” insert —
“qualifying contributory benefit” means —
severe disablement allowance;
incapacity benefit;
“qualifying income-related benefit” means —
income support;
income-based jobseeker’s allowance;
; and
f
after the definition of “second adult” insert —
“second authority” means the authority to which a mover is liable to make payments for the new dwelling;
.
3
In regulation 5 (persons who have attained the qualifying age for state pension credit) —
a
omit paragraph (2); and
b
in paragraph (3) for “paragraphs (1)(b) and (2)” substitute “paragraph (1)(b)”.
4
In regulation 57 (maximum council tax benefit) —
a
in paragraph (1) for “paragraphs (2) to (5)” substitute “paragraphs (2) to (4)”; and
b
omit paragraph (5).
5
Omit —
a
regulation 65 (date on which council tax benefit is to end);
b
regulation 66 (date on which council tax benefit is to end where entitlement to severe disablement allowance or incapacity benefit ceases);
c
regulation 75(3) (priority to extended payment claims);
d
Schedule 6 (extended payments of council tax benefit); and
e
Schedule 7 (extended payments (severe disablement allowance and incapacity benefit) of council tax benefit).
6
In Part 2 of Schedule 8 (awards where income support or an income-based jobseeker’s allowance is payable) —
a
in the heading to paragraph 9 after “jobseeker’s allowance”, insert “, an extended payment or an extended payment (qualifying contributory benefits)”; and
b
in paragraph 9 after the words “is awarded council tax benefit”, insert “or a claimant is entitled to an extended payment in accordance with regulation 60 or an extended payment (qualifying contributory benefits) in accordance with regulation 61”.
Amendments to the Council Tax Benefit (State Pension Credit) Regulations relating to extended payments (qualifying contributory benefits)
10
1
The Council Tax Benefit (State Pension Credit) Regulations shall be amended as follows.
2
For regulation 44 (extended payments (severe disablement allowance and incapacity benefit)) substitute —
Extended Payments (qualifying contributory benefits)
44
1
Except in the case of a claimant who is in receipt of state pension credit, a claimant who is entitled to council tax benefit (by virtue of the general conditions of entitlement) shall be entitled to an extended payment (qualifying contributory benefits) where —
a
the claimant or the claimant’s partner was entitled to a qualifying contributory benefit;
b
entitlement to a qualifying contributory benefit ceased because the claimant or the claimant’s partner —
i
commenced employment as an employed or self-employed earner;
ii
increased their earnings from such employment; or
iii
increased the number of hours worked in such employment,
and that employment is or, as the case may be, increased earnings or increased number of hours are expected to last five weeks or more;
c
the claimant or the claimant’s partner had been entitled to and in receipt of a qualifying contributory benefit or a combination of qualifying contributory benefits for a continuous period of at least 26 weeks before the day on which the entitlement to a qualifying contributory benefit ceased; and
d
the claimant or the claimant’s partner was not entitled to and not in receipt of a qualifying income-related benefit in the last benefit week in which the claimant, or the claimant’s partner, was entitled to a qualifying contributory benefit.
2
A claimant must be treated as entitled to council tax benefit by virtue of the general conditions of entitlement where —
a
the claimant ceased to be entitled to council tax benefit because the claimant vacated the dwelling in which the claimant was resident;
b
the day on which the claimant vacated the dwelling was either in the week in which entitlement to a qualifying contributory benefit ceased, or in the preceding week; and
c
entitlement to the qualifying contributory benefit ceased in any of the circumstances listed in paragraph (1)(b).
Duration of extended payment period (qualifying contributory benefits)
44A
1
Where a claimant is entitled to an extended payment (qualifying contributory benefits), the extended payment period starts on the first day of the benefit week immediately following the benefit week in which the claimant, or the claimant’s partner, ceased to be entitled to a qualifying contributory benefit.
2
For the purpose of paragraph (1), a claimant or a claimant’s partner ceases to be entitled to a qualifying contributory benefit on the day immediately following the last day of entitlement to that benefit.
3
The extended payment period ends —
a
at the end of a period of four weeks; or
b
on the date on which the claimant to whom the extended payment (qualifying contributory benefits) is payable has no liability for council tax, if that occurs first.
Amount of extended payment (qualifying contributory benefits)
44B
1
For any week during the extended payment period the amount of the extended payment (qualifying contributory benefits) payable to a claimant shall be the higher of —
a
the amount of council tax benefit to which the claimant was entitled under the general conditions of entitlement in the last benefit week before the claimant or the claimant’s partner ceased to be entitled to a qualifying contributory benefit;
b
the amount of council tax benefit to which the claimant would be entitled under the general conditions of entitlement for any benefit week during the extended payment period, if regulation 44 (extended payments (qualifying contributory benefits)) did not apply to the claimant; or
c
the amount of council tax benefit to which the claimant’s partner would be entitled under the general conditions of entitlement, if regulation 44 did not apply to the claimant.
2
Paragraph (1) does not apply in the case of a mover.
3
Where a claimant is in receipt of an extended payment (qualifying contributory benefits) under this regulation and the claimant’s partner makes a claim for council tax benefit, no amount of council tax benefit shall be payable by the appropriate authority during the extended payment period.
Extended payments (qualifying contributory benefits) – movers
44C
1
This regulation applies —
a
to a mover; and
b
from the Monday following the day of the move.
2
The amount of the extended payment (qualifying contributory benefit) payable from the Monday from which this regulation applies until the end of the extended payment period shall be the amount of council tax benefit which was payable to the mover for the last benefit week before the mover, or the mover’s partner, ceased to be entitled to a qualifying contributory benefit.
3
Where a mover’s liability to pay council tax in respect of the new dwelling is to the second authority, the extended payment (qualifying contributory benefits) may take the form of a payment from the appropriate authority to —
a
the second authority; or
b
the mover directly.
4
Where —
a
a mover, or the mover’s partner, makes a claim for council tax benefit to the second authority after the mover, or the mover’s partner, ceased to be entitled to a qualifying contributory benefit; and
b
the mover, or the mover’s partner, is in receipt of an extended payment (qualifying contributory benefits) from the appropriate authority,
the second authority shall reduce the weekly amount of council tax benefit that the mover, or the mover’s partner, is entitled to by a sum equal to the amount of the extended payment (qualifying contributory benefits) until the end of the extended payment period.
Relationship between extended payment (qualifying contributory benefits) and entitlement to council tax benefit under the general conditions of entitlement
44D
1
Where a claimant’s council tax benefit award would have ended when the claimant ceased to be entitled to a qualifying contributory benefit in the circumstances listed in regulation 44(1)(b), that award will not cease until the end of the extended payment period.
2
Part 6 (period of entitlement, changes of circumstances and increases for exceptional circumstances) shall not apply to any extended payment (qualifying contributory benefits) payable in accordance with regulation 44B(1)(a) or regulation 44C(2) (amount of extended payment – movers).
.
3
For regulations 81 (information to be supplied by an authority to another authority) and 82 (supply of information: extended payments (severe disablement allowance and incapacity benefit)) substitute —
Information to be supplied by an authority to another authority
81
1
This regulation applies for the purposes of section 128A of the Administration Act (duty of an authority to disclose information to another authority).
2
Information is to be disclosed by one authority to another where —
a
there is a mover who is or was allowed council tax benefit by appropriate Authority “A”;
b
the mover is liable to pay council tax in respect of the new dwelling to Authority “B”; and
c
the mover is entitled to an extended payment in accordance with regulation 60 of the Council Tax Benefit Regulations 2006.
3
Authority A shall disclose to Authority B —
a
the amount of the extended payment calculated in accordance with regulation 60C(2) of the Council Tax Benefit Regulations 2006 (amount of extended payment – movers);
b
the date that entitlement to the extended payment will commence or has commenced;
c
the date that entitlement to the extended payment ceased or will cease;
d
the date of the move from Authority A to Authority B;
e
where the extended payment will be paid by Authority A to Authority B in accordance with regulation 60C(3)(a) of the Council Tax Benefit Regulations 2006 (payment of the extended payment to second authority) —
i
the amount that Authority A will pay to Authority B in accordance with that paragraph; and
ii
any other information required by Authority B to enable Authority A to make the payment in accordance with that paragraph; and
f
if any deduction was being made in respect of a recoverable overpayment.
4
Authority B shall disclose to Authority A —
a
if a mover’s liability to pay council tax for the new dwelling is to Authority B; and
b
where the extended payment will be paid by Authority A to Authority B in accordance with regulation 60C(3)(a) of the Council Tax Benefit Regulations 2006 —
i
any information required by Authority A to enable Authority A to make the payment in accordance with that paragraph; and
ii
the date on which Authority B receives any such payment.
Supply of information – extended payments (qualifying contributory benefits)
82
1
This regulation applies for the purposes of section 122E(3) of the Administration Act (duty of an authority to supply information to another authority).
2
Information is to be disclosed by one authority to another where —
a
there is a mover who is or was allowed council tax benefit by appropriate Authority “A”;
b
the mover is liable to pay council tax in respect of the new dwelling to Authority “B”; and
c
the mover is entitled to an extended payment (qualifying contributory benefits) in accordance with regulation 44 of these Regulations or regulation 61 of the Council Tax Benefit Regulations 2006.
3
Authority A shall disclose to Authority B —
a
the amount of the extended payment calculated in accordance with regulation 44C(2) of these Regulations or regulation 61C(2) of the Council Tax Benefit Regulations 2006 (amount of extended payment – movers);
b
the date that entitlement to the extended payment will commence or has commenced;
c
the date that entitlement to the extended payment ceased or will cease;
d
the date of the move from Authority A to Authority B;
e
where the extended payment will be paid by Authority A to Authority B in accordance with regulation 44C(3)(a) of these Regulations or regulation 61C(3)(a) of the Council Tax Benefit Regulations 2006 (payment of the extended payment to the second authority) —
i
the amount that Authority A will pay to Authority B in accordance with that paragraph; and
ii
any other information required by Authority B to enable Authority A to make the payment in accordance with that paragraph; and
f
if any deduction was being made in respect of a recoverable overpayment.
4
Authority B shall disclose to Authority A —
a
if a mover’s liability to pay council tax for the new dwelling is to Authority B; and
b
where the extended payment will be paid by Authority A to Authority B in accordance with regulation 44C(3)(a) of these Regulations or regulation 61C(3)(a) of the Council Tax Benefit Regulations 2006 —
i
any information required by Authority A to enable Authority A to make the payment in accordance with that paragraph; and
ii
the date on which Authority B receives any such payment.
.
Extended payments – consequential amendments to the Council Tax Benefit (State Pension Credit) Regulations
11
1
The Council Tax Benefit (State Pension Credit) Regulations shall be amended as follows.
2
In regulation 2(1) (interpretation) —
a
for the definition of “extended payment (severe disablement allowance and incapacity benefit)” substitute —
“extended payment (qualifying contributory benefits)” means a payment of council tax benefit payable pursuant to regulation 44 of these Regulations or regulation 61 of the Council Tax Benefit Regulations 2006;
“extended payment period” means the period for which an extended payment is payable in accordance with regulation 44A of these Regulations or regulation 60A or 61A of the Council Tax Benefit Regulations 2006;
;
b
after the definition of “mobility supplement” insert —
“mover” means a claimant who changes the dwelling in which the claimant is resident and in respect of which the claimant is liable to pay council tax from a dwelling in the area of the appropriate authority to a dwelling in the area of the second authority;
;
c
after the definition of “net profit” insert —
“new dwelling” means, for the purposes of the definition of “second authority” and regulations 44C, 81 and 82, the dwelling to which a claimant has moved, or is about to move, in which the claimant is or will be resident ;
;
d
after the definition of “qualifying age for state pension credit” insert —
“qualifying contributory benefit” means —
severe disablement allowance;
incapacity benefit;
;
e
after the definition of “qualifying course” insert —
“qualifying income-related benefit” means —
income support;
income-based jobseeker’s allowance;
; and
f
after the definition of “second adult” insert —
“second authority” means the authority to which a mover is liable to make payments for the new dwelling;
.
3
In regulation 40 (maximum council tax benefit) —
a
in paragraph (1) for “paragraphs (2) to (5)” substitute “paragraphs (2) to (4)”; and
b
omit paragraph (5).
4
For regulation 41 (reduction where amount payable under regulation 60 of the Council Tax Benefit Regulations) substitute —
Amount payable during extended payment period when an extended payment is payable pursuant to regulation 60 or 61 of the Council Tax Benefit Regulations
41
1
This regulation applies where —
a
a claimant became entitled to an extended payment pursuant to regulation 60 of the Council Tax Benefit Regulations 2006 or an extended payment (qualifying contributory benefits) pursuant to regulation 61 of those Regulations; and
b
during the extended payment period, these Regulations become applicable to the claimant or the claimant’s partner in accordance with regulation 5 (persons who have attained the qualifying age for state pension credit).
2
Where this regulation applies, the amount of the extended payment payable to a claimant for any week during the extended payment period shall be the higher of —
a
the amount of the extended payment payable in accordance with regulation 60B(1)(a) of the Council Tax Benefit Regulations 2006 or the extended payment (qualifying contributory benefits) payable in accordance with regulation 61B(1)(a) of those Regulations, as the case may be;
b
the amount of council tax benefit to which a claimant would be entitled under the general conditions of entitlement of these Regulations, if regulation 60 (extended payments) or regulation 61 (extended payments (qualifying contributory benefits)) of the Council Tax Benefit Regulations 2006 did not apply to the claimant; or
c
the amount of council tax which the claimant’s partner would be entitled to under the general conditions of entitlement of these Regulations, if regulation 60 or regulation 61 of the Council Tax Benefit Regulations 2006 did not apply to the claimant.
3
Where this regulation applies, no amount of council tax benefit shall be payable by the appropriate authority during the extended payment period to a claimant’s partner under these Regulations for any week in the extended payment period.
.
5
Omit —
a
regulation 49 (date on which council tax benefit is to end where entitlement to severe disablement allowance or incapacity benefit ceases);
b
regulation 60(3) (priority to extended payment claims); and
c
Schedule 5 (extended payments (severe disablement allowance and incapacity benefit) of council tax benefit).
6
In Part 2 of Schedule 7 (awards where state pension credit is payable) —
a
in the heading to paragraph 9 after “state pension credit” insert, “or an extended payment (qualifying contributory benefits)”; and
b
after paragraph 9(2) add —
3
Where a claimant is entitled to an extended payment (qualifying contributory benefits) in accordance with regulation 44, the decision notice shall include a statement as to the matters set out in paragraph 9(1).
.
Signed by authority of the Secretary of State for Work and Pensions
James Plaskitt,
Parliamentary Under Secretary of State,
Department for Work and Pensions
1st April 2008


type: legislation

jurisdiction: UK

text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Export Control (Burma) Order 2008 and shall come into force on 23rd April 2008.
2
In this Order —
“the 1979 Act ” means the Customs and Excise Management Act 1979 ;
“Annex I items” means goods listed in Annex I to the Regulation (round logs, timber and timber products; coal and certain metals; precious and semi-precious stones);
“Annex II items” means goods or technology listed in Annex II to the Regulation (equipment which might be used for internal repression);
“Annex III items” means goods or technology listed in Annex III to the Regulation (equipment and technology used in logging and timber processing and certain mining operations);
“a Community authorisation” means an authorisation granted under Article 5(3), 8(2) or 9 of the Regulation;
“the customs and excise Acts” and “assigned matter” have the same meanings as in section 1 of the 1979 Act ;
“the Regulation” means Council Regulation (EC) No 194/2008 .
3
References in this Order to the Regulation are references to the Regulation as amended from time to time in accordance with the procedure set out in Article 18 of the Regulation.
Offences related to import, purchase and transport prohibitions
2
1
A person who contravenes any of the following provisions of the Regulation commits an offence —
a
Article 2(2)(a) (prohibition on import of Annex I items originating in or exported from Burma);
b
Article 2(2)(b) (prohibition on purchase of Annex I items located in Burma);
c
Article 2(2)(c) (prohibition on transporting Annex I items originating in or exported from Burma and going to a European Community destination).
2
A person who is knowingly concerned in an activity, other than the importation of goods to the United Kingdom, prohibited by Article 2(2)(a), (b) or (c) of the Regulation with intent to evade the prohibition in that Article commits an offence and may be arrested.
3
A person who contravenes Article 2(2)(d) (prohibition on participation, knowingly and intentionally, in activities whose object or effect is, directly or indirectly, to circumvent the prohibition in Article 2(2)(a), (b) or (c)) of the Regulation commits an offence and may be arrested.
Offences related to sale, supply, transfer and export prohibitions
3
1
A person who contravenes Article 4 (prohibition on sale etc. to Burma of Annex II items) of the Regulation, except by exporting goods from the United Kingdom, commits an offence.
2
A person who is knowingly concerned in an activity, other than the exportation of goods from the United Kingdom, prohibited by Article 4 of the Regulation with intent to evade the prohibition in that Article commits an offence and may be arrested.
Offences related to export authorisation requirement
4
1
A person who —
a
does an act for which an authorisation is required by Article 5(3) (authorisation required for export to Burma of Annex III items) of the Regulation, and
b
does not have the required authorisation
commits an offence.
2
A person who —
a
is concerned in an activity for which an authorisation is required by Article 5(3) of the Regulation,
b
does not have the required authorisation, and
c
is knowingly concerned in that activity with intent to evade the restriction in that Article
commits an offence and may be arrested.
Offences related to technical assistance prohibitions
5
1
A person who contravenes any of the following provisions of the Regulation commits an offence —
a
Article 7(1)(a) (prohibition on provision to Burma of technical assistance related to military activities etc.);
b
Article 7(2)(a) (prohibition on provision to Burma of technical assistance related to Annex II items).
2
A person who is knowingly concerned in an activity prohibited by Article 7(1)(a) or (2)(a) of the Regulation with intent to evade the prohibition in that Article commits an offence and may be arrested.
Offences related to financial assistance prohibitions
6
1
A person who contravenes —
a
Article 7(1)(b) (prohibition on provision to Burma of financial assistance related to military activities etc.);
b
Article 7(2)(b) (prohibition on provision to Burma of financial assistance related to Annex II items); or
c
Article 7(3) (prohibition on provision to certain entities in Burma of financial assistance related to Annex III items)
of the Regulation commits an offence unless Article 7(6) (defence that person did not know of and had no reasonable cause to suspect infringement) of the Regulation applies.
2
A person who is knowingly concerned in an activity prohibited by Article 7(1)(b), (2)(b) or (3) of the Regulation with intent to evade the prohibition in that Article commits an offence and may be arrested.
Offence related to technical and financial assistance anti-avoidance provision
7
A person who contravenes Article 7(5) (prohibition on participation, knowingly and intentionally, in activities the object or effect of which is to circumvent the prohibition in Article 7(1), (2) or (3)) of the Regulation commits an offence and may be arrested.
Offences related to technical assistance authorisation requirement
8
1
A person who —
a
does an act for which an authorisation is required by Article 8(2) (authorisation required for provision to Burma of technical assistance related to Annex III items) of the Regulation, and
b
does not have the required authorisation
commits an offence.
2
A person who —
a
is concerned in an activity for which an authorisation is required by Article 8(2) of the Regulation,
b
does not have the required authorisation, and
c
is knowingly concerned in that activity with intent to evade the restriction in that Article
commits an offence and may be arrested.
Offences related to Community authorisations
9
1
If, for the purpose of obtaining a Community authorisation, a person —
a
makes any statement or furnishes any document or information which to that person’s knowledge is false in a material particular; or
b
recklessly makes any statement or furnishes any document or information which is false in a material particular,
that person commits an offence; and any Community authorisation granted in connection with the application for which the false statement was made or the false document or information furnished shall be void from the time it was granted.
2
A person who, having acted under the authority of a Community authorisation, fails to comply with any of the requirements or conditions to which the Community authorisation is subject commits an offence, unless —
a
the Community authorisation was modified after the completion of the act authorised; and
b
the alleged failure to comply would not have been a failure had the Community authorisation not been so modified.
Penalties
10
1
A person guilty of an offence under article 2(1), 3(1), 4(1), 5(1), 6(1) or 8(1) of this Order is liable on summary conviction to a fine not exceeding level 3 on the standard scale.
2
A person guilty of an offence under article 2(2) or (3), 4(2), 5(2), 6(2), 7, 8(2) or 9 of this Order is liable —
a
on conviction on indictment, to imprisonment for a term not exceeding two years or a fine (or both);
b
on summary conviction, to imprisonment for a term not exceeding three months or to a fine not exceeding the statutory maximum (or both).
3
Subject to paragraphs (4) and (5), a person guilty of an offence under article 3(2) of this Order is liable —
a
on conviction on indictment, to imprisonment for a term not exceeding ten years or to a fine (or both);
b
on summary conviction —
i
in England and Wales, to imprisonment for a term not exceeding twelve months or to a fine not exceeding the statutory maximum (or both);
ii
in Scotland or Northern Ireland, to imprisonment for a term not exceeding six months or to a fine not exceeding the statutory maximum (or both).
4
In relation to an offence that is not committed in the United Kingdom or by a United Kingdom person —
a
for “ten years” in paragraph (3)(a) substitute “two years”; and
b
for paragraph (3)(b) substitute —
b
on summary conviction, to imprisonment for a term not exceeding three months or to a fine not exceeding the statutory maximum (or both).
5
In relation to an offence committed before the commencement of section 154(1) of the Criminal Justice Act 2003 , for “twelve months” in paragraph (3)(b)(i) substitute “six months”.
6
In the case of an offence committed in connection with a prohibition or restriction in Article 4 of the Regulation, sections 68(3)(b) and 170(3)(b) of the 1979 Act shall have effect as if for the words “7 years” there were substituted the words “10 years”.
Application of the 1979 Act
11
1
Where the Commissioners for Her Majesty’s Revenue and Customs investigate or propose to investigate any matter with a view to determining —
a
whether there are grounds for believing that an offence under this Order has been committed; or
b
whether a person should be prosecuted for such an offence,
the matter shall be treated as an assigned matter.
2
Section 77A of the 1979 Act (provision as to information powers) shall apply to a person concerned in an activity which, if not authorised by a Community authorisation, would contravene Article 2, 4, 5, 7 or 8 of the Regulation and accordingly references in section 77A of the 1979 Act to exportation shall be read as including any such activity.
3
Section 138 of the 1979 Act (provision as to arrest of persons) shall apply to the arrest of a person for an offence under this Order as it applies to the arrest of a person for an offence under the customs and excise Acts.
4
Sections 145 , 146 , 146A , 147 , 148, 150 , 151 , 152 , 154 , and 155 of the 1979 Act (proceedings for offences, mitigation of penalties, proof and other matters) shall apply in relation to offences and penalties under this Order as they apply in relation to offences and penalties under the customs and excise Acts.
Revocation of secondary legislation relating to restrictive measures against Burma
12
The Burma (Sale, Supply, Export, Technical Assistance, Financing and Financial Assistance) (Penalties and Licences) Regulations 2006 are revoked.
Malcolm Wicks
Minister of State for Energy
Department for Business, Enterprise and Regulatory Reform
21st April 2008


text:
Citation and commencement
1
These Regulations may be cited as the Wireless Telegraphy (Register) (Amendment) Regulations 2008 and shall come into force on 2nd April 2008 .
Amendment of the Wireless Telegraphy (Register) Regulations 2004
2
Part 4 of the Schedule to The Wireless Telegraphy (Register) Regulations 2004 is amended by inserting at the end of Column 2, “1452–1492 MHz ”.
Philip Rutnam
Partner, Spectrum Policy
For and by authority of the Office of Communications
12th March 2008


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Community Legal Service (Funding) (Counsel in Family Proceedings) (Amendment) Order 2008 and comes into force on 1st April 2008.
2
In this Order a reference to an article by number alone is a reference to the article so numbered in the Community Legal Service (Funding) (Counsel in Family Proceedings) Order 2001 .
Amendments to the Community Legal Service (Funding) (Counsel in Family Proceedings) Order 2001
2
The Community Legal Service (Funding) (Counsel in Family Proceedings) Order 2001 is amended as follows.
3
In article 2 (Interpretation) —
a
for the definition of “Advocates Meeting” substitute —
“Advocates’ Meeting” means an Advocates’ Meeting held face to face under paragraph 4.5 or 5.2 of the Children Act Protocol or stage 2 or 3 of the Public Law Outline;
;
b
in the definition of “Case Management Conference” omit “Draft”;
c
omit the definition of “Draft Public Law Outline”;
d
in the definition of “Issues Resolution Hearing” omit “Draft”;
e
after the definition of “the primary hearing unit” insert —
“Public Law Outline” means the outline set out in the table following paragraph 9 of the Practice Direction, Guide to Case Management in Public Law Proceedings, made by the President of the Family Division on 15th January 2008 ;
.
4
In article 2D (Function F4) —
a
in paragraph (1) after “video conference” insert “, or an Advocates’ Meeting under the Public Law Outline in proceedings other than care proceedings”;
b
in paragraph (3) for “and advice” substitute “, advising and drafting”.
5
In article 2E (Function F5) —
a
in paragraph (1)(b)(ii) omit “Draft”;
b
after paragraph (1) insert —
1A
Where, in care proceedings, there is more than one Issues Resolution Hearing, paragraph (1)(b)(ii) applies only to the first such Hearing.
.
6
After article 6(1) (Mixed and multiple claims) insert —
1A
For the purposes of paragraph (1), work carried out in connection with an Advocates’ Meeting referred to in article 2D(1) shall be excluded.
.
7
For article 8(1) (Hearing units) substitute —
1
Where —
a
preparatory work for a hearing is carried out but that hearing does not take place; or
b
preparatory work for the main hearing is carried out but counsel is prevented from representing his client because —
i
he has withdrawn from the proceedings with the permission of the court because of his professional code of conduct or to avoid embarrassment in the exercise of his profession; or
ii
he has been dismissed by his client,
one half of a single relevant hearing unit fee, without special issue payments or court bundle payments, shall be paid.
1A
For the purposes of paragraph (1)(a) “hearing” in care proceedings includes —
a
a Case Management Conference;
b
a Pre-Hearing Review;
c
an Issues Resolution Hearing.
1B
Where, in care proceedings, the advocates concerned are able to discuss all relevant matters without the need for an Advocates’ Meeting under paragraph 5.2 of the Children Act Protocol or stage 2 or 3 of the Public Law Outline, one half of a single function F3 hearing unit fee, without special issue payments or court bundle payments, shall be paid.
.
8
In article 8(3) —
a
in sub-paragraph (d)(ii) omit “Draft”;
b
after sub-paragraph (d) insert —
dd
where, in care proceedings, there is more than one Issues Resolution Hearing, sub-paragraph (d) applies only to the first such Hearing;
.
9
After article 9(2) (Special issue payments) insert —
2A
Where work is carried out under function F3 or F4 in connection with an Advocates’ Meeting, the relevant hearing under paragraph (2) is the associated Case Management Conference, Issues Resolution Hearing or Pre-Hearing Review, as the case may be .
.
Signed by authority of the Lord Chancellor
Hunt
Parliamentary Under Secretary of State
Ministry of Justice
10th March 2008


text:
Citation and commencement
1
These Regulations may be cited as The Wireless Telegraphy (Exemption) (Amendment) Regulations 2008 and shall come into force on 27th February 2008.
Amendment of the Wireless Telegraphy (Exemption) Regulations 2003
2
1
The Wireless Telegraphy (Exemption) Regulations 2003 are amended in accordance with the following paragraph of this regulation.
2
In Schedule 7 (PMR 446), in Part III (interface requirement) for the entry relating to IR 2009 substitute the following entry —
IR 2009 – UK Radio Interface Requirement for Private Mobile Radio operating in the licence exempt analogue PMR446 and Digital PMR446 bands, published by OFCOM in November 2007.
.
Ed Richards
Chief Executive of the Office of Communications
For and by the authority of the Office of Communications
6th February 2008


text:
Title, Commencement and Interpretation
1
1
The title of this Order is the North Glamorgan National Health Service Trust (Transfer of Staff, Property, Rights and Liabilities) Order 2008 and it comes into force on 1 April 2008.
2
In this Order unless the context otherwise requires;
“the old trust” (“ yr hen ymddiriedolaeth ”) means the North Glamorgan National Health Service Trust established on 19 February 1996;
“the transfer date” (“ y dyddiad trosglwyddo ”) means the 1 April 2008;
“the new trust” (“ yr ymddiriedolaeth newydd ”) means the Cwm Taf National Health Service Trust established on 12 March 2008.
Transfer of employees to the transferee
2
1
Subject to paragraph (3), any person who immediately before the transfer date, was employed by the old trust shall have their contract of employment transferred to the new trust on the transfer date and that contract will have effect as if originally made between the person so employed and the new trust.
2
Without prejudice to paragraph (1) above —
a
all the rights, powers, duties and liabilities under or in connection with a contract to which that paragraph applies will, by virtue of this article, be transferred to the new trust on the transfer date;
b
anything done before that date by, or in relation to, the old trust in respect of that contract or that employee, will be deemed from the transfer date to have been done by, or in relation to, the new trust.
3
Paragraphs (1) and (2) are without prejudice to any right of any employee to terminate his or her contract of employment if a substantial change is made to his or her detriment in his or her working conditions, but no such right shall arise by reason only of the change in employer effected by this article.
Transfer of property, rights and liabilities
3
On the transfer date all the property, rights and liabilities of the old trust, not referred to in article 2 above, shall be transferred to the trust, including without limitation —
a
The duty to prepare the outstanding accounts of the old trust and to perform all statutory duties relating to those accounts;
b
The trust property of the old trust listed in schedule 1.
c
The charities of the old trust listed in schedule 2.
Transfer of functions of the old trust to the new trust
4
With effect from the transfer date, all the functions of the old trust are transferred to the new trust.
Edwina Hart
Minister for Health and Social Services, one of the Welsh Ministers
28 March 2008


text:
Citation, commencement and effect
1
1
These Regulations may be cited as the Stamp Duty and Stamp Duty Reserve Tax (Investment Exchanges and Clearing Houses) (Eurex Clearing AG) (Amendment) Regulations 2008 and shall come into force on 19th February 2008.
2
These Regulations shall have effect —
a
for the purposes of the charge to stamp duty, in relation to instruments executed on or after 19th February 2008;
b
for the purposes of the charge to stamp duty reserve tax —
i
in the case of agreements to transfer equities which are not conditional, in relation to agreements made on or after 19th February 2008;
ii
in the case of agreements to transfer equities which are conditional, in relation to agreements where the condition is satisfied on or after that date.
Interpretation
2
In these Regulations, “the principal Regulations ” means the Stamp Duty and Stamp Duty Reserve Tax (Investment Exchanges and Clearing Houses) (Eurex Clearing AG) Regulations 2007 .
Amendment of the principal Regulations
3
The principal Regulations are amended as follows.
4
1
Regulation 2 (interpretation) is amended as follows.
2
In the definition of “clearing member”, in paragraph (1)(b)(ii), for the words “a member of that exchange who is not a clearing member” substitute “a non-clearing member”.
3
In the definition of “Eurex Clearing AG”, delete the words from “in its capacity” to the end.
4
Insert the following definition before the definition of “option” —
“non-clearing member” means a member of the Eurex exchange who is not a clearing member, in his capacity as such or in his capacity as a person who is a party to a transaction with a clearing member which is otherwise permitted to be cleared by the rules of Eurex Clearing AG;
.
5
1
Regulation 3 (prescription of recognised clearing house) is amended as follows.
2
For regulation 3, substitute —
Prescription of recognised investment exchanges and recognised clearing house
3
For the purposes of sections 116 and 117 of the Finance Act 1991 —
a
Eurex Deutschland is prescribed as a recognised investment exchange;
b
Eurex Zurich is prescribed as a recognised investment exchange; and
c
Eurex Clearing AG is prescribed as a recognised clearing house.
6
At the end of Regulation 4, insert —
Here, and in regulation 5, references to Eurex Clearing AG are references to that clearing house in its capacity as a person providing clearing services in connection with a transaction made on the Eurex exchange or otherwise permitted to be cleared by the rules of that clearing house.
7
1
Regulation 5 (transfers of securities from Eurex Clearing AG – prescribed circumstances) is amended as follows.
2
In paragraph (a), delete “or”.
3
After paragraph (b), insert —
c
a non-clearing member, or
d
a person whose business is or includes holding such equities as a nominee for a non-clearing member,
.
4
In consequence of the amendments made by this regulation, in the heading of regulation 5 of the principal Regulations, after the words “Eurex Clearing AG”, insert “or a non-clearing member”.
Frank Roy
Steve McCabe
Two of the Lords Commissioners of Her Majesty’s Treasury
28th January 2008