
1 

(1) These Regulations may be cited as the Housing Benefit and Council Tax Benefit (Extended Payments) Regulations 2001 and shall come into force on 9th April 2001.
(2) In these Regulations—
 “the Council Tax Benefit Regulations” means the Council Tax Benefit (General) Regulations 1992;
 “the Housing Benefit Regulations” means the Housing Benefit (General) Regulations 1987.
2 
In the definition of “an income-based jobseeker’s allowance” in regulation 2(1) of both the Council Tax Benefit Regulations and the Housing Benefit Regulations (interpretation), for the words “has the same meaning in these Regulations as it has” there shall be substituted the words “and “a joint-claim jobseeker’s allowance” have the same meaning as they have”.
3 

(1) Regulation 62A of the Housing Benefit Regulations (extended payments) shall be amended in accordance with the following provisions of this regulation.
(2) In paragraph (1)—
(a) for the words “Subject to paragraph (2)” there shall be substituted the words “Subject to paragraphs (2) and (2A), this paragraph shall apply”;
(b) at the end of sub-paragraph (a) there shall be added the word “and”;
(c) sub-paragraph (b) shall be omitted;
(d) the words from “, then that person's” to the end of the paragraph shall be omitted.
(3) In paragraph (1A)—
(a) for the words “Subject to paragraph (2)” there shall be substituted the words “Subject to paragraphs (2) and (2A), this paragraph shall apply”;
(b) the words “his housing benefit shall be determined in accordance with Part II of Schedule 5A” shall be omitted.
(4) For paragraph (1B) there shall be substituted the following paragraph—“
(1B) A person to whom paragraph (1) or (1A) applies shall be treated as having made a claim under this regulation, his housing benefit shall be determined in accordance with Part II of Schedule 5A and any award so determined shall be referred to in these Regulations as an “extended payment”.”.
(5) After paragraph (2) there shall be inserted the following paragraph—“
(2A) No extended payment shall be payable to a person where, as at the day before the day on which his entitlement to income support ceased, regulation 6(5) of the Income Support (General) Regulations 1987 (persons not treated as engaged in remunerative work) applied to him.”.
(6) In sub-paragraph (a)(ii) of paragraph (5), for the words after “other case” to the end of that head there shall be substituted the words—“
(aa) during the 4 weeks immediately following the end of the relevant benefit period; or
(bb) until the date on which his liability for rent ends,whichever occurs first; and”.
(7) After paragraph (5) there shall be added the following paragraph—“
(6) In paragraph (1), references to a “person” include references to a person’s partner.”.
4 
At the end of regulation 72(14)(c) of the Housing Benefit Regulations (time and manner in which claims are to be made), there shall be added the words “or has notified the appropriate authority that regulation 6(5) of the Income Support (General) Regulations 1987 (persons not treated as engaged in remunerative work) applies to that person”.
5 
In regulation 76 of the Housing Benefit Regulations (who is to make a determination)—
(a) in sub-paragraph (a) of paragraph (4)—
(i) for the words “has claimed an extended payment within 7 days” there shall be substituted the words “made the notification specified in paragraph 3 of Schedule 5A within 14 days”; and
(ii) after the words “(“the appropriate day”)” there shall be inserted the words “and is treated as having claimed an extended payment under regulation 62A(1B)”; and
(b) in paragraph (5) for the words “claimed an extended payment” there shall be substituted the words “met the conditions specified in sub-paragraph (a) of paragraph (4)”.
6 

(1) Schedule 5A to the Housing Benefit Regulations (extended payments of housing benefit) shall be amended in accordance with the following provisions of this regulation.
(2) In paragraph 2—
(a) in sub-paragraph (a)—
(i) after the word “claimant” there shall be inserted the words “or his partner”;
(ii) after the word “allowance” there shall be inserted the words “or that the claimant and his partner were entitled to and in receipt of a joint-claim jobseeker’s allowance”;
(b) sub-paragraph (c) shall be omitted;
(c) in sub-paragraph (e)—
(i) the words “in any of, or any combination of, the circumstances set out in sub-paragraph (c)” shall be omitted; and
(ii) in head (i) the word “and” where it last appears shall be omitted;
(iii) at the end of head (ii) there shall be added the words “and for the purposes of this sub-paragraph, a reference to the claimant being entitled to and in receipt of a jobseeker’s allowance shall include a reference to the claimant and his partner being entitled to and in receipt of a joint-claim jobseeker’s allowance”;
(iv) at the end there shall be added the following—“and
(iv) references to the claimant include references to his partner.”.
(3) For paragraph 3 there shall be substituted the following paragraph—“
3 
The conditions prescribed in this paragraph are that the claimant or the claimant’s partner—
(a) notifies either the designated office or an appropriate DSS office that he or his partner—
(i) has commenced, or is about to commence, remunerative work; or
(ii) has commenced, or is about to commence, receiving remuneration for work or an increased amount of remuneration for work,
so that entitlement to income support or to an income-based jobseeker’s allowance ceases and that work, or as the case may be, remuneration, is expected to last 5 weeks or more; and
(b) makes that notification no later than 4 weeks after the day on which the claimant or his partner first undertakes the remunerative work referred to in sub-paragraph (a)(i) or first receives remuneration for the work or an increased amount of remuneration for the work referred to in sub-paragraph (a)(ii).”.
(4) In paragraph 4—
(a) in sub-paragraph (4), at the beginning there shall be inserted the words “Subject to sub-paragraph (5)”; and
(b) after sub-paragraph (4) there shall be added the following sub-paragraph—“
(5) No extended payment shall be payable for a week which is a rent free period for the purposes of regulation 70(1).”.
(5) In paragraph 12(1), the definition of “relevant trainee” shall be omitted.
7 
In regulation 5 of the Housing Benefit (Supply of Information) Regulations 1988 (information to be supplied by an authority to another authority)—
(a) in paragraph (3)—
(i) at the end of sub-paragraph (aa), the word “and” shall be omitted;
(ii) after sub-paragraph (aa) there shall be inserted the following sub-paragraph—“(ab) in the case of a person to whom regulation 6(5) of the Income Support (General) Regulations 1987 (persons not treated as engaged in remunerative work) applies—
(i) the date on which he was first engaged in the work referred to in sub-paragraph (a) of regulation 6(5) of those Regulations; and
(ii) the date on which his entitlement to income support ceased or was expected to cease; and”;
(b) paragraph (5) shall be omitted.
8 

(1) Regulation 53A of the Council Tax Benefit Regulations (extended payments) shall be amended in accordance with the following provisions of this regulation.
(2) In paragraph (1)—
(a) for the words “Subject to paragraph (2)” there shall be substituted the words “Subject to paragraphs (2) and (2A), this paragraph shall apply”;
(b) sub-paragraph (b) shall be omitted;
(c) the words from “, then that person's” to the end of the paragraph shall be omitted.
(3) In paragraph (1A)—
(a) for the words “Subject to paragraph (2)” there shall be substituted the words “Subject to paragraphs (2) and (2A), this paragraph shall apply”;
(b) the words “his council tax benefit shall be determined in accordance with Part II of Schedule 5A” shall be omitted.
(4) For paragraph (1B) there shall be substituted the following paragraph—“
(1B) A person to whom paragraph (1) or (1A) applies shall be treated as having made a claim under this regulation, his council tax benefit shall be determined in accordance with Part II of Schedule 5A and any award so determined shall be referred to in these Regulations as an “extended payment”.”.
(5) After paragraph (2) there shall be inserted the following paragraph—“
(2A) No extended payment shall be payable to a person where, as at the day before the day on which his entitlement to income support ceased, regulation 6(5) of the Income Support (General) Regulations 1987 (persons not treated as engaged in remunerative work) applied to him.”.
(6) In sub-paragraph (a)(ii) of paragraph (5), for the words after “other case” to the end of that head there shall be substituted the words—“
(aa) during the 4 weeks immediately following the end of the relevant benefit period; or
(bb) until the date on which his liability for council tax ends,whichever occurs first; and”.
(7) After paragraph (5) there shall be added the following paagraph—“
(6) In paragraph (1), references to a “person” includes references to a person’s partner.”.
9 
At the end of regulation 62(15)(c) of the Council Tax Benefit Regulations (time and manner in which claims are to be made), there shall be added the words “or has notified the appropriate authority that regulation 6(5) of Income Support (General) Regulations 1987 (persons not treated as engaged in remunerative work) applies to that person”.
10 
In regulation 66 of the Council Tax Benefit Regulations (who is to make a determination)—
(a) in sub-paragraph (a) of paragraph (4)—
(i) for the words “has claimed an extended payment within 7 days” there shall be substituted the words “made the notification specified in paragraph 3 of Schedule 5A within 14 days”; and
(ii) after the words “(“the appropriate day”)” there shall be inserted the words “and is treated as having claimed an extended payment under regulation 53A(1B)”; and
(b) in paragraph (5), for the words “claimed an extended payment” there shall be substituted the words “meeting the conditions specified in sub-paragraph (a) of paragraph (4)”.
11 
In regulation 95 of the Council Tax Benefit Regulations (information to be supplied by an authority to another authority)—
(a) in paragraph (3)—
(i) at the end of sub-paragraph (aa), the word “and” shall be omitted;
(ii) after sub-paragraph (aa) there shall be inserted the following sub-paragraph)—“(ab) in the case of a person to whom regulation 6(5) of the Income Support (General) Regulations 1987 (persons not treated as engaged in remunerative work) applies—
(i) the date on which he was first engaged in the work referred to in sub-paragraph (a) of regulation 6(5) of those Regulations; and
(ii) the date on which his entitlement to income support ceased or was expected to cease; and”;
(b) paragraph (5) shall be omitted.
12 

(1) Schedule 5A to the Council Tax Benefit Regulations (extended payments of council tax benefit) shall be amended in accordance with the following provisions of this regulation.
(2) In paragraph 2—
(a) in sub-paragraph (a)—
(i) after the word “claimant” there shall be inserted the words “or his partner”;
(ii) after the word “allowance” there shall be inserted the words “or that the claimant and his partner were entitled to and in receipt of a joint-claim jobseeker’s allowance”;
(b) sub-paragraph (c) shall be omitted; and
(c) in sub-paragraph (e)—
(i) the words “in any of, or any combination of, the circumstances set out in sub-paragraph (c)” shall be omitted; and
(ii) in head (i) the word “and” where it last appears shall be omitted;
(iii) at the end of head (ii) there shall be added the words “and for the purposes of this sub-paragraph, a reference to the claimant being entitled to and in receipt of a jobseeker’s allowance shall include a reference to the claimant and his partner being entitled to and in receipt of a joint-claim jobseeker’s allowance”;
(iv) at the end there shall be added the following—“and
(iv) references to the claimant include references to his partner.”.
(3) For paragraph 3 there shall be substituted the following paragraph—“
3 
The conditions prescribed in this paragraph are that the claimant or the claimant’s partner—
(a) notifies either the designated office or an appropriate social security office that he or his partner—
(i) has commenced, or is about to commence, remunerative work; or
(ii) has commenced, or is about to commence, receiving remuneration for work or an increased amount of remuneration for work,
so that entitlement to income support or to an income-based jobseeker’s allowance ceases and that work, or as the case may be, remuneration, is expected to last 5 weeks or more; and
(b) makes that notification no later than 4 weeks after the day on which the claimant or his partner first undertakes the remunerative work referred to in sub-paragraph (a)(i) or first receives remuneration for the work or an increased amount of remuneration for the work referred to in sub-paragraph (a)(ii).”.
(4) In paragraph 8(1), the definition of “relevant trainee” shall be omitted.
Signed by authority of the Secretary of State for Social Security.
P. Hollis
Parliamentary Under-Secretary of State,
Department of Social Security
22nd February 2001