Strategic elements
5. Legal Duties
Apply all legislation relating to Housing Benefit and Council Tax Support
5.1 The following main primary and secondary legislation govern the administration of Housing Benefit and Council Tax Support
- Social Security Contributions and Benefits Act 1992
- Social Security Administration Act 1992
- Housing Benefit Regulations 2006
- Housing Benefits (state Pension credit) regulations 2006
- Housing Benefit and Council Tax Benefit (consequential Provisions) regulations 2006
- Housing Benefit and Council Tax Benefit (Decisions and Appeals) Regulations 2001
- Harrow’s Council Tax Support scheme 2019/20
- Universal Credit Regulations 2013
- Universal Credit (Transitional Provisions) Regulations 2014.
- Universal Credit (Managed Migration) Regulations 2018.
5.2 The Housing Benefit and Council Tax Support regulations cover the following specific aspects of delivering a benefits service
- Provisions affecting entitlement to Housing Benefit and Council Tax Support
- Rent
- Membership of a family and non-dependants
- Applicable Amounts 4
- Assessment of income and capital
- Students
- Claims – what is a claim
- Appeals and disputes
- Payments
- Subsidy
- Overpayments
- Supported accommodation and temporary accommodation
- Specific legislation covers the requirement of Housing Benefit to cease in place of Universal Credit
5.2 In summary, LAs administering benefits under a legal duty to:
- Establish if a claimant is liable to pay rent or council tax
- Decide whether a claim for housing costs should be made for Housing Benefit or Universal Credit
- Decide the value of rent or council tax liability for benefit purposes
- Identify all members of a claimant’s family and household
- Calculate the claimant’s Applicable Amount
- Assess the value of income and capital for benefit purposes
- Ensure that claims are legally made
- Respond to requests for reviews or appeals of Housing Benefit and Council Tax Support decisions
- Pay the correct amount to the appropriate payee
- Accurately identify and calculate overpayments of Housing Benefit and Council Tax Support
5.3 In addition, LAs administering benefits encouraged to adopt best practice published by the DWP and DHCLG and to comply with the Council’s duties in respect to homelessness, safeguarding and to protect public funds.
5.4Operational procedures provide for each legal duty to be implemented. Various internal and external auditors inspect the Benefits Service to ensure compliance with each legal duty.