The Social Security (Housing Costs Special Arrangements) (Amendment and Modification) Regulations 2008 (S.I.2008 No.3195); the Social Security (Housing Costs Special Arrangements) (Amendment) Regulations 2009 (S.I.2009 No.3257)

The Social Security (Housing Costs Special Arrangements) Regulations 2009 were introduced to make amendments to the 2008 Regulations to ensure that they fully reflect the original policy intention. This report presents the Committee's concerns about both sets of regulations and the Government's response to those concerns.

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On 2 September 2008, in response to the economic downturn, the Government announced a package of measures to support vulnerable homeowners and the housing industry, aimed at reducing the likelihood of repossession action. This package included a number of temporary changes for working age customers to Support for Mortgage Interest (SMI). Accordingly, the Social Security (Housing Costs Special Arrangements) (Amendment and Modification) Regulations 2008 were made and laid on 15 December 2008, and came into force from 5 January 2009. The Regulations were not referred to the Social Security Advisory Committee as the then Secretary of State decided that it was inexpedient to refer them to the Committee because of the urgency of the matter. The Regulations were subsequently referred to the Committee on 7 January 2009 in accordance with section 173(2) of the Social Security Administration Act 1992. The Social Security (Housing Costs Special Arrangements) Regulations 2009 were later introduced to make amendments to the 2008 Regulations to ensure that they fully reflect the original policy intention and further clarifies where the new rules are intended to apply.
This report presents the Committee's concerns about both sets of regulations and the Government's response to those concerns. The Government has not felt it appropriate to give effect to the Committee's recommendations in full. It does not agree with the Committee's view that the 104 week limit for SMI for those receiving Jobseeker's Allowance should be revoked or that the Regulations should be extended to those claimants in receipt of Incapacity Benefit at 4 January 2009 and in the waiting period for housing costs, and to other claimants already in receipt of housing costs before the Regulations were brought into force.