Reply To: Supported Accommodation Old Reg 11


The original saving provision was in the HB (General) Amendment Regs 1995 (SI 1995/1644), now revoked by Schedule 1 to the HB & CTB Consequential Provisions Regs 2006 (“the CP Regs”).

Instead, the CP Regs consolidate all the transitional measures in one place. They are in Schedule 3 to the CP Regs. The old Reg 11 rules are now in para 5 of Schedule 3, and the people to whom they apply are listed in para 4. Exempt accommodation is still there: para 4(1)(b) and 4(8) – the latter is where you’ll find the definition and it still includes charites etc who provide care support and supervision or engage others to do it on their behalf.

If the claimant’s home satisfies the exempt accommodation definition, then Regs 12 and 13 (the old Rehs 10 and 11) apply in the form set out at Sched 3.5 of the CP Regs, plus there is an additional Reg 13ZA (the old Reg 12 – unreasonable rent increases – which has no equivalent in the main 2006 Regs).

So the rules have not changed at all in substance, they are just written down in a different place.