uksi/2026/271
uksi/2026/271 — The Discretionary Financial Assistance and Discretionary Housing Payments (Amendment and Revocation) Regulations 2026
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Analyze this law with AI2026 No. 271
SOCIAL SECURITY, ENGLAND AND WALES
The Discretionary Financial Assistance and Discretionary Housing Payments (Amendment and Revocation) Regulations 2026
Made
at 9.20 a.m. on 11th March 2026
Laid before Parliament
at 2.30 p.m. on 11th March 2026
Coming into force
1st April 2026
The Secretary of State makes these Regulations in exercise of the powers conferred by sections 140B(1), 140C(1), (1A), (2) and (4) and 189(4), (5) and (6) of the Social Security Administration Act 1992 (“ the Administration Act ”) and sections 69(1), (2), (4), (5) and (7) and 70(2), (3), (4), (6) and (7) of the Child Support, Pensions and Social Security Act 2000 .
In accordance with section 189(8) of the Administration Act , the Secretary of State has obtained the consent of the Treasury.
In accordance with section 173(1)(b) of the Administration Act, the Social Security Advisory Committee has agreed that the proposals in respect of these Regulations should not be referred to it.
In accordance with section 176(1)(aa) and 176(1)(b) of the Administration Act , the Secretary of State has consulted with organisations appearing to the Secretary of State to be representative of the authorities concerned.
Citation, commencement, extent and application
1
1
These Regulations may be cited as the Discretionary Financial Assistance and Discretionary Housing Payments (Amendment and Revocation) Regulations 2026 and come into force on 1st April 2026.
2
These Regulations extend to England and Wales.
3
Regulation 1 applies to England and Wales.
4
Regulation 2 applies to England only.
5
Regulation 3 applies to Wales only.
Revocations
2
The Regulations and Orders specified in the first column of the table in the Schedule are revoked to the extent specified in the third column of that table.
Amendment of the Discretionary Housing Payments (Grants) Order 2001
3
1
The Discretionary Housing Payments (Grants) Order 2001 is amended as follows.
2
In article 3 (claims), in paragraph (3)(a) omit “in the case of a relevant authority in England and Wales,”.
3
Omit article 7 (limit on total expenditure).
Signed by authority of the Secretary of State for Work and Pensions
Stephen Timms
Minister of State
Department for Work and Pensions
at 9.20 a.m. on 11th March 2026
We consent,
Christian Wakeford
Gen Kitchen
Two of the Lords Commissioners of His Majesty's Treasury
10th March 2026
Schedule
Regulations and Orders revoked in relation to England
Regulation 2
Regulations and Orders revoked Reference Extent of revocation
The Discretionary Financial Assistance Regulations 2001 S.I. 2001/1167 The whole regulations The Social Security (Breach of Community Order) (Consequential Amendments) Regulations 2001 S.I. 2001/1711 Regulation 2(6) The Discretionary Housing Payments (Grants) Order 2001 S.I. 2001/2340 The whole order The Social Security (Loss of Benefit) (Consequential Amendments) Regulations 2002 S.I. 2002/490 Regulation 10 The Discretionary Housing Payments (Grants) Amendment Order 2004 S.I. 2004/2329 The whole order The Discretionary Housing Payments (Grants) Amendment Order 2005 S.I. 2005/2052 The whole order The Housing Benefit and Council Tax Benefit (Consequential Provisions) Regulations 2006 S.I. 2006/217 Paragraph 18 of Schedule 2 The Housing Benefit (Loss of Benefit) (Pilot Scheme) (Supplementary) Regulations 2007 S.I. 2007/2474 Regulation 9 The Discretionary Financial Assistance (Amendment) Regulations 2008 S.I. 2008/637 The whole regulations The Discretionary Housing Payments (Grants) Amendment Order 2008 S.I. 2008/1167 The whole order The Welfare Reform Act 2009 (Section 26) (Consequential Amendments) Regulations 2010 S.I. 2010/424 Regulation 5 The Jobseeker’s Allowance (Sanctions for Failure to Attend) Regulations 2010 S.I. 2010/509 Regulation 4(3) The Social Security (Loss of Benefit) Amendment Regulations 2010 S.I. 2010/1160 Regulation 8 The Jobseeker’s Allowance (Work for Your Benefit Pilot Scheme) Regulations 2010 S.I. 2010/1222 Regulation 19(1)(c) The Jobseeker’s Allowance (Mandatory Work Activity Scheme) Regulations 2011 S.I. 2011/688 Regulation 17(1)(c) The Council Tax Benefit Abolition (Consequential Provision) Regulations 2013 S.I. 2013/458 The entries in Schedule 1 that relate to the Discretionary Financial Assistance Regulations 2001 The Welfare Reform Act 2012 (Consequential Amendments) Regulations 2013 S.I. 2013/1139 The whole regulations The Income-related Benefits (Subsidy to Authorities) and Discretionary Housing Payments (Grants) Amendment Order 2014 S.I. 2014/1667 Article 2(2) The Universal Credit (Miscellaneous Amendments, Saving and Transitional Provision) Regulations 2018 S.I. 2018/65 Regulation 2 The Income-related Benefits (Subsidy to Authorities) and Discretionary Housing Payments (Grants) Amendment Order 2021 S.I. 2021/1031 Article 8
Explanatory Note
(This note is not part of the Regulations)
Regulation 2 of these Regulations revokes, in relation to England, the Discretionary Financial Assistance Regulations 2001 ( S.I. 2001/1167 ), which provide relevant authorities with a power to make discretionary housing payments and regulate the amount of the payments, how claims for payments are to be made and the procedures to be followed by local authorities. It also revokes the Discretionary Housing Payments (Grants) Order 2001 ( S.I. 2001/2340 ) (“ the 2001 Order ”), which sets out the basis on which local authorities may claim and be paid grants to reimburse the cost of making discretionary housing payments. It also revokes provisions amending those Regulations and that Order. Those Regulations and that Order continue to have effect in relation to Wales.
Regulation 3 amends article 3 of the 2001 Order, in relation to Wales, to remove the reference to ‘a relevant authority in England and Wales’ as the 2001 Order is revoked in relation to England. It also omits article 7 of the 2001 Order so that there is no limit on the expenditure on discretionary housing payments of local authorities in Wales for the financial year commencing on 1st April 2026 and subsequent financial years.
A full impact assessment has not been produced for this instrument as no, or no significant, impact on the private, voluntary sector or community bodies is foreseen.
