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STATUTORY INSTRUMENTS
2026 No. 271
SOCIAL SECURITY, ENGLAND AND WALES
The Discretionary Financial Assistance
and Discretionary Housing Payments
(Amendment and Revocation) Regulations 2026
at 9.20 a.m. on 11th
Made - - - - March 2026
at 2.30 p.m. on 11th
Laid before Parliament 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”)(1) 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(2).
In accordance with section 189(8) of the Administration Act(3), 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(4), the Secretary
of State has consulted with organisations appearing to the Secretary of State to be representative of
the authorities concerned.
(1) 1992 c. 5. Sections 140B and 140C were inserted by paragraph 4 of Schedule 12 to the Housing Act 1996 (c. 52). Section
140B(1) was amended by paragraph 7 of Schedule 1 to the Social Security Administration (Fraud) Act 1997 (c. 47). Section
140C(1A) was inserted by paragraph 37 of Schedule 7 to the Local Government Act 2003 (c. 26). Sections 140B and 140C
were repealed by Part 1 of Schedule 14 to the Welfare Reform Act 2012 (c. 5) so far as they relate to the abolition of council
tax benefit. There are amendments to section 189(4), (5) and (6) which are not relevant to this instrument.
(2) 2000 c. 19. Section 69(1) was amended by paragraph 55 of Schedule 2 to the Welfare Reform Act 2012. Section 70(2) was
amended by Schedule 8 to the Local Government Act 2003.
(3) Relevant amendments were made by paragraph 3(5) of Schedule 13 to the Housing Act 1996 and paragraph 3 of Schedule 4
to the Tax Credits Act 2002 (c. 21).
(4) Section 176(1)(aa) was inserted by section 69(6) of the Child Support, Pensions and Social Security Act 2000. Section 176(1)
(b) was amended by paragraph 3(4) of Schedule 13 to the Housing Act 1996.Document Generated: 2026-04-01
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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(5) 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
at 9.20 a.m. on 11th March 2026 Department for Work and Pensions
We consent,
Christian Wakeford
Gen Kitchen
Two of the Lords Commissioners of His
10th March 2026 Majesty's Treasury
(5) S.I. 2001/2340; relevant amending instrument is S.I. 2014/1667.
2Document Generated: 2026-04-01
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Schedule Regulation 2
Regulations and Orders revoked in relation to England
Regulations and Orders Reference Extent of revocation
revoked
The Discretionary Financial S.I. 2001/1167 The whole regulations
Assistance Regulations 2001
The Social Security (Breach S.I. 2001/1711 Regulation 2(6)
of Community Order)
(Consequential Amendments)
Regulations 2001
The Discretionary Housing S.I. 2001/2340 The whole order
Payments (Grants) Order 2001
The Social Security (Loss S.I. 2002/490 Regulation 10
of Benefit) (Consequential
Amendments) Regulations
2002
The Discretionary Housing S.I. 2004/2329 The whole order
Payments (Grants) Amendment
Order 2004
The Discretionary Housing S.I. 2005/2052 The whole order
Payments (Grants) Amendment
Order 2005
The Housing Benefit S.I. 2006/217 Paragraph 18 of Schedule 2
and Council Tax Benefit
(Consequential Provisions)
Regulations 2006
The Housing Benefit (Loss S.I. 2007/2474 Regulation 9
of Benefit) (Pilot Scheme)
(Supplementary) Regulations
2007
The Discretionary Financial S.I. 2008/637 The whole regulations
Assistance (Amendment)
Regulations 2008
The Discretionary Housing S.I. 2008/1167 The whole order
Payments (Grants) Amendment
Order 2008
The Welfare Reform Act 2009 S.I. 2010/424 Regulation 5
(Section 26) (Consequential
Amendments) Regulations
2010
The Jobseeker’s Allowance S.I. 2010/509 Regulation 4(3)
(Sanctions for Failure to
Attend) Regulations 2010
3Document Generated: 2026-04-01
Status: This is the original version (as it was originally made). This
item of legislation is currently only available in its original format.
Regulations and Orders Reference Extent of revocation
revoked
The Social Security (Loss S.I. 2010/1160 Regulation 8
of Benefit) Amendment
Regulations 2010
The Jobseeker’s Allowance S.I. 2010/1222 Regulation 19(1)(c)
(Work for Your Benefit Pilot
Scheme) Regulations 2010
The Jobseeker’s Allowance S.I. 2011/688 Regulation 17(1)(c)
(Mandatory Work Activity
Scheme) Regulations 2011
The Council Tax Benefit S.I. 2013/458 The entries in Schedule 1
Abolition (Consequential that relate to the Discretionary
Provision) Regulations 2013 Financial Assistance
Regulations 2001
The Welfare Reform Act 2012 S.I. 2013/1139 The whole regulations
(Consequential Amendments)
Regulations 2013
The Income-related Benefits S.I. 2014/1667 Article 2(2)
(Subsidy to Authorities)
and Discretionary Housing
Payments (Grants) Amendment
Order 2014
The Universal Credit S.I. 2018/65 Regulation 2
(Miscellaneous Amendments,
Saving and Transitional
Provision) Regulations 2018
The Income-related Benefits S.I. 2021/1031 Article 8
(Subsidy to Authorities)
and Discretionary Housing
Payments (Grants) Amendment
Order 2021
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
4Document Generated: 2026-04-01
Status: This is the original version (as it was originally made). This
item of legislation is currently only available in its original format.
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.
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