The Discretionary Financial Assistance and Discretionary Housing Payments (Amendment and Revocation) Regulations 2026
These Regulations primarily amend provisions governing discretionary financial assistance and housing payments across England and Wales, coming into force on April 1, 2026.
The key actions involve revoking the Discretionary Financial Assistance Regulations 2001 and the Discretionary Housing Payments (Grants) Order 2001 in relation to England, while continuing their effect in Wales.
For Wales only, the Regulations amend the 2001 Order by removing the previous reference to English and Welsh authorities in claims procedure and, crucially, omitting the article that previously limited the total expenditure local authorities could spend on discretionary housing payments.
Arguments For
Simplifying the legislative framework for discretionary housing payments in England by revoking older, specific regulations.
Removing the expenditure limit on discretionary housing payments for local authorities in Wales for financial years starting April 1, 2026, offering potentially greater local flexibility.
Ensuring legislative consistency post-welfare reforms by aligning current statutory instruments with the operative parts of relevant legislation.
Arguments Against
The revocation of the Discretionary Financial Assistance Regulations 2001 in England shifts discretionary powers, potentially leading to immediate inconsistency in guidance or procedure until new frameworks are fully adopted or understood.
Removing the limit on total expenditure for Discretionary Housing Payments in Wales could place unforeseen fiscal pressure on local authorities if demand increases significantly without corresponding funding guarantees.
The limited scope of the Explanatory Note, stating no significant impact on the private or voluntary sector, might obscure localized impacts on advice services or claimants during the transition period.
STATUTORY INSTRUMENTS
2026 No. 271
SOCIAL SECURITY, ENGLAND AND WALES
The Discretionary Financial Assistance and Discretionary Housing Payments (Amendment and Revocation) Regulations 2026
Made - - - - 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
This section identifies the document as a Statutory Instrument, numbered 2026 No. 271, concerning Social Security matters in England and Wales.
It specifies the exact times and dates when the instrument was made, laid before Parliament, and scheduled to come into legal effect, which is April 1, 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 ).
The mandated Secretary of State created these Regulations using authority derived from specific sections of the Social Security Administration Act 1992 and the Child Support, Pensions and Social Security Act 2000.
These referenced powers grant the authority necessary to make changes to existing social security and housing benefit-related secondary legislation.
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.
The Secretary of State secured the necessary consent from the Treasury to enact these rules.
Furthermore, consultation requirements were met: the Social Security Advisory Committee deemed a full referral unnecessary, and the Secretary of State consulted with representative bodies for the relevant local 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.
This provides extensive footnotes documenting the historical legislative context and previous amendments made to the primary Acts relied upon to create these Regulations.
It specifically notes amendments and repeals relating to sections concerning discretionary payments and administrative powers, clarifying which past changes are or are not relevant here.
Status: This is the original version (as it was originally made). This
Citation, commencement, extent and application
- -(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.
This clause sets out the official title and effective date, confirming the coming into force date as April 1, 2026.
It also defines the geographical scope and application of individual regulations within the instrument: Regulations 1 applies to both England and Wales, Regulation 2 applies purely to England, and Regulation 3 applies solely to Wales.
Revocations
- 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.
This regulation formally executes the revocations detailed in the associated Schedule.
It states that specific named prior Regulations and Orders will be repealed, either partially or entirely, as marked out in the table provided later in the document.
Amendment of the Discretionary Housing Payments (Grants) Order 2001
- -(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).
This introduces amendments to the Discretionary Housing Payments (Grants) Order 2001, specifically affecting procedures related to Wales, as the equivalent provisions for England have already been revoked.
It removes a clause in Article 3 related to claiming procedures that mentioned authorities in both England and Wales.
Crucially, it removes Article 7, thereby eliminating the overall spending limit on discretionary housing payments for local authorities in Wales starting from the 2026/27 financial year.
Signed by authority of the Secretary of State for Work and Pensions at 9.20 a.m. on 11th March 2026
We consent,
10th March 2026
Stephen Timms Minister of State Department for Work and Pensions
Christian Wakeford Gen Kitchen Two of the Lords Commissioners of His Majesty's Treasury
This section contains the formal signatures and authentication.
It shows the instrument was signed on behalf of the Secretary of State for Work and Pensions on March 11, 2026, and includes the formal consent given by two Lords Commissioners of His Majesty's Treasury the preceding day.
Schedule
Regulation 2
Regulations and Orders revoked in relation to England
The Schedule lists the secondary legislation being revoked explicitly by Regulation 2, and confirms that these revocations apply only to England.
| 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) |
This table begins listing the legislation being entirely revoked in England, starting with the main Discretionary Financial Assistance Regulations 2001, and details consequential revocations in amending instruments.
| The Discretionary Housing Payments (Grants) Order 2001 | S.I. 2001/2340 | The whole order |
This entry specifically revokes the entirety of the Discretionary Housing Payments (Grants) Order 2001 as it applies to England.
| 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 |
This continues the list of revocations in England, focusing on consequential amendments and various amendment orders related to the grants for discretionary housing payments, all dating between 2002 and 2005.
| 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 |
Further entries detail the revocation of provisions from 2006 and 2007 regulations relating to housing benefit and consequential changes, followed by the complete revocation of amending regulations and orders made in 2008 concerning both discretionary financial assistance and grants.
| 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) |
This part lists revocations affecting regulations from 2010 that dealt with consequential amendments arising from the Welfare Reform Act 2009 and specific regulations concerning Jobseeker's Allowance sanctions.
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 revoked | Reference | Extent of revocation | |-----------------------------------------------------------------------------------------------------------------------|----------------|--------------------------------------------------------------------------------------------------| | 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) |
This continues the list of revocations affecting England through 2011.
Amendments related to loss of benefit, a Jobseeker's Allowance pilot scheme, and a mandatory work activity scheme are being repealed or partially revoked.
| 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 |
Older legislation, including provisions consequential to the abolition of Council Tax Benefit and a wider set of consequential amendments from the Welfare Reform Act 2012, are being revoked or amended as they apply to England.
| 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 |
The final set of revocations target amendments dating from 2014, 2018, and 2021 that dealt with subsidy amounts for income-related benefits, transitional provisions for Universal Credit, and corresponding amendments to DHP grant orders.
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.
This note explains that Regulation 2 revokes the 2001 Regulations governing discretionary housing payments in England, along with the associated 2001 Grants Order, though they remain in force for Wales.
Regulation 3 amends the 2001 Order for Wales by cleaning up references made redundant by the England-only revocation and officially removing the cap on local authority spending for discretionary housing payments starting April 1, 2026.
The government anticipates no significant impact on non-public sectors from these changes.