The Housing Benefit (State Pension Credit) (Abolition of Benefit Periods Amendment) Regulations (Northern Ireland) 2003

Amendment of regulation 5 of the Housing Benefit (General) (Amendment No. 4) Regulations

21.  In regulation 5(1) of the Housing Benefit (General) (Amendment No. 4) Regulations (Northern Ireland) 1997(2) (savings) after paragraph (2AC)(3) there shall be inserted the following paragraphs –

“(2AD) Paragraph (2A) shall have effect where a claimant has attained the qualifying age for state pension credit as if the words “makes a further claim for housing benefit under regulation 72(11) and (13) of the principal Regulations, where he” were omitted;

(2AE) Paragraph (2AD) shall not apply if the claimant, or if the claimant has a partner, his partner, is a person on income support or on an income-based jobseeker’s allowance within the meaning of the principal Regulations(4).

(2AF) In this Regulation –

““the qualifying age for state pension credit” means (in accordance with section 1(2)(b) and (6) of the State Pension Credit Act (Northern Ireland) 2002) –

(a)

in the case of a woman, pensionable age, or

(b)

in the case of a man, the age which is pensionable age in the case of a woman born on the same day as the man;

“state pension credit” means state pension credit under the State Pension Credit Act (Northern Ireland) 2002.””.

(1)

Regulation 5 was amended by regulation 2(4) of S.R. 1997 No. 377

(2)

S.R. 1997 No. 170; relevant amending Regulations are S.R. 1997 No. 377 and S.R. 1998 No. 324

(3)

Paragraph (2AC) was inserted by regulation 12(b) of S.R. 1998 No. 324

(4)

See regulation 2(1) and (3A); Regulation 2(3A) was inserted by regulation 2(b) of S.R. 1996 No. 334 and amended by regulation 3(a) and (b) of S.R. 2000 No. 365 and regulation 4(3) of S.R. 2002 No. 80