Amendment of regulation 7
18. In regulation 7 (date from which a decision superseded under Article 11 takes effect) –
(a)in paragraph (1), for sub-paragraph (a)(1) there shall be substituted the following sub-paragraph –
“(a)is, except for paragraphs (2)(b) and (28), subject to Schedules 2A and 2B; and”;
(b)in paragraph (2)(b)(i) and (ii), for “or a jobseeker’s allowance” there shall be substituted “, a jobseeker’s allowance or state pension credit”;
(c)in paragraph (3) at the end there shall be added “or regulation 1(2) of the State Pension Credit Regulations”;
(d)in paragraph (13)(a) at the end of head (ii) for “and” there shall be substituted –
“or
(iii)paragraph 11 or 12 of Schedule 2 to the State Pension Credit Regulations; and”;
(e)after paragraph (17) there shall be inserted the following paragraphs –
“(17A) For the purposes of state pension credit –
(a)paragraph (14) shall apply as if the reference to –
(i)“income support and his applicable amount” was a reference to “state pension credit and his appropriate minimum guarantee”,
(ii)“Schedule 3 to the Income Support Regulations” was a reference to “Schedule 2 to the State Pension Credit Regulations”, and
(iii)“paragraph 15 or 16” was a reference to “paragraph 11 or 12”; and
(b)paragraphs (15) to (17) shall not apply.
(17B) Subject to paragraph (23), where a claimant who is in receipt of state pension credit or his partner is aged 65 or over, the claimant’s appropriate minimum guarantee includes an amount determined in accordance with Schedule 2 to the State Pension Credit Regulations and there is a change of circumstances referred to in paragraph (17C), a decision made under Article 11 shall take effect –
(a)on the first anniversary of the date on which the claimant’s housing costs were first met under that Schedule; or
(b)where the change occurred after the first anniversary of the date referred to in sub-paragraph (a), on the next anniversary of that date following the date of the change.
(17C) Paragraph (17B) applies in a case where a non-dependant commences residing with the claimant or there is an increase in a non-dependant’s income.”.
(f)for paragraph (23) there shall be substituted the following paragraph –
“(23) Where, in any case to which paragraph (14), (17A), (17B) or (18) applies, a claimant has been continuously in receipt of, or treated as having been continuously in receipt of income support, a jobseeker’s allowance or state pension credit, or one of those benefits followed by another, and he or his partner continues to receive any of those benefits, the anniversary to which those paragraphs refer shall be –
(a)in the case of income support or jobseeker’s allowance, the anniversary of the earliest date on which benefit in respect of those mortgage interest costs became payable;
(b)in the case of state pension credit, the relevant anniversary date determined in accordance with paragraph 7 of Schedule 2 to the State Pension Credit Regulations.”.
(g)after paragraph (27)(2) there shall be added the following paragraph –
“(28) A decision to which regulation 6(2)(k) refers shall take effect from the day following the day on which the assessed income period ends if that day is the first day of the claimant’s benefit week, but if it is not, from the next following such day.”.
Paragraph (1) was substituted by Article 17(a) of S.R. 1999 No. 472 (C. 36) sub-paragraph (a) was substituted by regulation 6(5)(a) of S.R. 2000 No. 215
Paragraph (27) was added by regulation 7(5) of S.R. 2002 No. 80