The Housing Benefit (State Pension Credit and Miscellaneous Amendments) Regulations (Northern Ireland) 2004

Amendment of the Housing Benefit (State Pension Credit) Regulations

2.—(1) The Housing Benefit (State Pension Credit) Regulations (Northern Ireland) 2003(1) shall be amended in accordance with the following paragraph.

(2) In regulation 8 (income and capital), after substituted regulation 36(7) (notional capital) there shall be added the following paragraph –

“(8) In the case of a claimant who has, or whose partner has, an award of state pension credit comprising only the savings credit, where a relevant authority treats the claimant as possessing any benefit (other than housing benefit) at the altered rate in accordance with paragraph (7), that authority shall –

(a) determine the income and capital of that claimant in accordance with regulation 23(1) (calculation of claimant’s income and capital in savings credit only cases), where the calculation or estimate of that income and capital is altered with effect from a date on or after 1st April in any year but not more than 14 days thereafter, and

(b) treat that claimant as possessing such income and capital as the altered rate by reference to the period referred to in paragraph (7)(a) or (b) as the case may be.”.

(1)

S.R. 2003 No. 197