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Welfare Reform Act 2012

Changes over time for: SCHEDULE 4

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Section 34

SCHEDULE 4E+W+SHousing credit element of state pension credit

This schedule has no associated Explanatory Notes

Part 1 E+W+SAmendments to State Pension Credit Act 2002

State Pension Credit Act 2002 (c. 16)E+W+S

1The State Pension Credit Act 2002 is amended as follows.

2In section 1 (entitlement), in subsection (2)(c), at the end there is inserted or

(iii)the conditions in section 3A(1) and (2) (housing credit).

3In that section, in subsection (3)—

(a)after paragraph (b) there is inserted or

(c)to a housing credit, calculated in accordance with section 3A, if he satisfies the conditions in subsections (1) and (2) of that section,;

(b)for the words from “(or to both)” to the end there is substituted “ (or to more than one of them, if he satisfies the relevant conditions) ”.

4After section 3 there is inserted—

3AHousing credit

(1)The first of the conditions mentioned in section 1(2)(c)(iii) is that the claimant is liable to make payments in respect of the accommodation he occupies as his home.

(2)The second of the conditions mentioned in section 1(2)(c)(iii) is that the claimant's capital and income are such that the amount of the housing credit payable (if he were entitled to it) would not be less than a prescribed amount.

(3)Where the claimant is entitled to a housing credit, the amount of the housing credit shall be an amount calculated in or determined under regulations (which may be zero).

(4)For the purposes of subsection (1)—

(a)the accommodation must be in Great Britain;

(b)the accommodation must be residential accommodation;

(c)it is immaterial whether the accommodation consists of the whole or part of a building and whether or not it comprises separate and self-contained premises.

(5)Regulations may make provision as to—

(a)the meaning of “payments in respect of accommodation” for the purposes of this section (and, in particular, as to the extent to which such payments include mortgage payments);

(b)circumstances in which a claimant is to be treated as liable or not liable to make such payments;

(c)circumstances in which a claimant is to be treated as occupying or not occupying accommodation as his home (and, in particular, for temporary absences to be disregarded);

(d)circumstances in which land used for the purposes of any accommodation is to be treated as included in the accommodation.

(6)Regulations under this section may make different provision for different areas.

5In section 7 (fixing of retirement provision for assessed income period), at the end there is inserted—

(10)Regulations may prescribe circumstances in which subsection (3) does not apply for the purposes of determining the amount of a housing credit to which the claimant is entitled.

6In section 12 (polygamous marriages), in subsection (2)(b), after “savings credit” there is inserted “ or housing credit ”.

7In section 17 (interpretation), in subsection (1), after the definition of “guarantee credit” there is inserted—

housing credit” shall be construed in accordance with sections 1 and 3A;.

(8)In Schedule 2 (consequential amendments etc), paragraph 9(5)(a) is repealed.

Part 2 E+W+SAmendments to other Acts

Social Security Administration Act 1992 (c. 5)E+W+S

9The Social Security Administration Act 1992 is amended as follows.

10In section 5 (regulations about claims and payments) in subsection (6), before “subsection” there is inserted “or housing credit (within the meaning of the State Pension Credit Act 2002)”.

F111. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

12(1)Section 122F (supply by rent officers of information) is amended as follows.E+W+S

(2)In subsection (3)(a) at the end of the words in brackets there is inserted “or housing credit”.

(3)In subsection (4) at the end there is inserted “or housing credit”.

(4)After that subsection there is inserted—

(5)In this section “housing credit“ has the same meaning as in the State Pension Credit Act 2002.

Housing Act 1996 (c. 52)E+W+S

13(1)Section 122 of the Housing Act 1996 (rent officers) is amended as follows.E+W+S

(2)In the heading, at the end there is inserted “and housing credit”.

(3)In subsection (1), at the end there is inserted “or housing credit (within the meaning of the State Pension Credit Act 2002)“.

Child Support, Pensions and Social Security Act 2000 (c. 19)E+W+S

14In section 69 of the Child Support, Pensions and Social Security Act 2000 (discretionary financial assistance with housing), in subsection (1)(a), after “universal credit” there is inserted “ or housing credit (within the meaning of the State Pension Credit Act 2002) ”.

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