The Housing Benefit and Council Tax Benefit (State Pension Credit) (Abolition of Benefit Periods) Amendment Regulations 2003

PART 5 Application and Amendment of Other Provisions

Amendment of regulation 10 of the Housing Benefit (General) Amendment Regulations 1995

22.  In regulation 10 of the Housing Benefit (General) Amendment Regulations 1995(1) (saving provision)—

(a) after paragraph (5B), there shall be inserted the following paragraphs—

“(5C) Subject to paragraph (5D), paragraphs (1) to (5A) above shall have effect where a claimant has attained the qualifying age for state pension credit as if any references to a benefit period were references to an award of housing benefit.

(5D) Paragraph (5C) 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.”;

(b) in paragraph (6), at the appropriate places, insert the following definitions—

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

(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 2002”.

Amendment of regulation 4 of the Housing Benefit and Council Tax Benefit (General) Amendment Regulations 1997

23.  In regulation 4 of the Housing Benefit and Council Tax Benefit (General) Amendment Regulations 1997(3) (savings) after paragraph (2AC) 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(12) to (14) 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 2002(5))—

(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 2002.”.

Amendment of regulations 7 and 8 of the Housing Benefit and Council Tax Benefit (Decisions and Appeals) Regulations 2001

24.—(1) In regulation 7 of the Housing Benefit and Council Tax Benefit (Decisions and Appeals) Regulations 2001(6) (decisions superseding earlier decisions) there shall be inserted the following paragraph—

“(2A) An appropriate relevant authority may, upon its own initiative, make a decision under paragraph 4 of Schedule 7 to the Act in any case to which regulation 12A(1)(d) or (e) of the Housing Benefit Regulations (requirement to refer to rent officers) applies.”.

(2) In regulation 8 of the Housing Benefit and Council Tax Benefit (Decisions and Appeals) Regulations 2001 (date from which a decision superseding an earlier decision takes effect) after paragraph (11) there shall be inserted the following paragraphs—

“(12) Except in a case where entitlement to housing benefit ceases, where a rent officer has made a determination in exercise of the Housing Act functions pursuant to an application by a relevant authority under regulation 12A(1)(d) or (e) of the Housing Benefit Regulations, any decision to which regulation 7(2A) applies which adopts that determination shall take effect from the first day following the last day of the period mentioned in regulation 12A(1)(d) or (e) of those Regulations.

(13) For the purposes of paragraph (12) “Housing Act functions” has the same meaning as in section 136(1) of the Administration Act.”.

(1)

S.I. 1995/1644. Relevant amending instruments are S.I. 1996/462 and 2432, 1998/563 and 2231 and 1999/2734.

(2)

2002 c. 16.

(3)

S.I. 1997/852. Relevant amending instruments are S.I. 1997/1975 and 1998/2231.

(4)

See regulation 2(1) and (3A); paragraph (3A) was inserted by S.I. 1996/1510.

(5)

2002 c. 16.

(6)

2001/1002. Relevant amending instruments are S.I. 2002/490 and S.I. 2003/1050.