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The Housing Benefit (General) (Local Housing Allowance) Amendment Regulations 2003

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This is the original version (as it was originally made).

State Pension Credit

14.—(1) Regulations 2, 10, 11A and 12A of the principal Regulations shall have effect, except where paragraph (2) applies, in relation to any person who has attained the qualifying age for state pension credit, subject to the modifications and amendments set out in paragraphs (3) and (4).

(2) This paragraph applies where 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.

(3) In regulation 2(1) of the principal Regulations in the definition of “relevant date”—

(a)in paragraph (b) after the words “or relevant information relates” substitute “;” for “; or”;

(b)in paragraph (c) after “regulation 11A(1)(b)(iii) or (iv) relates;” add “or”; and

(c)after paragraph (c) insert the following paragraph—

(d)the date on which the period mentioned in regulation 12A(1)(d) or (e) has elapsed;.

(4) In regulation 10(3B) after “11A(1)(a) or (b)(i), (ii) or (iii)” insert “or (c)”.

(5) In regulation 11A(1) after sub-paragraph (b) insert the following sub-paragraph—

(c)a pathfinder authority is required to apply to a rent officer for a determination in accordance with regulation 12A(1)(d) or (e)..

(6) In regulation 12A after paragraph (2B) insert the following paragraph—

(2C) An application shall not be required in accordance with paragraph (1)(d) or (e) unless—

(a)it is a case to which regulation 11A(2) applies; and

(b)a referral would fall to be made were the relevant authority not a pathfinder authority..

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