Continuing payments where state pension credit claimed53B

1

This regulation applies where—

a

the claimant is entitled to council tax benefit;

b

paragraph (2) is satisfied; and

c

either—

i

the claimant has attained the qualifying age for state pension credit or, if his entitlement to income-based jobseeker’s allowance continued beyond that age, has attained the age of 65; or

ii

the claimant’s partner has actually claimed state pension credit.

2

This regulation is only satisfied if the Secretary of State has certified to the relevant authority that the claimant’s partner has actually claimed state pension credit or that—

a

the claimant’s award of—

i

income support has terminated because the claimant has attained the qualifying age for state pension credit; or

ii

income-based jobseeker’s allowance has terminated because the claimant has attained the qualifying age for state pension credit or the age of 65; and

b

the claimant has claimed or is treated as having claimed or is required to make a claim for state pension credit.

3

In a case to which this regulation applies, council tax benefit shall continue to be paid for the period of 4 weeks beginning on the day following the day the claimant’s entitlement to income support or, as the case may be, income-based jobseeker’s allowance, ceased, if and for so long as the claimant otherwise satisfies the conditions for entitlement to council tax benefit.

4

Throughout the period of 4 weeks specified in paragraph (3)—

a

the whole of the income and capital of the claimant shall be disregarded;

b

the appropriate maximum council tax benefit of the claimant shall be that which was applicable in his case immediately before that period commenced.

5

The appropriate maximum council tax benefit shall be calculated in accordance with regulation 51(1) if, since the date it was F1last calculated—

a

the claimant’s council tax liability has increased; or

b

a change in the deduction under regulation 52 falls to be made.