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The Housing Benefit and Council Tax Benefit (State Pension Credit) Regulations 2003

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This is the original version (as it was originally made).

Date on which change of circumstances takes effect

22.—(1) The Housing Benefit Regulations shall be amended in accordance with paragraphs (2) and (3).

(2) In regulation 68(1) (date on which change of circumstances is to take effect)—

(a)in paragraph (1), for the words “and subject to paragraphs (2) to (8)”, substitute “and subject to the following provisions of this regulation”;

(b)after paragraph (8), add the following paragraphs—

(9) Paragraph (10) applies if—

(a)the claimant or his partner has attained the age of 65; and

(b)since the date in respect of which the claimant’s entitlement to housing benefit first began or, if later, the anniversary date—

(i)a non-dependant took up residence in the claimant’s dwelling; or

(ii)the income of a non-dependant increased so that the amount of the deduction which falls to be made under regulation 63 increased.

(10) Where this paragraph applies, the change of circumstances shall take effect from the next anniversary date following the change specified in paragraph (9)(b).

(11) In paragraphs (9) and (10) but subject to paragraph (12), “anniversary date” means—

(a)in the case of a person whose entitlement to housing benefit began before 6th October 2003, the anniversary of the date of the last decision made by the relevant authority before 6th October 2003 awarding the claimant housing benefit; or

(b)in the case of a person who claimed housing benefit on or after 6th October 2003 but before 6th October 2004 and whose award took effect from 6th October 2003, the anniversary of the date the decision on that claim was made by the relevant authority; or

(c)in any other case, the anniversary of the date in respect of which the claimant’s entitlement to housing benefit first began.

(12) If in any particular case the date determined under sub-paragraphs (a) to (c) of sub-paragraph (11) is not the first day of a benefit week, the anniversary date in that case shall be the first day of the next benefit week to commence after the date determined under those paragraphs..

(3) After regulation 68A(2), insert—

Change of circumstances where state pension credit payable

68B.(1) Paragraphs (2) to (8) apply where—

(a)the claimant is also on state pension credit;

(b)the amount of state pension credit awarded to him is changed in consequence of a change in the claimant’s circumstances or the correction of an official error; and

(c)the change in the amount of state pension credit payable to the claimant results in a change in the rate of housing benefit payable to the claimant.

(2) Where the change of circumstance is that an increase in the amount of state pension credit payable to the claimant results in an increase in the rate at which housing benefit is payable to him, the change shall take effect from the first day of the benefit week in which state pension credit becomes payable at the increased rate.

(3) Where the change of circumstance is that the claimant’s state pension credit is reduced and in consequence the rate of housing benefit payable to the claimant reduces—

(a)in a case where the claimant’s state pension credit is reduced because the claimant failed to notify the Secretary of State timeously of the change of circumstances, the change shall take effect from the first day of the benefit week from which state pension credit was reduced; or

(b)in any other case, the change shall take effect from the first day of the benefit week next following the date on which the local authority receives notification from the Secretary of State of the change.

(4) Where the change of circumstance is that—

(a)state pension credit is reduced; and

(b)in consequence of the change, the rate of housing benefit payable to the claimant is increased,

the change shall take effect from the first day of the benefit week in which state pension credit becomes payable at the reduced rate.

(5) Where the change of circumstance is that an award of state pension credit has been made to the claimant or his partner and this has resulted in a decrease in the rate of housing benefit payable to the claimant, the change shall take effect from the first day of the benefit week next following the date on which the local authority receives notification from the Secretary of State of the award.

(6) Where the change of circumstance is that a guarantee credit has been awarded to the claimant or his partner and this has resulted in an increase in the rate of housing benefit payable to the claimant, the change shall take effect from the first day of the benefit week next following the date in respect of which the guarantee credit is first payable.

(7) Where a change of circumstances would, but for this paragraph, take effect under the preceding provisions of this regulation within the 4 week period specified in regulation 62B (continuing payments where state pension credit claimed), that change shall take effect on the first day of the first benefit week to commence after the expiry of the 4 week period.

(8) In paragraph (1) “official error” has the meaning it has in the Decisions and Appeals Regulations by virtue of regulation 1(2) of those Regulations.

(4) The Council Tax Benefit Regulations shall be amended in accordance with paragraphs (5) and (6).

(5) In regulation 59(3) (date on which change of circumstances takes effect)—

(a)in paragraph (1), for the words “and subject to paragraphs (2) to (9)”, substitute “and subject to the following provisions of this regulation”;

(b)after paragraph (9), add the following paragraphs—

(10) Paragraph (11) applies if—

(a)the claimant or his partner has attained the age of 65; and

(b)since the date in respect of which the claimant’s entitlement to council tax benefit first began or, if later, the anniversary date—

(i)a non-dependant took up residence in the claimant’s dwelling; or

(ii)the income of a non-dependant increased so that the amount of the deduction which falls to be made under regulation 52 increased.

(11) Where this paragraph applies, the change of circumstances shall take effect from the next anniversary date following the change specified in paragraph (10)(b).

(12) In paragraphs (10) and (11) but subject to paragraph (13), “anniversary date” means—

(a)in the case of a person whose entitlement to council tax benefit began before 6th October 2003, the anniversary of the date of the last decision made by the relevant authority before 6th October 2003 awarding the claimant council tax benefit;

(b)in the case of a person who claimed council tax benefit on or after 6th October 2003 but before 6th October 2004 and whose award took effect from 6th October 2003, the anniversary of the date the decision on that claim was made by the relevant authority; or

(c)in any other case, the anniversary of the date in respect of which the claimant’s entitlement to council tax benefit first began.

(13) If in any particular case the date determined under sub-paragraphs (a) to (c) of sub-paragraph (12) is not the first day of a benefit week, the anniversary date in that case shall be the first day of the next benefit week to commence after the date determined under those paragraphs..

(6) After regulation 59A(4), insert—

Change of circumstances where state pension credit in payment

59B.(1) Paragraphs (2) to (8) apply where—

(a)the claimant is also on state pension credit;

(b)the amount of state pension credit awarded to him is changed in consequence of a change in the claimant’s circumstances or the correction of an official error; and

(c)the change in the amount of state pension credit payable to the claimant results in a change in the rate at which council tax benefit is allowed to him.

(2) Where the change of circumstance is that an increase in the amount of state pension credit payable to the claimant results in an increase in the rate at which council tax benefit is allowed to him, the change shall take effect from the first day of the benefit week in which state pension credit becomes payable at the increased rate.

(3) Where the change of circumstance is that the claimant’s state pension credit has been reduced and in consequence the rate of council tax benefit allowed to the claimant reduces—

(a)in a case where the claimant’s state pension credit is reduced because the claimant failed to notify the Secretary of State timeously of the change of circumstances, the change shall take effect from the first day of the benefit week from which state pension credit was reduced; or

(b)in any other case, the change shall take effect from the first day of the benefit week next following the date on which the local authority receives notification from the Secretary of State of the change.

(4) Where the change of circumstance is that state pension credit is reduced and in consequence of the change, the rate of council tax benefit allowed to the claimant is increased, the change shall take effect from the first day of the benefit week in which state pension credit becomes payable at the reduced rate.

(5) Where the change of circumstance is that an award of state pension credit has been made to the claimant or his partner and this has resulted in a decrease in the rate of council tax benefit payable to the claimant, the change shall take effect from the first day of the benefit week next following the date on which the local authority receives notification from the Secretary of State of the award.

(6) Where the change of circumstance is that a guarantee credit has been awarded to the claimant or his partner and this has resulted in an increase in the rate of council tax benefit payable to the claimant, the change shall take effect from the first day of the benefit week next following the date in respect of which the guarantee credit is first payable.

(7) Where a change of circumstances would, but for this paragraph, take effect under the preceding provisions of this regulation within the 4 week period specified in regulation 53B (continuing payments where state pension credit claimed), that change shall take effect on the first day of the first benefit week to commence after the expiry of the 4 week period.

(8) In paragraph (1), “official error” has the meaning it has in the Decisions and Appeals Regulations by virtue of regulation 1(2) of those Regulations.

(1)

Relevant amending Instruments are S.I. 1992/432, 1994/578, 1995/511 and 1999/2734.

(2)

Regulation 68A inserted by S.I. 2000/897.

(3)

Relevant amending Instruments are S.I. 1994/578 and 1995/511.

(4)

Regulation 59A was inserted by S.I. 2000/897.

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