The Social Security (Miscellaneous Amendments) (No.2) Regulations 2008

Amendments to the Council Tax Benefit (State Pension Credit) Regulations

6.—(1) The Council Tax Benefit (State Pension Credit) Regulations shall be amended as follows.

(2) In regulation 2 (interpretation) for the definition of “sandwich course”, substitute—

““sandwich course” has the meaning prescribed in regulation 2(9) of the Education (Student Support) Regulations 2008, regulation 4(2) of the Education (Student Loans)(Scotland) Regulations 2007 or regulation 2(8) of the Education (Student Support) Regulations (Northern Ireland) 2007, as the case may be;”.

(3) In regulation 21(11)(f) (treatment of child care charges) for “sub-paragraph (c) or (d)”, substitute “sub-paragraph (d) or (e)”.

(4) After regulation 53(12)(1) (time and manner in which claims are to be made) insert—

“(12A) Paragraph (12) applies in the case of a person who has attained, or whose partner has attained, the age of 59 years and 35 weeks.”.

(5) In Schedule 3 (amounts to be disregarded in the calculation of income other than earnings)—

(a) for paragraph 1(b), substitute “a war widow’s pension or any corresponding pension payable to a widower or surviving civil partner;”;

(b) in paragraph 12(2)(a) and (4) for “ordinary clothing and footwear”, substitute “ordinary clothing or footwear”; and

(c) after paragraph 24, insert—

“25.   Where the claimant, or the person who was the partner of the claimant on 31st March 2003, was entitled on that date to income support or an income-based jobseeker’s allowance but ceased to be so entitled on or before 5th April 2003 by virtue only of regulation 13 of the Housing Benefit (General) Amendment (No 3) Regulations 1999 as in force at that date, the whole of his income.”.

(6) After paragraph 26 of Schedule 4 (capital to be disregarded), insert—

“26A.— (1) Subject to sub-paragraph (2), where a claimant satisfies the conditions in section 131(3) and (6) of the Act (entitlement to alternative maximum council tax benefit), the whole of his capital.

(2) Sub-paragraph (1) does not apply, where in addition to satisfying the conditions in section 131(3) and (6) of the Act the claimant also satisfies the conditions in section 131(4) and (5) of the Act (entitlement to the maximum council tax benefit).”.

(1)

Regulation 53(12) was substituted by S.I. 2007/1331.