2003 No. 2275
The Housing Benefit and Council Tax Benefit (State Pension Credit and Miscellaneous Amendments) Regulations 2003
Made
Laid before Parliament
Coming into force
for the purposes of regulation 2
for all other purposes
The Secretary of State for Work and Pensions, in exercise of the powers conferred upon him by the provisions specified in the Schedule to these Regulations and of all other powers enabling him in that behalf, after consultation with organisations appearing to him to be representative of the authorities concerned F1 and after agreement by the Social Security Advisory Committee that proposals in respect of these Regulations should not be referred to it F2, hereby makes the following Regulations:
See sections 170 and 173(1)(b) of the Social Security Administration Act 1992.
Citation, commencement and interpretation1
1
These Regulations may be cited as the Housing Benefit and Council Tax Benefit (State Pension Credit and Miscellaneous Amendments) Regulations 2003 and shall come into force—
a
for the purposes of regulation 2, on 5th October 2003; and
b
for all other purposes, on 6th October 2003.
Amendment of the State Pension Credit RegulationsF222
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Amendment of the Housing Benefit Regulations3
F221
The Housing Benefit Regulations shall be amended in accordance with the following provisions of this regulation.
2
In regulation 4(5)
(remunerative work), after the words “income support”, insert
“
, state pension credit
”
.
3
In regulation 63(7)
F4
after sub-paragraph (d), insert the following sub-paragraph—
dd
he is a full-time student and the claimant or his partner has attained the age of 65; or
Amendment of the Council Tax Benefit Regulations4
F231
The Council Tax Benefit Regulations shall be amended in accordance with the following provisions of this regulation.
2
In regulation 4(5)
(remunerative work), after the words “income support” insert
“, state pension credit
”
.
3
In regulation 52(8), after sub-paragraph (b); insert—
c
who is on state pension credit and would not be treated as being in remunerative work, if they were not in receipt of that benefit
Amendment of the Decisions and Appeals Regulations5
1
The Decisions and Appeals Regulations shall be amended in accordance with the following paragraphs.
2
In regulation 1(2) (interpretation)—
a
after the definition of “the Act” insert—
“the 1998 Act” means the Social Security Act 1998 F5;
b
after the definition of “Decisions and Appeals Regulations 1999” insert—
“family” has the same meaning as in section 137 of the Social Security Contributions and Benefits Act 1992 F6;
3
In regulation 4 (revision of decisions) after paragraph (7A) F7 insert—
7B
Where—
a
the relevant authority makes an original decision awarding housing benefit or council tax benefit to a claimant; and
b
entitlement to a relevant benefit within the meaning of section 8(3) of the 1998 Act or to an increase in the rate of that relevant benefit is awarded to the claimant or a member of his family for a period which includes the date on which the original decision took effect,
the relevant authority may revise or further revise that original decision at any time.
7C
Where entitlement to housing benefit or council tax benefit has ceased (“decision A”) because entitlement to a relevant benefit within the meaning of section 8(3) of the 1998 Act has ceased (“decision B”), decision A may be revised at any time if the entitlement to the relevant benefit to which decision B applies has been reinstated in consequence of a decision made under F20section 9 or 10 of the 1998 Act or on an appeal under section 12 of that Act
4
In regulation 7(2) (decisions superseding earlier decisions) after sub-paragraph (h) F8 add—
i
where—
i
the claimant has been awarded entitlement to housing benefit or council tax benefit; and
ii
subsequent to the first day of the period to which that entitlement relates, the claimant or a member of his family becomes entitled to an award of a relevant benefit within the meaning of section 8(3) of the 1998 Act or an increase in the rate of that relevant benefit.
5
In regulation 8 (date from which a decision superseding an earlier decision takes effect) after paragraph (13) F9 add—
14
Where the decision is superseded in accordance with regulation 7(2)(i) the superseding decision shall take effect from the date on which entitlement arises to the relevant benefit referred to in regulation 7(2)(i)(ii) or to an increase in the rate of that relevant benefit.
SCHEDULEPROVISIONS CONFERRING POWERS EXERCISED IN MAKING THESE REGULATIONS
Section 137(1) is cited for the meaning of the word “prescribed”.
Section 84 is cited for the meaning of the word “prescribed”.
Paragraph 23(1) is cited for the meaning of the word “prescribed”.
Short title | Provision | Relevant amendments |
|---|---|---|
Social Security Contributions and Benefits Act 1992 |
|
|
| Section 123(1)(d) and (e) | Local Government Finance Act 1992 F10, Schedule 9, paragraph 1(1) |
| Section 130(4) Section 131(10)(a) |
|
| Section 135(1), (5) and (6) | Tax Credits Act 2002 F11, Schedule 6 |
| Section 136(3), (4) and (5)(b) |
|
| Section 136A | State Pension Credit Act 2002 F12, Schedule 2, paragraph 3 |
| Section 137(1) F13 and (2)(c), (d) and (k) | Jobseekers Act 1995 F14, Schedule 2, paragraph 35(3) |
| Section 175(1), (3) and (4) | Social Security Contributions (Transfer of Functions, etc.) Act 1999 F15, Schedule 3, paragraphs 29(1), (2) and (4) |
Social Security Administration Act 1992 F16 | Section 5(1)(b) Section 6(1)(b) | Local Government Finance Act 1992, Schedule 9, paragraph 12(1)(a) |
| Section 189(1) and (4) | Social Security Act 1998, Schedule 7, paragraph 109(a) and (c), and Schedule 8 |
Social Security Act 1998 | Section 34(2) Section 79(1) and (4) Section 84 F17 |
|
Child Support, Pensions and Social Security Act 2000 F18 | Paragraphs 3(1), 4(4) and (6), 20(1) and (3) and 23(1) of Schedule 7 F19 |
|
See section 176(1) of the Social Security Administration Act 1992 (c. 5).