The Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 2006

21.—(1) Subject to paragraph 22 any amount paid—

(a) by way of arrears of benefit;

(b) by way of compensation for the late payment of benefit;

(c) in lieu of the payment of benefit;

(d) to rectify, or compensate for, an official error, as defined for the purposes of paragraph 22, being an amount to which that paragraph does not apply;

(e) by a local authority (including, in relation to England, a county council), or by the [F1 Welsh Ministers], to or on behalf of the claimant or his partner relating to a service which is provided to develop or sustain the capacity of the claimant or his partner to live independently in his accommodation.

[F2 (f) by way of local welfare provision including arrears and payments in lieu of local welfare provision.]

(2) In sub-paragraph (1), “benefit” means—

(a) attendance allowance under section 64 of the Act;

(b) disability living allowance;

[F3 (ba) personal independence payment;]

[F4 (bb) armed forces independence payment;]

(c) income support;

(d) income-based jobseeker's allowance;

(e) state pension credit;

(f) housing benefit;

(g) council tax benefit;

(h) child tax credit;

(i) an increase of a disablement pension under section 104 of the Act (increase where constant attendance is needed), and any further increase of such a pension under section 105 of the Act (increase for exceptionally severe disablement);

(j) any amount included on account of the claimant's exceptionally severe disablement or need for constant attendance in a war disablement pension or a war widow's or widower's pension.

[F5 (k) any discretionary housing payment paid pursuant to regulation 2(1) of the Discretionary Financial Assistance Regulations 2001; F6 ...

(l) working tax credit] F7 ...

[F8 (m) income-related employment and support allowance;]F9 ...

[F10 (n) social fund payments][F11 ; or

(o) universal credit.]

Textual Amendments

F1 Words in Sch. 6 para. 21(1)(e) substituted (5.1.2009) by The Social Security (Miscellaneous Amendments) (No. 7) Regulations 2008 (S.I. 2008/3157), regs. 1(1), 6(10)(c)

F2 Sch. 6 para. 21(1)(f) inserted (2.4.2013) by The Social Security (Miscellaneous Amendments) Regulations 2013 (S.I. 2013/443), regs. 1, 8(4)(a)(i)

F3 Sch. 6 para. 21(2)(ba) inserted (8.4.2013) by The Personal Independence Payment (Supplementary Provisions and Consequential Amendments) Regulations 2013 (S.I. 2013/388), reg. 2, Sch. para. 37(9)

F4 Sch. 6 para. 21(2)(bb) inserted (8.4.2013) by The Armed Forces and Reserve Forces Compensation Scheme (Consequential Provisions: Subordinate Legislation) Order 2013 (S.I. 2013/591), art. 2(2), Sch. para. 35(9)

F5 Sch. 6 para. 21(2)(k)(l) inserted by SI 2005/2502 reg. 2(17) (as amended) (3.4.2006) by The Housing Benefit and Council Tax Benefit (Consequential Provisions) Regulations 2006 (S.I. 2006/217), reg. 1(1), Sch. 2 para. 27(17) (with regs. 2, 3, Sch. 3, Sch. 4)

F6 Word in Sch. 6 para. 21(2)(k) omitted (27.10.2008) by virtue of Employment and Support Allowance (Consequential Provisions) Regulations 2008 (S.I. 2008/1082), regs. 1, 41(a)(i)

F7 Word in Sch. 6 para. 21(2)(l) omitted (2.4.2013) by virtue of The Social Security (Miscellaneous Amendments) Regulations 2013 (S.I. 2013/443), regs. 1, 8(4)(a)(ii)

F8 Sch. 6 para. 21(2)(m) added (27.10.2008) by Employment and Support Allowance (Consequential Provisions) Regulations 2008 (S.I. 2008/1082), regs. 1, 41(a)(ii)

F9 Word in Sch. 6 para. 21(2) omitted (29.4.2013) by virtue of The Universal Credit (Consequential, Supplementary, Incidental and Miscellaneous Provisions) Regulations 2013 (S.I. 2013/630), regs. 1(2), 36(8)

F10 Sch. 6 para. 21(2)(n) added (2.4.2013) by The Social Security (Miscellaneous Amendments) Regulations 2013 (S.I. 2013/443), regs. 1, 8(4)(a)(iii)

F11 Sch. 6 para. 21(2)(o) and word inserted (29.4.2013) by The Universal Credit (Consequential, Supplementary, Incidental and Miscellaneous Provisions) Regulations 2013 (S.I. 2013/630), regs. 1(2), 36(8)