The Housing Benefit and Council Tax Benefit (Consequential Provisions) Regulations 2006

Amendment of the Housing Renewal Grants Regulations 1996

10.—(1) The Housing Renewal Grants Regulations 1996 M1 shall be amended in accordance with the provisions of this paragraph.

(2) In regulation 2, in paragraph (1) (interpretation)—

(a) after the definition of “payment”, insert—

““pensionable age” has the meaning given by the rules in paragraph 1 of Schedule 4 to the Pensions Act 1995 M2 (equalisation of pensionable ages for men and women);”

(b) after the definition of “polygamous marriage”, insert—

““the qualifying age for state pension credit” is (in accordance with section 1(2)(b) and (6) of the State Pension Credit Act 2002 M3 )—

(a) in the case of a woman, pensionable age; or

(b) in the case of a man, the age which is pensionable age in the case of a woman born on the same day as the man;”;

(c) in the definition of “training allowance” for “regulation 2(1) of the Housing Benefit (General) Regulations 1987”, substitute “ regulation 2(1) of the Housing Benefit Regulations 2006 ”.

(3) In regulation 3(1) (persons from abroad) M4 for “regulation 7A (persons from abroad) of the Housing Benefit (General) Regulations 1987”, substitute “ regulation 10 of the Housing Benefit Regulations 2006 or, as the case may be, regulation 10 of the Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 2006 (persons from abroad) ”.

(4) In regulation 19(3)(e) (treatment of child care charges), for “regulation 18(2) of the Housing Benefit (General) Regulations 1987”, substitute “ regulation 24(2) of the Housing Benefit Regulations 2006 ”.

(5) In regulation 31, in paragraph (14), for sub-paragraph (b) (notional income), substitute—

““rent” means—

(a) eligible rent within the meaning of regulation 12(3) of the Housing Benefit Regulations 2006 (rent), less any deductions in respect of non-dependants which fall to be made under regulation 74 (non-dependant deductions) of those Regulations; or

(b) in the case of a person who has attained the qualifying age for state pension credit, eligible rent within the meaning of regulation 12(3) of the Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 2006 (rent), less any deductions in respect of non-dependants which fall to be made under regulation 55 (non-dependant deductions) of those Regulations.”.

(6) In regulation 38, in paragraph (7) for sub-paragraph (b) (notional capital), substitute—

““rent” means—

(a) eligible rent within the meaning of regulation 12(3) (rent) of the Housing Benefit Regulations 2006, less any deductions in respect of non-dependants which fall to be made under regulation 74 (non-dependant deductions) of those Regulations; or

(b) in the case of a person who has attained the qualifying age for state pension credit, eligible rent within the meaning of regulation 12(3) of the Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 2006 (rent), less any deductions in respect of non-dependants which fall to be made under regulation 55 (non-dependant deductions) of those Regulations.”.

(7) In Schedule 3 (sums to be disregarded in the determination of income other than earnings)—

(a) for paragraph 12(5)(b), substitute—

“(b) “rent” means—

(i) eligible rent within the meaning of regulation 12(3) of the Housing Benefit Regulations 2006, less any deductions in respect of non-dependants which fall to be made under regulation 74 of those Regulations; or

(ii) in the case of a person who has attained the qualifying age for state pension credit, eligible rent within the meaning of regulation 12(3) of the Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 2006 (rent), less any deductions in respect of non-dependants which fall to be made under regulation 55 (non-dependant deductions) of those Regulations.”;

(b) in paragraph 49, for “regulation 4D of the Council Tax Benefit (General) Regulations 1992”, substitute “ regulation 7A of the Council Tax Benefit Regulations 2006 M5 ”;

(c) in paragraph 57, for “regulation 7B of the Housing Benefit (General) Regulations 1987”, substitute “ regulation 10A of the Housing Benefit Regulations 2006 M6 ”;

(d) in paragraph 67(3) M7 , for the definition of “rent”, substitute—

““rent” means—

(a) eligible rent within the meaning of regulation 12(3) of the Housing Benefit Regulations 2006 less any deductions in respect of non-dependents which fall to be made under regulation 74 of those Regulations; or

(b) in the case of a person who has attained the qualifying age for state pension credit, eligible rent within the meaning of regulation 12(3) of the Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 2006 (rent), less any deductions in respect of non-dependants which fall to be made under regulation 55 (non-dependant deductions) of those Regulations.”.

(8) In Schedule 4 (capital to be disregarded)—

(a) in paragraph 45, for “regulation 4D of the Council Tax Benefit (General) Regulations 1992”, substitute “ regulation 7A of the Council Tax Benefit Regulations 2006 M8 ”;

(b) in paragraph 50, for “regulation 7B of the Housing Benefit (General) Regulations 1987”, substitute “ regulation 10A of the Housing Benefit Regulations 2006 M9 . ”;

(c) in paragraph 58(3) M10 , for the definition of “rent” substitute—

““rent” means—

(a) eligible rent within the meaning of regulation 12(3) of the Housing Benefit Regulations 2006 less any deductions in respect of non-dependants which fall to be made under regulation 80 of those Regulations; or

(b) in the case of a person who has attained the qualifying age for state pension credit, eligible rent within the meaning of regulation 12(3) of the Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 2006 (rent), less any deductions in respect of non-dependants which fall to be made under regulation 55 (non-dependant deductions) of those Regulations.”.

Marginal Citations

M1 S.I. 1996/2890.

M2 1995 c. 26.

M3 2002 c. 16.

M4 Amended by S.I. 2000/531 and 2000/973.

M5 See regulation 7 and Schedule 4, paragraph 3 for regulation 7A and Schedule A1 (claims by refugees).

M6 See regulation 7 and Schedule 4, paragraph 2 for regulation 10A and Schedule A1 (claims by refugees).

M7 Paragraph 67 was inserted by S.I. 2000/531 in relation to England and in relation to Wales by S.I. 2000/973.

M8 See regulation 7 and Schedule 4, paragraph 3 for regulation 7A and Schedule A1 (claims by refugees.

M9 See regulation 7 and Schedule 4, paragraph 2 for regulation 10A and Schedule A1 (claims by refugees).

M10 Paragraph 58 was inserted by S.I. 2000/531 in relation to England and in relation to Wales by S.I. 2000/973.