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

3.—(1) Where the higher pensioner premium was applicable to a claimant on, or at any time during the 56 days immediately preceding, 12th April 1995 by virtue of [F1 paragraph 12(1)(a)(ii) of Schedule 2 to the 1987 Regulations] M1 , or paragraph 13(1)(a)(ii) of Schedule 1 to the 1992 Regulations M2 , as in force on that date, paragraph 13 of each of the Schedules specified in sub-paragraph (2) shall, in so far as it applies to those claimants, apply subject to the amendments specified in sub-paragraph (3).

(2) Those Schedules (which all relate to the applicable amount) are—

(a) Schedule 3 to the Housing Benefit Regulations; and

(b) Schedule 1 to the Council Tax Benefit Regulations.

(3) The amendments specified in this sub-paragraph are—

(a) in sub-paragraph (1)(a)(i), for the words “long-term incapacity benefit”, substitute “ an invalidity pension ” and for the words “in the case of long-term incapacity benefit”, substitute “ in the case of invalidity pension ”;

(b) in sub-paragraph (1)(a)(ii) for the words “long-term incapacity benefit” substitute “ invalidity pension ”;

(c) for head (b) of sub-paragraph (1), substitute—

“(b) the circumstances of the claimant fall, and have fallen, in respect of a continuous period of not less than 28 weeks, within sub-paragraph (6) or, if he was in Northern Ireland for the whole or part of that period, within one or more comparable Northern Irish provisions.”;

(d) in sub-paragraph (3), for the words “or to be incapable of work”, substitute “ for the purposes of the provisions specified in that provision ”;

(e) for sub-paragraphs (6) and (7), substitute—

“(6) For the purposes of sub-paragraph (1)(b) the circumstances of a claimant fall within this sub-paragraph if—

(a) he provides evidence of incapacity in accordance with regulation 2 of the Social Security (Medical Evidence) Regulations 1976 M3 (evidence of incapacity for work) in support of a claim for sickness benefit, invalidity pension or severe disablement allowance within the meaning of sections 31, 33 or 68 of the Act, provided that an adjudication officer has not determined he is not incapable of work, or

(b) he is in receipt of statutory sick pay within the meaning of Part 11 of the Act.”.

Textual Amendments

F1 Words in Sch. 3 para. 3(1) substituted (19.5.2008) by Social Security (Miscellaneous Amendments) (No.2) Regulations 2008 (S.I. 2008/1042), regs. 1(2), 7(2)

Marginal Citations

M1 S.I. 1987/1971.

M2 S.I. 1992/1814.

M3 S.I. 1976/615; relevant amending instruments are S.I. 1982/699, 1985/987 and 1987/409.