Housing Benefit and Council Tax Benefit (State Pension Credit) (Abolition of Benefit Periods) Amendment Regulations 2003
| Year | 2003 |
2003 No. 1338
SOCIAL SECURITY
The Housing Benefit and Council Tax Benefit (State Pension Credit) (Abolition of Benefit Periods) Amendment Regulations 2003
Made 21th May 2003
Laid before Parliament 27th May 2003
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 concerned1, and after agreement by the Social Security Advisory Committee that proposals in respect of these Regulations should not be referred to it2, hereby makes the following Regulations:
PART 1
General
Citation, commencement and interpretation
1.—(1) These Regulations may be cited as the Housing Benefit and Council Tax Benefit (State Pension Credit) (Abolition of Benefit Periods) Amendment Regulations 2003 and shall come into force—
(a)
(a) for the purposes of Parts 1 and 3, on 16th June 2003; and
(b)
(b) for all other purposes on 6th October 2003 immediately after the Housing Benefit and Council Tax Benefit (State Pension Credit) Regulations 20033.
(2) In these Regulations—
“the Act” means the Child Support, Pensions and Social Security Act 20004;
“appropriate relevant authority” has the same meaning as in paragraph 4 of Schedule 7 to the Act;
“benefit period” has the same meaning as in regulation 66 of the Housing Benefit Regulations and regulation 57 of the Council Tax Benefit Regulations as in force immediately before 6th October 2003;
“the Council Tax Benefit Regulations” means the Council Tax Benefit (General) Regulations 19925;
“Housing Act functions” has the same meaning as in section 136(1) of the Social Security Administration Act 19926;
“the Housing Benefit Regulations” means the Housing Benefit (General) Regulations 19877;
“the qualifying age for state pension credit” means (in accordance with section 1(2)(b) and (6) of the State Pension Credit Act 20028)—
(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; and
“state pension credit” means state pension credit under the State Pension Credit Act 2002.
PART 2
Amendment of Housing Benefit Regulations and Council Tax Benefit Regulations
Housing Benefit Regulations and Council Tax Benefit Regulations
2.—(1) The Housing Benefit Regulations and Council Tax Benefit Regulations shall have effect, except where paragraph (2) applies, in relation to any person who has attained the qualifying age for state pension credit, subject to the modifications or amendments set out in this Part of these Regulations.
(2) This paragraph applies where the claimant or, if the claimant has a partner, his partner, is a person on income support or on an income-based jobseeker’s allowance within the meaning of the Housing Benefit Regulations9or the Council Tax Benefit Regulations10, as the case may be.
Continuing payments where state pension credit claimed
3.—(1) In regulation 62B11(continuing payments where state pension credit claimed) of the Housing Benefit Regulations—
(a)
(a) in paragraph (3) for “In” there shall be substituted “Subject to paragraph (3A), in”;
(b)
(b) after paragraph (3), there shall be inserted—
“3A Where housing benefit is paid for the period of 4 weeks in accordance with paragraph (3) above, and the last day of that period falls on a day other than the last day of a benefit week, then housing benefit shall continue to be paid until the end of the benefit week in which the last day of that period falls.”; and
(c)
(c) in paragraph (4) after the words “in paragraph (3)” there shall be inserted “and any further period specified in paragraph (3A)”.
(2) In regulation 53B12(continuing payments where state pension credit claimed) of the Council Tax Benefit Regulations—
(a)
(a) in paragraph (3) for “In” there shall be substituted “Subject to paragraph (3A), in”;
(b)
(b) after paragraph (3), there shall be inserted—
“3A Where council tax benefit is paid for the period of 4 weeks in accordance with paragraph (3) above, and the last day of that period falls on a day other than the last day of a benefit week, then council tax benefit shall continue to be paid until the end of the benefit week in which the last day of that period falls.”; and
(c)
(c) in paragraph (4) after the words “in paragraph (3)” there shall be inserted “and any further period specified in paragraph (3A)”.
PART 3
Transitory Provisions
Transitory provision
4.—(1) This regulation applies in the case of a claimant—
(a)
(a) who has attained the qualifying age for state pension credit on or before 6th October 2003; and
(b)
(b) whose benefit period is due to end in the period beginning 16th June 2003 and ending on 5th October 2003.
(2) Where this regulation applies the appropriate relevant authority, where it considers it appropriate to do so and upon its own initiative, may make a decision under paragraph 4 of Schedule 7 to the Act (decisions superseding earlier decisions).
(3) Where the effect of the decision made in accordance with paragraph (2) is that the benefit period is to be extended, a decision to which paragraph (2) applies shall take effect on the day immediately after the day on which the benefit period would have expired but for the decision made in accordance with this regulation.
(4) Where this regulation applies and the appropriate relevant authority considers it appropriate to make a decision under paragraph (2), the provisions in regulation 72(14)(a) and (b) of the Housing Benefit Regulations and regulation 62(15)(a) and (b) of the Council Tax Benefit Regulations shall not apply.
Extension of benefit period
5. Where regulation 4(1) applies—
(a) regulation 66(3) of the Housing Benefit Regulations13(benefit period) shall have effect as if the reference to “60 benefit weeks” were a reference to “85 benefit weeks”; and
(b) regulation 57(3) of the Council Tax Benefit Regulations (benefit period) shall have effect as if the reference to “60 weeks” were a reference to “85 weeks”.
Transitory provision for rent officer referrals
6. Where the appropriate relevant authority decides to make a decision under regulation 4(2) it may apply to a rent officer for a determination to be made in pursuance of Housing Act functions.
PART 4
Consequential and Transitional Provisions
Application of this Part
7.—(1) This Part shall have effect, except where paragraph (2) applies, in relation to a person who has attained the qualifying age for state pension credit.
(2) This paragraph applies where the claimant or, if the claimant has a partner, his partner, is a person on income support or on an income-based jobseeker’s allowance within the meaning of the Housing Benefit Regulations or, as the case may be, the Council Tax Benefit Regulations.
Amendment of regulation 2 of the Housing Benefit Regulations and regulation 2 of the Council Tax Benefit Regulations
8. In regulation 2(1) of the Housing Benefit Regulations (interpretation) and regulation 2(1) of the Council Tax Benefit Regulations (interpretation)-
(a) the definition of “benefit period” shall be omitted;
(b) at the appropriate place, insert—
““the qualifying age for state pension credit” means (in accordance with section 1(2)(b) and (6) of the State Pension Credit Act 200214)—
(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;”.
Amendment of regulation 7 of the Housing Benefit Regulations
9. In regulation 7(10) of the Housing Benefit Regulations (circumstances in which a person is to be treated as not liable to make payments in respect of a dwelling) the words from “except” to the end of the paragraph shall be omitted.
Amendment of regulation 11 of the Housing Benefit Regulations
10. In regulation 11(6) of the Housing Benefit Regulations (maximum rent)—
(a) in sub-paragraph (b) for the words “benefit period” there shall be substituted “award of housing benefit”;
(b) for the words after sub-paragraph (b) there shall be substituted—
“then—
(i)
(i) the maximum rent shall not be reduced, where the sum is not less than the maximum rent, during a period ending on the date that the authority next applies to the rent officer for a determination in accordance with regulation 12A (requirement to refer to rent officers); and
(ii)
(ii) the maximum rent shall be reduced to an amount equal to that sum, where that sum is less than the maximum rent during a period ending on the date that the authority next applies to the rent officer for a determination in accordance with regulation 12A (requirement to refer to rent officers).”.
Amendment of regulation 12A of the Housing Benefit Regulations
11.—(1) Regulation 12A15(requirement to refer to rent officers) shall be amended in accordance with the following paragraphs.
(2) In paragraph (1)—
(a)
(a) the words “it has received” shall be omitted;
(b)
(b) at the beginning of sub-paragraphs (a), (aa), (b) and (c) the words “it has received” shall be inserted;
(c)
(c) after sub-paragraph (c), there shall...
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