Housing Benefit and Council Tax Benefit (State Pension Credit) Regulations 2003

JurisdictionUK Non-devolved
CitationSI 2003/325
for the purposes of this regulation and regulation 30, on 6th April 2003;for all other purposes, on 6th October 2003.(2) In these Regulations—
  • “the Housing Benefit Regulations” means the Housing Benefit (General) Regulations 1987;
  • “the Council Tax Benefit Regulations” means the Council Tax Benefit (General) Regulations 1992;
  • “the qualifying age for state pension credit” is (in accordance with section 1(2) (b) and (6) of the State Pension Credit Act) —
    • (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;
  • “the State Pension Credit Act” means the State Pension Credit Act 2002.
in the Housing Benefit Regulations to a regulation of or Schedule to those Regulations is to those provisions as modified or amended by these Regulations;in the Council Tax Benefit Regulations to a regulation of or Schedule to those Regulations is to those provisions as modified or amended by these Regulations.(1) The Housing 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 set out in this Part, Part 4 and Schedule 2.(2) This paragraph applies if 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.(3) In this Part, references to regulations and Schedules are, unless the context otherwise requires, references to regulations of and Schedules to the Housing Benefit Regulations.for the definition of “assessment period”, substitute—
    • “assessment period” means the period determined—
      • (a) in relation to the earnings of a self-employed earner, in accordance with regulation 32 for the purpose of calculating the weekly earnings of the claimant; or
      • (b) in relation to any other income, in accordance with regulation 28 for the purpose of calculating the weekly income of the claimant;
;
for the definition of “the benefit Acts”, substitute—
    • “the benefit Acts” means the Contributions and Benefits Act, the Jobseekers Act 1995 and the State Pension Credit Act;
;
after the definition of “benefit week”, insert—
    • “board and lodging accommodation” means accommodation provided to a person or, if he is a member of a family, to him or any other member of his family, for a charge which is inclusive of the provision of that accommodation and at least some cooked or prepared meals which both are cooked or prepared (by a person other than the person to whom the accommodation is provided or a member of his family) and are consumed in that accommodation or associated premises;
    • “care home” has the meaning it has for the purposes of the Care Standards Act 2000
    • by virtue of section 3 of that Act and in Scotland means a care home service;
    • “care home service” has the meaning assigned to it by section 2(3) of the Regulation of Care (Scotland) Act 2001
    • ;
;
after the definition of “disability living allowance”, insert—
    • “dwelling occupied as the home” means the dwelling, together with any garage, garden and outbuildings, normally occupied by the claimant as his home, including any premises not so occupied which it is impracticable or unreasonable to sell separately, in particular, in Scotland, any croft land on which the dwelling is situated;
;
after the definition of “gateway office”after the definition of “person on income support”, insert—
    • “person on state pension credit” means a person in receipt of state pension credit;
;
after the definition of “retirement annuity contract” insert—
    • “savings credit” shall be construed in accordance with sections 1 and 3 of the State Pension Credit Act;
;
after the definition of “self-employment route” insert—
    • “the State Pension Credit Act” means the State Pension Credit Act 2002;
.
(2) In that regulation, after paragraph (4A) In these Regulations references to any person in receipt of a guarantee credit, a savings credit or state pension credit includes a reference to a person who would be in receipt thereof but for regulation 13 of the State Pension Credit Regulations 2002
  • After regulation 4(5A) (housing benefit—remunerative work)
  • Paragraph (5) shall not apply for the purposes of regulation 27 (treatment of child care

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