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Paragraph 11 Higher Pensioner PremiumI1

England, Wales and Scotland

Changes not yet applied. Later legislation changes this provision in ways not yet written into the text below:

(1)

Where the claimant is a single claimant or a lone parent, the condition is that—

(a)

he is aged not less than 80; or

(b)

he is aged less than 80 but not less than 60, and

(i)

the additional condition specified in paragraph 13(1)(a) is satisfied, or

(ii)

the claimant was in receipt of council tax benefit and the disability premium was applicable to him in respect of a benefit week within 8 weeks of his 60th birthday and he has, subject to sub-paragraph (3), remained continuously in receipt of council tax benefit since attaining that age.

(2)

Where the claimant has a partner, the condition is that—

(a)

he or his partner is aged not less than 80; or

(b)

he or his partner is aged less than 80 but not less than 60 and either—

(i)

the additional condition specified in paragraph 13(1)(a) is satisfied, or

(ii)

the claimant was in receipt of council tax benefit and the disability premium was applicable to him in respect of a benefit week within 8 weeks of his 60th birthday and he has, subject to sub-paragraph (3), remained continuously in receipt of council tax benefit since attaining that age.

(3)

For the purposes of this paragraph and paragraph 13—

(a)

once the higher pensioner premium is applicable to a claimant, if he then ceases, for a period of 8 weeks or less, to be entitled to council tax benefit, he shall, on becoming reentitled to council tax benefit, thereafter be treated as having been continuously entitled to that benefit;

(b)

where sub-paragraphs (1)(b)(ii) and (2)(b)(ii) apply, if a claimant ceases to be entitled to council tax benefit for a period not exceeding 8 weeks which includes his 60th birthday, he shall, on becoming re-entitled to council tax benefit, thereafter be treated as having been continuously entitled to that benefit;

(c)

where the claimant or his partner—

(i)

was entitled to housing benefit F1or, as the case may be, community charge benefit at any time in the period of 8 weeks before becoming entitled or re-entitled to council tax benefit, and

(ii)

satisfied the conditions in respect of higher pensioner premium under paragraphs 10 and 12 of Schedule 2 to the Housing Benefit (General) Regulations 1987, F2or, as the case may be, paragraphs 11 and 13 of Schedule 1 to the Community Charge Benefits (General) Regulations 1989

for the purpose of establishing entitlement or re-entitlement for council tax benefit, he or his partner shall be treated as satisfying the equivalent conditions for higher pensioner premium under this paragraph and paragraph 13.

Annotations

Textual amendments

F1

Words in Sch. 1 para. 11(3)(c)(i) inserted (1.4.1993 immediately after art. 20 of S.I. 1993/349 comes into force) by The Council Tax Benefit (General) Amendment Regulations 1993 (S.I. 1993/688), regs. 1(1), 22(a)(i)

F2

Words in Sch. 1 para. 11(3)(c)(ii) added (1.4.1993 immediately after art. 20 of S.I. 1993/349 comes into force) by The Council Tax Benefit (General) Amendment Regulations 1993 (S.I. 1993/688), regs. 1(1), 22(a)(ii)

Commencement

I1

Sch. 1 Pt. III para. 11 in force at 1.4.1993, see reg. 1(b)

Notes on Schedule 1

Textual amendments

F1

Sch. 1 Pt. I substituted (1.4.1993) by The Social Security Benefits Up-rating Order 1993 (S.I. 1993/349), arts. 1(2)(a), 20(5), Sch. 11