# The Housing Benefit and Council Tax Benefit (State Pension Credit) Regulations 2003 S.I. 2003/325 · made 17 February 2003 · revised to 6 March 2006 The Regulations contained in this Instrument are made either by virtue of, or in consequence of, provisions introduced by the State Pension Credit Act 2002 (c. 16) (“the 2002 Act”). This Instrument is made before the expiry of the period of 6 months beginning with the coming into force of those provisions; the regulations in it are therefore exempt in accordance with section 173(5) of the Social Security Administration Act 1992 from the requirement in section 172(2) of that Act to refer proposals to make Regulations to the Social Security Advisory Committee and are made without reference to that Committee. Made under: State Pension Credit Act 2002 PDFs: Printed copy https://openlegislation.uk/housing-benefit-and-council-tax-benefit-state-pension-credit-regulations-2003/pdf/uksi_20030325_310311_en.pdf; Printed copy https://openlegislation.uk/housing-benefit-and-council-tax-benefit-state-pension-credit-regulations-2003/pdf/uksi_20030325_en.pdf ## Introductory text SOCIAL SECURITY Made 17th February 2003 Laid before Parliament 20th February 2003 Coming into force in accordance with regulation 1(1) The Secretary of State, in exercise of the powers conferred upon him by the provisions specified in Schedule 1 to this Instrument and of all other powers enabling him in that behalf, after consultation with organisations appearing to him to be representative of the authorities concerned, by this Instrument, which contains only regulations made by virtue of or consequential upon paragraph 3 of Schedule 2 to, and in so far as it relates to that paragraph section 14 of, the State Pension Credit Act 2002 and which is made before the end of the period of 6 months beginning with the coming into force of those provisions, hereby makes the following Regulations: ## Part 1: General ## 1 Citation, commencement and interpretation (1) These Regulations may be cited as the Housing Benefit and Council Tax Benefit (State Pension Credit) Regulations 2003 and shall come into force— (a) for the purposes of this regulation and regulation 30, on 6th April 2003; (b) for all other purposes, on 6th October 2003. (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ## Part 2: Housing Benefit ## 2 Housing Benefit Regulations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ## 3 Interpretation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ## 3A Modification of regulation 4 ... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ## 4 Modification of regulation 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ## 5 Persons from abroad . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ## 6 Applicable amounts . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ## 7 Amendment of regulation 19 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ## 8 Income and capital . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ## 9 Provisions which do not apply . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ## 10 Continuing payments where state pension credit claimed . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ## 11 Amendment of regulation 63 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ## Part 3: Council Tax Benefit ## 12 Council Tax Benefit Regulations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ## 13 Interpretation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ## 13A Modification of regulation 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ## 14 Persons from abroad . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ## 15 Applicable amounts . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ## 16 Amendment of regulation 11 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ## 17 Income and capital . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ## 18 Provisions which do not apply . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ## 19 Amendment of regulation 52 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ## 20 Continuing payments . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ## Part 4: Schedules Common to Housing Benefit and Council Tax Benefit ## 21 Application of Schedule 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ## Part 5: Consequential and Transitional Provisions ## 22 Date on which change of circumstances takes effect . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ## 23 Time claims are made or treated as made . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ## 24 Notification of change of circumstances . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ## 25 Decisions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ## 26 Amendments relating to recovery of overpaid housing benefit or excess council tax benefit . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ## 27 Minor amendments . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ## 28 Amendment of the Housing Benefit and Council Tax Benefit (Decisions and Appeals) Regulations 2001 In regulation 8 of the Housing Benefit and Council Tax Benefit (Decisions and Appeals) Regulations 2001 (date from which a decision superseding an earlier decision takes effect)— (a) in paragraph (2), for the words “in accordance with regulations 68 and 68A of the Housing Benefit Regulations or, as the case may be, regulations 59 and 59A of the Council Tax Benefit Regulations”, substitute “in accordance with regulations 68, 68A or 68B of the Housing Benefit Regulations or, as the case may be, regulations 59, 59A or 59B of the Council Tax Benefit Regulations”; (b) in paragraph (3), after “68A”, insert “or 68B” and after “59A”, insert “or 59B”. ## 29 Transitional provision . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ## 30 Claims made before 6th October 2003 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ## 31 Existing claimants . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ## Signature Malcolm Wicks Parliamentary Under-Secretary of State, Department for Work and Pensions ## Schedule 1 Provisions Conferring Powers Exercised in making these Regulations Column (1) Column (2) Column (3) Short title Provision Relevant amendments Social Security Contributions and Benefits Act 1992 Section 123(1)(d) and (e) Local Government Finance Act 1992, Schedule 9, paragraph 1(1). Section 130(4) Section 131(3)(b) and (10) Local Government Finance Act 1992, Schedule 9, paragraph 4. Section 134(1) Section 135(1) and (6) Section 136 Section 136A(3) and (4)(a) State Pension Credit Act 2002, Schedule 2, paragraph 3. Section 137(1) and (2)(c), (h) and (i) Section 175(3) to (5) Social Security (Incapacity for Work) Act 1994, Schedule 1, paragraph 36; Section 175 (3) to (5) is applied to provisions of the State Pension Credit Act 2002 by section 19(1) of that Act. Social Security Administration Act 1992 Section 5(1)(a) to (e), (hh), (j), (k) and (p), and (6) Housing Act 1996, section 120; Social Security Act 1998, section 74 and Schedule 7, paragraph 79; Child Support, Pensions and Social Security Act 2000, Schedule 7, paragraph 21(2). Section 6(1)(a) to (e), (hh), (k) and (l) Local Government Finance Act 1992, Schedule 9, paragraph 12(1)(b); Child Support, Pensions and Social Security Act 2000, Schedule 7, paragraph 21(2). Section 75(4) Section 76(3)(c) Section 189(4) and (5) Social Security Act 1998, Schedule 7, paragraph 109. Social Security Act 1998 Section 34(1) and (2) Section 79(4) Applied to Schedule 7 to the Child Support, Pensions and Social Security Act 2000 by paragraph 20(3) of that Schedule. Child Support, Pensions and Social Security Act 2000 Schedule 7, paragraphs 4(6), 12 and 20(1)(b) State Pension Credit Act 2002 Section 13(1) ## Schedule 2: Disregards ## 1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ## 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ## Explanatory note (This note is not part of the Regulations) The Regulations contained in this Instrument are made either by virtue of, or in consequence of, provisions introduced by the State Pension Credit Act 2002 (c. 16) (“the 2002 Act”). This Instrument is made before the expiry of the period of 6 months beginning with the coming into force of those provisions; the regulations in it are therefore exempt in accordance with section 173(5) of the Social Security Administration Act 1992 from the requirement in section 172(2) of that Act to refer proposals to make Regulations to the Social Security Advisory Committee and are made without reference to that Committee. These Regulations amend the Housing Benefit (General) Regulations 1987 (“the Housing Benefit Regulations”) and the Council Tax Benefit (General) Regulations 1992 (“the Council Tax Benefit Regulations”). They contain new provisions for those who have attained the qualifying age for state pension credit. In the case of a woman, that age is pensionable age and in the case of a man it is the age which is pensionable age in the case of a woman born on the same day as the man (section 1(6) of the State Pension Credit Act 2002). Part 1 of the Regulations provides for their citation, commencement and interpretation. Part 2 contains modifications to the Housing Benefit Regulations. Regulation 3 of that Part adds new expressions to the interpretation provisions in the Housing Benefit Regulations. Regulation 6 contains new provisions for determining the applicable amount for a person who has attained the qualifying age for state pension credit. Rates for those aged 65 or over are higher than for those aged under 65. Regulation 8 replaces the existing provisions on income and capital with new regulations 21 to 44 of the Housing Benefit Regulations. They provide in particular that— those entitled to a guarantee credit in state pension credit are to be treated as having neither income nor capital; the calculation of the income of a claimant whose entitlement to state pension credit consists only of the savings credit will be based upon the assessment made by the Secretary of State for the purposes of determining the award of state pension credit. This figure is to be subject to a number of adjustments which the determining authority must make in accordance with the provisions of regulation 23; those who have attained the qualifying age for state pension credit but have no entitlement to that benefit will have their income and capital calculated in accordance with the rules set out in regulations 25 to 44 of the Housing Benefit Regulations. Regulation 25 of the Housing Benefit Regulations provides a definition of “income” for the purposes of those claimants who have attained the qualifying age for state pension credit. Regulations 26 to 29 contain provisions relating to the calculation of a person’s income; regulations 30 and 31 provide for the calculation of earnings from employed earner’s employment and regulations 32 to 35 provide for the calculation of the earnings of self-employed earners. Regulations 38 to 44 provide for the calculation of a person’s capital and include provisions as to notional capital (regulation 42) and diminishing notional capital (regulation 43). Regulation 44 provides for capital jointly held. Regulation 9 of these Regulations provides that the provisions of Part VII of the Housing Benefit Regulations (students) (regulations 46 to 60) will not apply to those who have attained the qualifying age for state pension credit. Regulation 10 provides for continuing payments of housing benefit where the claimant has attained the qualifying age for state pension credit, or if he claimed jobseeker’s allowance after attaining that age, has attained the age of 65. It also applies where the claimant’s partner has actually claimed state pension credit. Part 3 (regulations 12 to 20) contains matching provisions relating to council tax benefit. Part 4 (regulation 21) introduces three new Schedules common to both housing benefit and council tax benefit. These Schedules make provision for disregarding prescribed sums in calculating the income and capital of the claimant. Part 5 contains miscellaneous consequential provisions and savings. Regulation 22 specifies the date a change of circumstances is to take effect where the change relates to a non-dependant. Regulation 23 amends regulations relating to housing benefit and council tax benefit relating to claims in their application to persons who have attained the qualifying age for state pension credit. Regulation 24 specifies changes of circumstances which a claimant must report. It also introduces new provisions specifying the date a change of circumstances takes effect where state pension credit is payable. Regulation 25 specifies the information which a local authority which has determined a claim for housing benefit must give to a claimant who has attained the qualifying age for state pension credit. Regulation 26 provides for state pension credit to be added to the list of benefits from which housing benefit and council tax benefit may be recovered. Regulation 27 contains minor amendments. Regulation 28 amends the Housing Benefit and Council Tax Benefit (Decisions and Appeals) Regulations 2001 which is consequential upon regulation 24 (date a change of circumstances takes effect). Regulations 29 and 30 contain transitional provisions relating to claims for housing benefit and council tax benefit by persons who have attained or whose partner has attained the qualifying age for state pension credit. Regulation 31 makes provision for existing beneficiaries who, on 6th October 2003, are patients. These Regulations do not impose a charge on business. --- Source: https://www.legislation.gov.uk/uksi/2003/325 (the official version) Page: https://openlegislation.uk/housing-benefit-and-council-tax-benefit-state-pension-credit-regulations-2003 Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.