OpenLegislation

The Social Security (Equalisation of State Pension Age) Regulations 2009

S.I. 2009/1488 · Made 9 June 2009 · Extends to England, Wales and Scotland

Up to date with all changes known to legislation.gov.uk, revised to 16 September 2024.

This Statutory Instrument has been printed in substitution of the SI of the same number and is being issued free of charge to all known recipients of that Statutory Instrument.

Social Security

Made 9th June 2009

Laid before Parliament 1st July 2009

Coming into force 6th April 2010

The Secretary of State for Work and Pensions makes the following Regulations in exercise of the powers conferred on him by the enactments specified in the Schedule.

With respect to regulations 24 to 41, in accordance with section 176(1) of the Social Security Administration Act 1992f1 the Secretary of State has consulted with organisations appearing to him to be representative of the authorities concerned.

The Social Security Advisory Committee has agreed that proposals in respect of these Regulations should not be referred to itf2.

Annotations to the whole text

Footnotes

f1

1992 c. 5. Section 176(1) was amended by paragraph 23 of Schedule 9 to the Local Government Finance Act 1992 (c. 14), paragraph 3(4) of Schedule 13 to the Housing Act 1996 (c. 52) and section 69(6) of the Child Support, Pensions and Social Security Act 2000 (c. 19).

f2

Section 173(1)(b) of the Social Security Administration Act 1992 (c. 5) provides that matter which would otherwise be referable to the Social Security Advisory Committee may not be so referred with the agreement of that Committee. These Regulations would otherwise be referable to the Committee by virtue of section 170 of that Act.

Contents

  1. 1Citation and commencement
  2. 2Amendment of the Income Support (General) Regulations 1987
  3. 3Amendment of the Income Support (General) Regulations 1987
  4. 4Amendment of the Income Support (General) Regulations 1987
  5. 5Amendment of the Social Security (Claims and Payments) Regulations 1987
  6. 6Amendment of the Social Security (Claims and Payments) Regulations 1987
  7. 7Amendment of the Social Security (Incapacity Benefit) (Transitional) Regulations 1995
  8. 8Amendment of the Social Security (Incapacity Benefit) (Transitional) Regulations 1995
  9. 9Amendment of the Jobseeker’s Allowance Regulations 1996
  10. 10Amendment of the Jobseeker’s Allowance Regulations 1996
  11. 11Amendment of the Jobseeker’s Allowance Regulations 1996
  12. 12Amendment of the Jobseeker’s Allowance Regulations 1996
  13. 13Amendment of the Jobseeker’s Allowance Regulations 1996
  14. 14Amendment of the Jobseeker’s Allowance Regulations 1996
  15. 15Amendment of the Jobseeker’s Allowance Regulations 1996
  16. 16Amendment of the Jobseeker’s Allowance Regulations 1996
  17. 17Amendment of the Jobseeker’s Allowance Regulations 1996
  18. 18Amendment of the Social Fund Winter Fuel Payment Regulations 2000 Repealed
  19. 19Amendment of the Social Fund Winter Fuel Payment Regulations 2000 Repealed
  20. 20Amendment of the Social Fund Winter Fuel Payment Regulations 2000 Repealed
  21. 21Amendment of the Social Fund Winter Fuel Payment Regulations 2000 Repealed
  22. 22Amendment of the State Pension Credit Regulations 2002
  23. 23Amendment of the State Pension Credit Regulations 2002
  24. 24Amendment of the Housing Benefit Regulations 2006
  25. 25Amendment of the Housing Benefit Regulations 2006
  26. 26Amendment of the Housing Benefit Regulations 2006
  27. 27Amendment of the Housing Benefit Regulations 2006
  28. 28Amendment of the Housing Benefit Regulations 2006
  29. 29Amendment of the Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 2006
  30. 30Amendment of the Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 2006
  31. 31Amendment of the Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 2006
  32. 32Amendment of the Council Tax Benefit Regulations 2006
  33. 33Amendment of the Council Tax Benefit Regulations 2006
  34. 34Amendment of the Council Tax Benefit Regulations 2006
  35. 35Amendment of the Council Tax Benefit Regulations 2006
  36. 36Amendment of the Council Tax Benefit Regulations 2006
  37. 37Amendment of the Council Tax Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 2006
  38. 38Amendment of the Council Tax Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 2006
  39. 39Amendment of the Council Tax Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 2006
  40. 40Amendment of the Housing Benefit and Council Tax Benefit (Consequential Provisions) Regulations 2006
  41. 41Amendment of the Housing Benefit and Council Tax Benefit (Consequential Provisions) Regulations 2006
  42. 42Amendment of the Employment and Support Allowance Regulations 2008
  43. 43Amendment of the Employment and Support Allowance Regulations 2008
  44. 44Amendment of the Employment and Support Allowance Regulations 2008
  45. Signature
  46. Schedule Enactments conferring powers under which these Regulations are made
  47. Explanatory note

1Citation and commencementI1

These Regulations may be cited as the Social Security (Equalisation of State Pension Age) Regulations 2009 and shall come into force on 6th April 2010.

2Amendment of the Income Support (General) Regulations 1987I1

The Income Support (General) Regulations 1987f1 are amended as follows.

3Amendment of the Income Support (General) Regulations 1987I1

(1)

Schedule 2 (applicable amounts) is amended in accordance with this regulation.

(2)

In paragraph 9 (pensioner premium for persons under 75), for “not less than 60” substitute “not less than the qualifying age for state pension credit”.

(3)

In paragraph 10 (higher pensioner premium)—

(a)

in sub-paragraph (1)(b), for “not less than 60” substitute “not less than the qualifying age for state pension credit”;

(b)

in sub-paragraphs (1)(b)(ii)(aa) and (3)(b), for “his partner’s 60th birthday” substitute “the day his partner attained the qualifying age for state pension credit”;

(c)

in sub-paragraph (1)(b)(ii)(bb), for “the age of 60” substitute “the qualifying age for state pension credit”.

(4)

In sub-paragraph (1)(b)(ii) of paragraph 11 (disability premium), for “is aged less than 60” substitute “has not attained the qualifying age for state pension credit”.

(5)

In sub-paragraph (1) of paragraph 13A (enhanced disability premium), for “is aged less than 60” substitute “has not attained the qualifying age for state pension credit”.

4Amendment of the Income Support (General) Regulations 1987I1

(1)

Schedule 10 (capital to be disregarded) is amended in accordance with this regulation.

(2)

In sub-paragraph (a) of paragraph 4, for “is aged 60 or over” substitute “has attained the qualifying age for state pension credit”.

5Amendment of the Social Security (Claims and Payments) Regulations 1987I1

The Social Security (Claims and Payments) Regulations 1987f1 are amended as follows.

6Amendment of the Social Security (Claims and Payments) Regulations 1987I1

(1)

Regulation 36 (payment to a partner as alternative payee) is amended in accordance with this regulation.

(2)

In paragraph (2), for “the other person has not yet attained the age of 60 in the qualifying week” substitute “in the qualifying week the other person has not yet attained the qualifying age”.

7Amendment of the Social Security (Incapacity Benefit) (Transitional) Regulations 1995I1

The Social Security (Incapacity Benefit) (Transitional) Regulations 1995f1 are amended as follows.

8Amendment of the Social Security (Incapacity Benefit) (Transitional) Regulations 1995I1

(1)

Regulation 1 (citation, commencement and interpretation) is amended in accordance with this regulation.

(2)

In paragraph (2), for the definition of “pensionable age” substitute—

  • ““pensionable age” has the meaning given by the rules in paragraph 1 of Schedule 4 to the Pensions Act 1995f1;”.

9Amendment of the Jobseeker’s Allowance Regulations 1996I1

The Jobseeker’s Allowance Regulations 1996f1 are amended as follows.

10Amendment of the Jobseeker’s Allowance Regulations 1996I1

(1)

Regulation 1 (citation, commencement and interpretation) is amended in accordance with this regulation.

(2)

In paragraph (3), after the definition of “polygamous marriage” insert—

  • ““qualifying age for state pension credit” means—

    1. (a)

      in the case of a woman, pensionable age; or

    2. (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;”.

11Amendment of the Jobseeker’s Allowance Regulations 1996I1

(1)

Regulation 49 (persons approaching retirement and the jobseeking period) is amended in accordance with this regulation.

(2)

In paragraph (1)(b), for “the age of 60” substitute “the qualifying age for state pension credit”.

12Amendment of the Jobseeker’s Allowance Regulations 1996I1

(1)

Schedule A1 (categories of members of a joint-claim couple who are not required to satisfy the conditions in section 1(2B)(b)) is amended in accordance with this regulation.

(2)

For paragraph 13 substitute—

“Members who have attained the qualifying age for state pension credit

13.

A member who has attained the qualifying age for state pension credit.”.

13Amendment of the Jobseeker’s Allowance Regulations 1996I1

(1)

Schedule 1 (applicable amounts) is amended in accordance with this regulation.

(2)

In Part 3 (premiums)—

(a)

in the heading to paragraph 10, for “over 60” substitute “over the qualifying age for state pension credit”;

(b)

in paragraph 10 (pensioner premium for persons over the qualifying age for state pension credit), for “the age of 60”, wherever those words occur, substitute “the qualifying age for state pension credit”;

(c)

in paragraph 12 (higher pensioner premium)—

(i)

in sub-paragraph (1), for “the age of 60”, wherever those words occur, substitute “the qualifying age for state pension credit”;

(ii)

in sub-paragraphs (1)(a)(ii) and (2)(b), for “his 60th birthday” substitute “the date he attained the qualifying age for state pension credit”;

(d)

in sub-paragraph (1) of paragraph 13 (disability premium), for “the age of 60”, wherever those words occur, substitute “the qualifying age for state pension credit”;

(e)

in sub-paragraph (1) of paragraph 15A (enhanced disability premium), for “is aged less than 60” substitute “has not attained the qualifying age for state pension credit”.

(3)

In Part 4 (weekly amounts of premiums specified in Part 3), in sub-paragraph (2) of paragraph 20, for “aged over 60” substitute “who have attained the qualifying age for state pension credit”.

(4)

In Part 4A (premiums for joint-claim couples)—

(a)

in the heading to paragraph 20E, for “the age of 60” substitute “the qualifying age for state pension credit”;

(b)

in paragraph 20E (pensioner premium where one member of a joint-claim couple has attained the qualifying age for state pension credit), for “the age of 60” substitute “the qualifying age for state pension credit”;

(c)

in paragraph 20F (higher pensioner premium)—

(i)

in sub-paragraph (1)(a) and (b), for “the age of 60” substitute “the qualifying age for state pension credit”;

(ii)

in sub-paragraph (1)(b)(i) for “his 60th birthday” substitute “the date he attained the qualifying age for state pension credit”;

(iii)

in sub-paragraphs (1)(b)(ii) and (2)(b), for “the 60th birthday of either member of that couple” substitute “the date either member of that couple attained the qualifying age for state pension credit”;

(d)

in sub-paragraph (1) of paragraph 20G (disability premium), for “the age of 60” substitute “the qualifying age for state pension credit”;

(e)

in sub-paragraph (1) of paragraph 20IA (enhanced disability premium), for “is aged less than 60” substitute “has not attained the qualifying age for state pension credit”.

(5)

In Part 4B (weekly amounts of premiums specified in Part 4A), in sub-paragraph (1) of paragraph 20M, for “is aged over 60” substitute “has attained the qualifying age for state pension credit”.

14Amendment of the Jobseeker’s Allowance Regulations 1996I1

(1)

Schedule 2 (housing costs) is amended in accordance with this regulation.

(2)

In sub-paragraph (1)(a) of paragraph 8 (general exclusions from paragraphs 6 and 7), for “is aged 60 or over” substitute “has attained the qualifying age for state pension credit”.

15Amendment of the Jobseeker’s Allowance Regulations 1996I1

(1)

Schedule 6 (sums to be disregarded in the calculation of earnings) is amended in accordance with this regulation.

(2)

In paragraph 5—

(a)

in sub-paragraph (3)(b), for “is under the age of 60” substitute “has not attained the qualifying age for state pension credit”;

(b)

in sub-paragraphs (4)(b) and (7)(a)(i), (b) and (c), for “the age of 60” substitute “the qualifying age for state pension credit”.

16Amendment of the Jobseeker’s Allowance Regulations 1996I1

(1)

Schedule 6A (sums to be disregarded in the calculation of earnings of members of joint-claim couples) is amended in accordance with this regulation.

(2)

In paragraph 1—

(a)

in sub-paragraph (3)(b), for “is under the age of 60” substitute “has not attained the qualifying age for state pension credit”;

(b)

in sub-paragraphs (4)(b) and (5)(a)(i), (b) and (c), for “the age of 60” substitute “the qualifying age for state pension credit”.

17Amendment of the Jobseeker’s Allowance Regulations 1996I1

(1)

Schedule 8 (capital to be disregarded) is amended in accordance with this regulation.

(2)

In sub-paragraph (a) of paragraph 4, for “is aged 60 or over” substitute “has attained the qualifying age for state pension credit”.

18Amendment of the Social Fund Winter Fuel Payment Regulations 2000F1I1

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19Amendment of the Social Fund Winter Fuel Payment Regulations 2000F1I1

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

20Amendment of the Social Fund Winter Fuel Payment Regulations 2000F1I1

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

21Amendment of the Social Fund Winter Fuel Payment Regulations 2000F1I1

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

22Amendment of the State Pension Credit Regulations 2002I1

The State Pension Credit Regulations 2002f1 are amended as follows.

23Amendment of the State Pension Credit Regulations 2002I1

(1)

Part 1 (capital disregarded for the purpose of calculating income) of Schedule 5 (income from capital) is amended in accordance with this regulation.

(2)

In paragraph 4(a), for “is either aged 60 or over or incapacitated” substitute “has attained the qualifying age for state pension credit or is incapacitated”.

24Amendment of the Housing Benefit Regulations 2006I1

The Housing Benefit Regulations 2006f1 are amended as follows.

25Amendment of the Housing Benefit Regulations 2006I1

(1)

Regulation 83 (time and manner in which claims are to be made) is amended in accordance with this regulation.

(2)

In paragraph (11), for “the age of 59 years and 35 weeks” substitute “the age which is 17 weeks younger than the qualifying age for state pension credit”.

26Amendment of the Housing Benefit Regulations 2006I1

(1)

Schedule 3 (applicable amounts) is amended in accordance with this regulation.

(2)

In paragraph 12 (disability premium), for “is aged less than 60”, wherever those words occur, substitute “has not attained the qualifying age for state pension credit”.

(3)

In sub-paragraph (1) of paragraph 15 (enhanced disability premium), for “is aged less than 60” substitute “has not attained the qualifying age for state pension credit”.

27Amendment of the Housing Benefit Regulations 2006I1

(1)

Schedule 4 (sums to be disregarded in the calculation of earnings) is amended in accordance with this regulation.

(2)

In paragraph 3(3)(b), for “is under the age of 60” substitute “has not attained the qualifying age for state pension credit”.

28Amendment of the Housing Benefit Regulations 2006I1

(1)

Schedule 6 (capital to be disregarded) is amended in accordance with this regulation.

(2)

In paragraph 4(a), for “where that person is either aged 60 or over or incapacitated” substitute “where that person has attained the qualifying age for state pension credit or is incapacitated”.

29Amendment of the Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 2006I1

The Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 2006f1 are amended as follows.

30Amendment of the Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 2006I1

(1)

Regulation 64 (time and manner in which claims are to be made) is amended in accordance with this regulation.

(2)

In paragraph (12), for “the age of 59 years and 35 weeks” substitute “the age which is 17 weeks younger than the qualifying age for state pension credit”.

31Amendment of the Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 2006I1

(1)

Schedule 6 (capital to be disregarded) is amended in accordance with this regulation.

(2)

In paragraph 4(a), for “where that person is either aged 60 or over or incapacitated” substitute “where that person has attained the qualifying age for state pension credit or is incapacitated”.

32Amendment of the Council Tax Benefit Regulations 2006I1

The Council Tax Benefit Regulations 2006f1 are amended as follows.

33Amendment of the Council Tax Benefit Regulations 2006I1

(1)

Regulation 69 (time and manner in which claims are to be made) is amended in accordance with this regulation.

(2)

In paragraph (13), for “the age of 59 years and 35 weeks” substitute “the age which is 17 weeks younger than the qualifying age for state pension credit”.

34Amendment of the Council Tax Benefit Regulations 2006I1

(1)

Schedule 1 (applicable amounts) is amended in accordance with this regulation.

(2)

In paragraph 12 (disability premium), for “is aged less than 60”, wherever those words occur, substitute “has not attained the qualifying age for state pension credit”.

(3)

In sub-paragraph (1) of paragraph 15 (enhanced disability premium), for “is aged less than 60” substitute “has not attained the qualifying age for state pension credit”.

35Amendment of the Council Tax Benefit Regulations 2006I1

(1)

Schedule 3 (sums to be disregarded in the calculation of earnings) is amended in accordance with this regulation.

(2)

In paragraph 3(3)(b), for “is under the age of 60” substitute “has not attained the qualifying age for state pension credit”.

36Amendment of the Council Tax Benefit Regulations 2006I1

(1)

Schedule 5 (capital to be disregarded) is amended in accordance with this regulation.

(2)

In paragraph 4(a), for “where that person is either aged 60 or over or incapacitated” substitute “where that person has attained the qualifying age for state pension credit or is incapacitated”.

37Amendment of the Council Tax Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 2006I1

The Council Tax Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 2006f1 are amended as follows.

38Amendment of the Council Tax Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 2006I1

(1)

Regulation 53 (time and manner in which claims are to be made) is amended in accordance with this regulation.

(2)

In paragraph (12A), for “the age of 59 years and 35 weeks” substitute “the age which is 17 weeks younger than the qualifying age for state pension credit”.

39Amendment of the Council Tax Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 2006I1

(1)

Schedule 4 (capital disregards) is amended in accordance with this regulation.

(2)

In paragraph 4(a), for “where that person is either aged 60 or over or incapacitated” substitute “where that person has attained the qualifying age for state pension credit or is incapacitated”.

40Amendment of the Housing Benefit and Council Tax Benefit (Consequential Provisions) Regulations 2006I1

The Housing Benefit and Council Tax Benefit (Consequential Provisions) Regulations 2006f1 are amended as follows.

41Amendment of the Housing Benefit and Council Tax Benefit (Consequential Provisions) Regulations 2006I1

(1)

Schedule 3 (transitional and savings provisions) is amended in accordance with this regulation.

(2)

In paragraph 5(2), in regulation 13 (restrictions on unreasonable payments) as set out in that paragraph, for paragraph (4)(a) substitute—

“(a)

has attained the qualifying age for state pension credit; or”.

42Amendment of the Employment and Support Allowance Regulations 2008I1

The Employment and Support Allowance Regulations 2008f1 are amended as follows.

43Amendment of the Employment and Support Allowance Regulations 2008I1

(1)

Regulation 158 (meaning of “person in hardship”) is amended in accordance with this regulation.

(2)

In paragraph (3)(e), for “is aged 60 or more” substitute “has attained the qualifying age for state pension credit”.

44Amendment of the Employment and Support Allowance Regulations 2008I1

(1)

Schedule 9 (capital to be disregarded) is amended in accordance with this regulation.

(2)

In paragraph 4(a), for “is aged 60 or over” substitute “has attained the qualifying age for state pension credit”.

Signature

Signed by authority of the Secretary of State for Work and Pensions.

Jim Knight

Minister of State,

Department for Work and Pensions

9th June 2009

Enactments conferring powers under which these Regulations are madeI1

The following provisions of the Social Security Contributions and Benefits Act 1992f1—

(a)

subsection (1)(a), (d) and (e) of section 123f2 (income-related benefits);

(b)

subsections (2) to (4) of section 130Af3 (appropriate maximum housing benefit);

(c)

subsection (1) of section 135f4 (the applicable amount);

(d)

subsections (3) and (5)(b) of section 136 (income and capital);

(e)

subsection (1) of section 137f5 (interpretation of Part 7 and supplementary provisions);

(f)

subsections (2) and (4) of section 138f6 (payments out of the social fund);

(g)

subsections (1), (3) and (4) of section 175f7 (regulations, orders and schemes).

The following provisions of the Social Security Administration Act 1992f8—

(h)

subsection (1)(a) to (d), (i) and (p) of section 5 (regulations about claims for and payments of benefit);

(i)

subsections (1)(a) to (d) of section 6 (regulations about council tax benefits administration);

(j)

subsection (1), (4) and (5) of section 189 (regulations and orders - general);

(k)

section 191 (interpretation - general).

The following provisions of the Social Security (Incapacity for Work) Act 1994f9—

(l)

subsections (1), (5) and (7) of section 4 (power to provide for the transition to incapacity benefit);

(m)

subsection (1) of section 12 (general power to make transitional and consequential provision).

The following provisions of the Jobseekers Act 1995f10—

(n)

subsection (5) of section 4 (amount payable by way of a jobseeker’s allowance);

(o)

subsection (3) of section 5 (duration of a contribution-based jobseeker’s allowance);

(p)

subsections (1) and (4)(b) of section 12 (income and capital: general);

(q)

subsection (1) of section 35 (interpretation);

(r)

subsections (1), (2) and (4) of section 36 (regulations and orders);

(s)

paragraph 8A(1) of Schedule 1 (supplementary provisions).

The following provisions of the State Pension Credit Act 2002f11—

(t)

subsection (6)(b) of section 15 (income and capital);

(u)

subsection (1) of section 17 (other interpretation provisions);

(v)

subsection (1) of section 19 (regulations and orders).

The following provisions of the Welfare Reform Act 2007f12—

(w)

subsections (1) and (3)(b) of section 17 (income and capital: general);

(x)

section 18 (disqualification);

(y)

subsection (1) of section 24 (interpretation of Part 1).

Explanatory note

(This note is not part of the Regulations)

These Regulations amend various enactments in consequence of the equalisation of state pension age introduced by the Pensions Act 1995 (c. 26). The amendments provide that where benefit provision is aligned with the age at which women become eligible for state pension, that alignment will be maintained as women’s state pension age increases from 6th April 2010.

Regulations 2 to 4 amend the Income Support (General) Regulations 1987 (S.I. 1987/1967) with respect to:

  • eligibility for the disability premium, enhanced disability premium, pensioner premium and higher pensioner premium;

  • the disregard of the capital value of a property occupied by a relative aged 60 or over.

Regulations 5 and 6 amend the Social Security (Claims and Payments) Regulations 1987 (S.I. 1987/1968) with respect to the qualifying age for a winter fuel payment.

Regulations 7 and 8 amend the Social Security (Incapacity Benefit) (Transitional) Regulations 1995 (S.I. 1995/310) to substitute the definition of “pensionable age” for that provided by the Pensions Act 1995.

Regulations 9 to 17 amend the Jobseeker’s Allowance Regulations 1996 (S.I. 1996/207) to:

  • make provision corresponding to that made by regulations 2 to 4;

  • phase out provision enabling men aged 60 or over to have days treated as part of a jobseeking period when they are not actively seeking work;

  • increase the age from which housing costs can be included without a waiting period;

  • make changes to the conditions for eligibility for the higher disregard of earnings to correspond with those made to the disability and higher pensioner premiums..

Regulations 18 to 21 amend the Social Fund Winter Fuel Payment Regulations 2000 (S.I. 2000/729) to increase the qualifying age for entitlement to a winter fuel payment.

Regulations 22 and 23 amend the State Pension Credit Regulations 2002 (S.I. 2002/1792) to make provision corresponding to that made by regulation 4 with respect to the disregard of capital.

Regulations 24 to 39 amend the Housing Benefit Regulations 2006 (S.I. 2006/213), the Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 2006 (S.I. 2006/214), the Council Tax Benefit Regulations 2006 (S.I. 2006/215) and the Council Tax Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 2006 (S.I. 2006/216) to:

  • make the relevant corresponding changes to those made by the amendment of the Jobseeker’s Allowance Regulations 1996;

  • enable an advance claim for benefit to be made up to 17 weeks before the claimant attains the qualifying age for state pension credit.

Regulations 40 and 41 amend the Housing Benefit and Council Tax Benefit (Consequential Provisions) Regulations 2006 (S.I. 2006/217) in relation to the age at which restrictions on the amount of benefit payable in respect of rent are subject to additional conditions in the case of a person whose Housing Benefit is determined under rules in force at 1st January 1996.

Regulations 42 to 44 amend the Employment and Support Allowance Regulations 2008 (S.I 2008/794) with respect to the age requirement for an exemption from disqualification for misconduct and to make provision corresponding to that made by regulation 4 with respect to the disregard of capital.

A full impact assessment has not been produced for this instrument as it has no impact on the private or voluntary sectors.