Regulation 10 Amendment of the Housing Benefit (Persons who have attained the qualifying age for state pension credit) RegulationsI1

omit the definition of “lower rate”; and

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

for “Where a person” substitute “Where”;

in sub-paragraph (a), at the beginning, insert “a person”;

for sub-paragraph (b) substitute—

“(b)

either—

(i)

that person had claimed housing benefit before moving in and either no decision has yet been made on that claim or it has been refused but a further claim has been made or treated as made within 4 weeks of the date on which the claimant moved into the new dwelling occupied as the home, or

(ii)

that person notified the move to the new dwelling as a change of circumstances under regulation 65 before the move, or the move to the new dwelling was otherwise notified before the move under that regulation; and”; and

for “he shall be treated” substitute “the person shall be treated”.

in paragraph (3) for “and (11)” substitute “to (11A)”; and

after paragraph (11) insert—

“(11A)

Where the change of circumstances is that the person moves to a new dwelling and immediately before the move that person is treated as occupying the new dwelling in accordance with regulation 7(8) then that change of circumstances shall take effect on the first day on which the person is treated as occupying the new dwelling as the home under that regulation.”.