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The Housing Benefit and Council Tax Benefit (State Pension Credit) (Abolition of Benefit Periods) Amendment Regulations 2003

S.I. 2003/1338 · Made 21 May 2003 · Extends to England, Wales and Scotland

Up to date with all changes known to legislation.gov.uk, revised to 6 March 2006.

SOCIAL SECURITY

Made 21st May 2003

Laid before Parliament 27th May 2003

Coming into force

for the purposes of Parts 1 and 3 16th June 2003

for all other purposes 6th October 2003

The Secretary of State for Work and Pensions, in exercise of the powers conferred upon him by the provisions specified in the Schedule to these Regulations and of all other powers enabling him in that behalf, after consultation with organisations appearing to him to be representative of the authorities concerned M1, and after agreement by the Social Security Advisory Committee that proposals in respect of these Regulations should not be referred to it M2, hereby makes the following Regulations:

Annotations to the whole text

Marginal citations

M1

See section 176(1)(b) of the Social Security Administration Act 1992.

M2

See section 173(1)(b) of the Social Security Administration Act 1992.

Contents

  1. Part 1: General
  2. 1Citation, commencement and interpretation
  3. Part 2: Amendment of Housing Benefit Regulations and Council Tax Benefit Regulations
  4. 2Housing Benefit Regulations and Council Tax Benefit Regulations Repealed
  5. 3Continuing payments where state pension credit claimed Repealed
  6. Part 3: Transitory Provisions
  7. 4Transitory provision Repealed
  8. 5Extension of benefit period Repealed
  9. 6Transitory provision for rent officer referrals Repealed
  10. Part 4: Consequential and Transitional Provisions
  11. 7Application of this Part Repealed
  12. 8Amendment of regulation 2 of the Housing Benefit Regulations and regulation 2 of the Council Tax Benefit Regulations Repealed
  13. 9Amendment of regulation 7 of the Housing Benefit Regulations Repealed
  14. 10Amendment of regulation 11 of the Housing Benefit Regulations Repealed
  15. 11Amendment of regulation 12A of the Housing Benefit Regulations Repealed
  16. 12Extended payments Repealed
  17. 13Change of circumstances Repealed
  18. 14Time claims are made or treated as made Repealed
  19. 15Amendment of regulation 76 of the Housing Benefit Regulations and regulation 66 of the Council Tax Benefit Regulations Repealed
  20. 16Amendment of regulation 104 of the Housing Benefit Regulations and regulation 90 of the Council Tax Benefit Regulations Repealed
  21. 17Amendment of Schedule 1A to the Housing Benefit Regulations Repealed
  22. 18Amendment of Schedule 6 to the Housing Benefit Regulations and Schedule 6 to the Council Tax Benefit Regulations Repealed
  23. 19Minor and consequential amendments Repealed
  24. 20Transitional provision Repealed
  25. 21Transitional provision for rent officer referrals Repealed
  26. Part 5: Application and Amendment of Other Provisions
  27. 22Amendment of regulation 10 of the Housing Benefit (General) Amendment Regulations 1995 Repealed
  28. 23Amendment of regulation 4 of the Housing Benefit and Council Tax Benefit (General) Amendment Regulations 1997 Repealed
  29. 24Amendment of regulations 7 and 8 of the Housing Benefit and Council Tax Benefit (Decisions and Appeals) Regulations 2001 Repealed
  30. Signature
  31. Schedule Provisions Conferring Powers Exercised in making these Regulations
  32. Explanatory note

1Citation, commencement and interpretation

(1)

These Regulations may be cited as the Housing Benefit and Council Tax Benefit (State Pension Credit) (Abolition of Benefit Periods) Amendment Regulations 2003 and shall come into force—

(a)

for the purposes of Parts 1 and 3, on 16th June 2003; and

(b)

for all other purposes on 6th October 2003 immediately after the Housing Benefit and Council Tax Benefit (State Pension Credit) Regulations 2003 M1.

F1(2)

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

2Housing Benefit Regulations and Council Tax Benefit RegulationsF1

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

3Continuing payments where state pension credit claimedF1

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

4Transitory provisionF1

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

5Extension of benefit periodF1

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

6Transitory provision for rent officer referralsF1

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

7Application of this PartF1

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

8Amendment of regulation 2 of the Housing Benefit Regulations and regulation 2 of the Council Tax Benefit RegulationsF1

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

9Amendment of regulation 7 of the Housing Benefit RegulationsF1

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

10Amendment of regulation 11 of the Housing Benefit RegulationsF1

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

11Amendment of regulation 12A of the Housing Benefit RegulationsF1

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

12Extended paymentsF1

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

13Change of circumstancesF1

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

14Time claims are made or treated as madeF1

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

15Amendment of regulation 76 of the Housing Benefit Regulations and regulation 66 of the Council Tax Benefit RegulationsF1

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

16Amendment of regulation 104 of the Housing Benefit Regulations and regulation 90 of the Council Tax Benefit RegulationsF1

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

17Amendment of Schedule 1A to the Housing Benefit RegulationsF1

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

18Amendment of Schedule 6 to the Housing Benefit Regulations and Schedule 6 to the Council Tax Benefit RegulationsF1

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

19Minor and consequential amendmentsF1

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

20Transitional provisionF1

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

21Transitional provision for rent officer referralsF1

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

22Amendment of regulation 10 of the Housing Benefit (General) Amendment Regulations 1995F1 E+W+S+N.I.

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

23Amendment of regulation 4 of the Housing Benefit and Council Tax Benefit (General) Amendment Regulations 1997F1 E+W+S+N.I.

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

24Amendment of regulations 7 and 8 of the Housing Benefit and Council Tax Benefit (Decisions and Appeals) Regulations 2001 E+W+S+N.I.

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

Signature

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

Malcolm Wicks

Parliamentary Under-Secretary of State,

Department for Work and Pensions

Provisions Conferring Powers Exercised in making these Regulations

Column (1)Column (2)Column (3)
Short titleProvisionRelevant amendments
Social Security Contributions and Benefits Act M1  
 Section 123(1)(d) and (e)Local Government Finance Act 1992 M2, Schedule 9, paragraph 1(1)
 Section 130(2) and (4)Local Government Finance Act 1992, Schedule 9, paragraph 3
 

Section 131(10)

Section 136A

State Pension Credit Act 2002 M3, Schedule 2, paragraph 3
 

Section 137(1) and (2)(i)

Section 175(3) and (4)

Social Security (Incapacity for Work) Act 1994 M4, sections 4(11), 7(4) and 12(3)

Section 175 (3) and (4) is applied to the provisions of the State Pension Credit Act 2002 by section 19(1) of that Act

Social Security Administration Act 1992 M5  
 Section 5(1)(a), (d), (e), (i), (j) and (k)Social Security Act 1998 M6, Schedule 7, paragraph 79(1)
 Section 6(1)(a), (d), (e), (i), (k) and (l)Local Government Finance Act 1992, Schedule 9, paragraph 12(1)(a) and (b) and Schedule 14
 

Section 75(2) and (4)

Section 76(1) and (2)

Local Government Finance Act 1992, Schedule 9, paragraphs 15(2) and Schedule 14
 Section 128AJobseekers Act 1995 M7, section 28(2)
 Section 189(4) and (5)Social Security Act 1998, Schedule 7, paragraph 109
Housing Act 1996 M8Section 122 (3),(5) and (6) 
Social Security Act 1998

Section 34(1) and (2)

Section 79(4), (6) and (7) M9

Section 84

 
Child Support, Pensions and Social Security Act 2000 M10

Schedule 7, paragraph 4(4) and (6)

Schedule 7, paragraph 23(1)

 

Explanatory note

(This note is not part of the Regulations)

These Regulations amend the Housing Benefit (General) Regulations 1987 (S.I.1987/1971) (“the Housing Benefit Regulations”), the Council Tax Benefit (General) Regulations 1992 (S.I.1992/814) (“the Council Tax Benefit Regulations”), the Housing Benefit (General) Amendment Regulations 1995 (S.I. 1995/1644), the Housing Benefit and Council Tax Benefit (General) Amendment Regulations 1997 (S.I. 1997/852) and the Housing Benefit and Council Tax Benefit (Decisions and Appeals) Regulations 2001 (S.I. 2001/1002).

These Regulations abolish benefit periods in housing benefit and council tax benefit 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 for a woman born on the same day as a man (section 1(6) of the State Pension Credit Act 2002).

Part 2 (regulations 2 and 3) contains amendments to the Housing Benefit Regulations and Council Tax Benefit Regulations. Regulation 3 amends regulation 62B of the Housing Benefit Regulations and regulation 53B of the Council Tax Benefit Regulations (continuing payments where state pension credit claimed) to make provision for the date a continuing payment will end in specified circumstances.

Part 3 (regulations 4 to 6) contains provisions for a transitory scheme. Regulation 4 provides that claimants who have attained the qualifying age for state pension credit on or before 6th October 2003 and whose benefit period is due to end between 16th June and 5th October 2003 may have their housing benefit decision or council tax benefit decision superseded, and where the appropriate relevant authority considers that it is appropriate to supersede, the effective date of the supersession is the day immediately following the day on which the benefit period would have expired had it not been superseded. Regulation 5 extends the maximum length of a benefit period where regulation 4(1) applies. Regulation 6 makes provision for an appropriate relevant authority to apply to a rent officer for a determination.

Part 4 (regulations 7 to 21) contains consequential and transitional provisions. Regulations 8 to 10 and regulations 14 to 18 amend provisions in the Housing Benefit Regulations and the Council Tax Benefit Regulations, omitting references to benefit periods and making consequential changes. Regulation 11 amends regulation 12A of the Housing Benefit Regulations to prescribe a further circumstance in which a relevant authority must apply to a rent officer for a determination. Regulation 12 amends the provisions in the Housing Benefit Regulations and Council Tax Benefit Regulations relating to extended payments to make provision for a claimant who attains the qualifying age for state pension credit during the period of an extended payment. Regulation 13 amends regulation 68 of the Housing Benefit Regulations to specify the date a change of circumstances will take effect where entitlement to housing benefit ends and makes a minor amendment to regulation 59 of the Council Tax Benefit Regulations to reflect the modifications made by the Housing Benefit and Council Tax Benefit (State Pension Credit) Regulations 2003 (S.I. 2003/325). Regulation 19 contains minor amendments. Regulation 20 contains transitional provisions for renewal claims for housing benefit and council tax benefit. Regulation 21 contains transitional provisions for rent officer referrals.

Part 5 (regulations 22 to 24) amends other Regulations. Regulation 22 amends regulation 10 of the Housing Benefit (General) Amendment Regulations 1995, substituting references to benefit periods to awards of housing benefit for those who have attained the qualifying age for state pension credit. Regulation 23 amends regulation 4 of the Housing Benefit and Council Tax Benefit (General) Amendment Regulations 1997 to retain transitional protection for those who have attained the qualifying age for state pension credit. Regulation 24 amends regulation 8 of the Housing Benefit and Council Tax Benefit (Decisions and Appeals) Regulations to provide a new effective date of the day following the last day of the 52 week period referred to in regulation 12A(1)(d) or (e) for cases where a decision is superseded for a change of circumstances and that change is brought about because a Rent Officer’s determination applied for by a relevant authority is adopted in the decision.

These Regulations do not impose a charge on business.