The Social Security (Housing Benefit, Council Tax Benefit, State Pension Credit and Miscellaneous Amendments) Regulations 2004

• Citation: S.I. 2004/2327
• Sections: 8

Section 1 Citation, commencement and interpretation

(1) These Regulations may be cited as the Social Security (Housing Benefit, Council Tax Benefit, State Pension Credit and Miscellaneous Amendments) Regulations 2004 and shall come into force—

(a) for the purposes of this regulation and regulations ... 7(1) to (4) and (6), on 4th October 2004;

(b) for the purposes of regulation 8, on 6th October 2004;

(c) for all other purposes, on 4th April 2005.

(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Section 2 Amendment of the Housing Benefit Regulations

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Section 3 Amendment of the Council Tax Benefit Regulations

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Section 4 Amendment of Social Security and Child Support (Decisions and Appeals) Regulations 1999

In regulation 7(17B)(d)(ii) of the Social Security and Child Support (Decisions and Appeals) Regulations 1999 (date from which a decision superseded under section 10 takes effect) for “a non-dependant’s income increases and this affects” substitute “ there has been a change of circumstances in respect of a non-dependant and this reduces ” .

Section 5 Amendment of the Income Support (General) Regulations 1987

In Schedule 3 to the Income Support (General) Regulations 1987 (housing costs)—

(a) in paragraph 3(11)(c), for head (i) substitute—

(i) detained in custody on remand pending trial or, as a condition of bail, required to reside—

(aa) in a dwelling, other than the dwelling he occupies as his home; or

(bb) in premises approved under section 9 of the Criminal Justice and Court Services Act 2000,

or, detained pending sentence upon conviction, or

(b) in paragraph 18—

(i) in sub-paragraph (1), for paragraphs (a) to (c) substitute—

(a) in respect of a non-dependant aged 18 or over who is engaged in any remunerative work, £47.75;

(b) in respect of a non-dependant aged 18 or over to whom paragraph (a) does not apply, £7.40.

(ii) in sub-paragraph (7)—

(aa) at the end of paragraph (g), insert “ or ” ;

(bb) after paragraph (g), add—

(h) if he is in receipt of state pension credit.

Section 6 Amendment of the Jobseeker’s Allowance Regulations 1996

In Schedule 2 to the Jobseeker’s Allowance Regulations 1996 (housing costs)—

(a) in paragraph 3(11)(c), for head (i) substitute—

(i) required, as a condition of bail, to reside—

(aa) in a dwelling, other than the dwelling he occupies as his home; or

(bb) in premises approved under section 9 of the Criminal Justice and Court Services Act 2000, or

(b) in paragraph 17—

(i) in sub-paragraph (1), for paragraphs (a) to (c) substitute—

(a) in respect of a non-dependant aged 18 or over who is engaged in any remunerative work, £47.75;

(b) in respect of a non-dependant aged 18 or over to whom paragraph (a) does not apply, £7.40.

(ii) in sub-paragraph (7)—

(aa) at the end of paragraph (g), insert “ or ” ;

(bb) after paragraph (g), add—

(h) if he is in receipt of state pension credit.

Section 7 Amendment of the State Pension Credit Regulations 2002

(1) The State Pension Credit Regulations 2002 shall be amended in accordance with the following provisions of this regulation.

(2) In regulation 1(2) (interpretation), after the definition of “Eileen Trust” insert—

“ equity release scheme ” means a loan—

(a) made between a person (“ the lender ”) and the claimant;

(b) by means of which a sum of money is advanced by the lender to the claimant by way of payments at regular intervals; and

(c) which is secured on a dwelling in which the claimant owns an estate or interest and which he occupies as his home;

(3) At the end of regulation 15(5) (income for the purposes of the Act), add—

(j) any payment made at regular intervals under an equity release scheme.

(4) At the end of regulation 16 (retirement pension income), add—

(m) any payment made at regular intervals under an equity release scheme.

(5) In Schedule II (housing costs)—

(a) in paragraph 4(11)(c), for head (i) substitute—

(i) detained in custody on remand pending trial or, as a condition of bail, required to reside—

(aa) in a dwelling, other than the dwelling he occupies as his home; or

(bb) in premises approved under section 9 of the Criminal Justice and Court Services Act 2000,

or, detained pending sentence upon conviction; or

(b) in paragraph 14—

(i) in sub-paragraph (1), for paragraphs (a) to (c) substitute—

(a) in respect of a non-dependant aged 18 or over who is engaged in any remunerative work, £47.75;

(b) in respect of a non-dependant aged 18 or over to whom paragraph (a) does not apply, £7.40.

(ii) in sub-paragraph (7)—

(aa) at the end of paragraph (e), insert “ or ” ;

(bb) after paragraph (e), add—

(f) if he is in receipt of state pension credit.

(6) In paragraph 4(a) of Schedule V (capital disregarded for the purpose of calculating income) for the words from “partner” to “claimant” substitute “ person who is a close relative, grandparent, grandchild, uncle, aunt, nephew or niece of the claimant or of his partner ” .

Section 8 Amendment of the Social Security (Claims and Payments) Regulations 1987

In regulation 4F of the Social Security (Claims and Payments) Regulations 1987 (making a claim after attaining the qualifying age: date of claim), in paragraph (3)—

(a) for “claimant”, the first time it appears, substitute “ person wishing to make a claim ” ; and

(b) in sub-paragraph (a), after “informs” insert “ (by whatever means) ” .