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

• Citation: S.I. 2004/290
• Sections: 4

Section 1 Citation and commencement

These Regulations may be cited as the Housing Benefit and Council Tax Benefit (State Pension Credit and Miscellaneous Amendments) Regulations 2004 and shall come into force on 5th March 2004.

Section 2 Amendment of the Housing Benefit and Council Tax Benefit (State Pension Credit) Regulations 2003

(1) The Housing Benefit and Council Tax Benefit (State Pension Credit) Regulations 2003 shall be amended in accordance with the following paragraphs.

(2) In regulation 8 (housing benefit – income and capital), after paragraph (7) of substituted regulation 36 (notional income) add—

(8) In the case of a claimant who has, or whose partner has, an award of state pension credit comprising only the savings credit, where a relevant authority treats the claimant as possessing any benefit (other than housing benefit) at the altered rate in accordance with paragraph (7), that authority shall—

(a) determine the income and capital of that claimant in accordance with regulation 23(1) (calculation of claimant’s income in savings credit only cases) where the calculation or estimate of that income and capital is altered with effect from a date on or after 1st April in any year but not more than 14 days thereafter; and

(b) treat that claimant as possessing such income and capital at the altered rate by reference to the period referred to in paragraph (7)(a) or (b), as the case may be.

(3) In regulation 17 (council tax benefit – income and capital), after paragraph (7) of substituted regulation 28 (notional income) add—

(8) In the case of a claimant who has, or whose partner has, an award of state pension credit comprising only the savings credit, where a relevant authority treats the claimant as possessing any benefit (other than council tax benefit) at the altered rate in accordance with paragraph (7), that authority shall—

(a) determine the income and capital of that claimant in accordance with regulation 15(1) (calculation of claimant’s income in savings credit only cases) where the calculation or estimate of that income and capital is altered with effect from a date on or after 1st April in any year but not more than 14 days thereafter; and

(b) treat that claimant as possessing such income and capital at the altered rate by reference to the date selected by the relevant authority to apply in its area, for the purposes of establishing the period referred to in paragraph (7).

Section 3 Amendment of the Housing Benefit (General) Regulations 1987

In regulation 68B of the Housing Benefit (General) Regulations 1987 (change of circumstances where state pension credit payable), after paragraph (7) insert—

(7A) Where the change of circumstances is an amendment of these Regulations as they apply to persons to whom regulation 2 of the Housing Benefit and Council Tax Benefit (State Pension Credit) Regulations 2003 (housing benefit regulations) applies, that change, subject to regulation 69(7) (calculation of weekly amounts), shall take effect as follows—

(a) where the amendment is made by an order under section 150 of the Social Security Administration Act 1992 (annual up-rating of benefits)—

(i) in a case in which the claimant’s weekly amount of eligible rent falls to be calculated in accordance with regulation 69(2)(b), from 1st April;

(ii) in any other case, from the first Monday in April, in the year in which that order comes into force;

(b) in respect of any other amendment, from the date on which the amendment of these Regulations comes into force in the particular case,

and references in this paragraph to these Regulations are to these Regulations as modified in their application to those persons.

Section 4 Amendment of the Council Tax Benefit (General) Regulations 1992

In regulation 59B of the Council Tax Benefit (General) Regulations 1992 (change of circumstances where state pension credit in payment), after paragraph (7) insert—

(7A) Where the change of circumstances is an amendment of these Regulations as they apply to persons to whom regulation 12 of the Housing Benefit and Council Tax Benefit (State Pension Credit) Regulations 2003 applies (council tax benefit regulations), that change shall take effect from the date on which the amendment to these Regulations, as modified in their application to those persons, comes into force.