The Social Security, Housing Benefit and Council Tax Benefit (Miscellaneous Amendments) Regulations 2007

• Citation: S.I. 2007/1331
• Sections: 6

Section 1 Citation and commencement

These Regulations may be cited as the Social Security, Housing Benefit and Council Tax Benefit (Miscellaneous Amendments) Regulations 2007 and shall come into force on 23rd May 2007.

Section 2 Amendment of the Social Security (Claims and Payments) Regulations 1987

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

(2) In regulation 13 (advance claims and awards)—

(a) in paragraph (3) omit—

(i) “Subject to paragraph (4),”;

(ii) “disabled person’s tax credit,”; and

(iii) “working families’ tax credit,”;

(b) omit paragraphs (4), (5), (6), (7) and (8); and

(c) at the end add—

(9) Paragraphs (1) and (2) do not apply to—

(a) a claim for income support made by a person from abroad as defined in regulation 21AA of the Income Support (General) Regulations 1987 (special cases: supplemental-persons from abroad); or

(b) a claim for a jobseeker’s allowance made by a person from abroad as defined in regulation 85A of the Jobseeker’s Allowance Regulations (special cases: supplemental-persons from abroad).

(3) In regulation 13D (advance claims for and awards of state pension credit), after paragraph (3) add—

(4) This regulation does not apply to a claim made by a person not in Great Britain as defined in regulation 2 of the State Pension Credit Regulations (persons not in Great Britain).

Section 3 Amendment of the Housing Benefit Regulations 2006

In regulation 83 of the Housing Benefit Regulations 2006 (time and manner in which claims are to be made) for paragraph (10) substitute—

(10) Except in the case of a claim made by a person from abroad, where the claimant is not entitled to housing benefit in the benefit week immediately following the date of his claim but the relevant authority is of the opinion that unless there is a change of circumstances he will be entitled to housing benefit for a period beginning not later than the thirteenth benefit week following the date on which the claim is made, the relevant authority may treat the claim as made on a date in the benefit week immediately preceding the first benefit week of that period of entitlement and award benefit accordingly.

Section 4 Amendment of the Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 2006

In regulation 64 of the Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 2006 (time and manner in which claims are to be made) for paragraph (11) substitute—

(11) Except in the case of a claim made by a person from abroad, where the claimant is not entitled to housing benefit in the benefit week immediately following the date of his claim but the relevant authority is of the opinion that unless there is a change of circumstances he will be entitled to housing benefit for a period beginning not later than the seventeenth benefit week following the date on which the claim is made, the relevant authority may treat the claim as made on a date in the benefit week immediately preceding the first benefit week of that period of entitlement and award benefit accordingly.

Section 5 Amendment of the Council Tax Benefit Regulations 2006

In regulation 69 of the Council Tax Benefit Regulations 2006 (time and manner in which claims are to be made)—

(a) for paragraph (10) substitute—

(10) Except in the case of a claim made by a person from abroad, where a person has not become liable for council tax to a relevant authority but it is anticipated that he will become so liable within the period of 8 weeks (the relevant period), he may claim council tax benefit at any time in that period in respect of that tax and, provided that liability arises within the relevant period, the authority shall treat the claim as having been made on the day on which the liability for the tax arises.

(b) for paragraph (12) substitute—

(12) Except in the case of a claim made by a person from abroad, where the claimant is not entitled to council tax benefit in the benefit week immediately following the date of his claim but the relevant authority is of the opinion that unless there is a change of circumstances he will be entitled to council tax benefit for a period beginning not later than the thirteenth benefit week following the date on which the claim is made, the relevant authority may treat the claim as made on a date in the benefit week immediately preceding the first benefit week of that period of entitlement and award benefit accordingly.

Section 6 Amendment of the Council Tax Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 2006

In regulation 53 of the Council Tax Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 2006 (time and manner in which claims are to be made)—

(a) for paragraph (10) substitute—

(10) Except in the case of a claim made by a person from abroad, where a person has not become liable for council tax to a relevant authority but it is anticipated that he will become so liable within the period of 8 weeks (the relevant period), he may claim council tax benefit at any time in that period in respect of that tax and, provided that liability arises within the relevant period, the authority shall treat the claim as having been made on the day on which the liability for the tax arises.

(b) for paragraph (12) substitute—

(12) Except in the case of a claim made by a person from abroad, where the claimant is not entitled to council tax benefit in the benefit week immediately following the date of his claim but the relevant authority is of the opinion that unless there is a change of circumstances he will be entitled to council tax benefit for a period beginning not later than the seventeenth benefit week following the date on which the claim is made, the relevant authority may treat the claim as made on a date in the benefit week immediately preceding the first benefit week of that period of entitlement and award benefit accordingly.