The Housing Benefit and Council Tax Benefit (State Pension Credit and Miscellaneous Amendments) Regulations 2003

BAILII is celebrating 24 years of free online access to the law! Would you consider making a contribution?
No donation is too small. If every visitor before 31 December gives just £5, it will have a significant impact on BAILII's ability to continue providing free access to the law.
Thank you very much for your support!

[Home] [Databases] [World Law] [Multidatabase Search] [Help] [Feedback]

United Kingdom Statutory Instruments

You are here: BAILII >> Databases >> United Kingdom Statutory Instruments >> The Housing Benefit and Council Tax Benefit (State Pension Credit and Miscellaneous Amendments) Regulations 2003
URL: http://www.bailii.org/uk/legis/num_reg/2003/20032275.html

[New search] [Help]

2003 No. 2275
SOCIAL SECURITY
The Housing Benefit and Council Tax Benefit (State Pension Credit and Miscellaneous Amendments) Regulations 2003

	Made	7th September 2003
	Laid before Parliament	12th September 2003
	Coming into force
	for the purposes of regulation 2	5th October 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 [1] and after agreement by the Social Security Advisory Committee that proposals in respect of these Regulations should not be referred to it[2], hereby makes the following Regulations:

Citation, commencement and interpretation
1. - (1) These Regulations may be cited as the Housing Benefit and Council Tax Benefit (State Pension Credit and Miscellaneous Amendments) Regulations 2003 and shall come into force -

(2) In these Regulations -

"the Council Tax Benefit Regulations" means the Council Tax Benefit (General) Regulations 1992[

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

(2) In regulation 3(1) (housing benefit - interpretation), after sub-paragraph (c), insert -

" "dwelling occupied as the home" means the dwelling, together with any garage, garden and outbuildings, normally occupied by the claimant as his home, including any premises not so occupied which it is impracticable or unreasonable to sell separately, in particular, in Scotland, any croft land on which the dwelling is situated;";".

(3) After regulation 3, insert the following regulation -

" Modification of regulation 4

3A.

After regulation 4(5A) (housing benefit - remunerative work)[

(4) In regulation 6 (housing benefit - applicable amounts) -

(b) in paragraph (2) -

(5) In regulation 8 (housing benefit - income and capital) -

(d) in the substituted regulation 27(12) -

(e) in the substituted regulation 27(14) -

(f) in the substituted regulation 30(1) (earnings of employed earners) -

(g) in the substituted regulation 31(2)(d) (calculation of net earnings of employed earners) for "or statutory maternity pay" substitute ", statutory maternity pay, statutory paternity pay or statutory adoption pay";

(h) in the substituted regulation 31(5)(a) omit ", 257A(1)";

(i) in the substituted regulation 35(1) (deduction of tax and contributions of self-employed earners) omit ", 257A(1)".

(6) Omit regulation 11 (housing benefit - non-dependant deductions).

(7) After regulation 13 (council tax benefit - interpretation), insert the following regulation -

Modification of regulation 4

13A.

After regulation 4(5A) (council tax benefit - remunerative work) insert -

(8) In regulation 15 (council tax benefit - applicable amounts) -

(a) in paragraph (1), in paragraph (3) of the substituted regulation 8[

(b) in paragraph (2) -

(9) In regulation 17 (council tax benefit - income and capital) -

(d) in the substituted regulation 19(12) -

(e) in the substituted regulation 19(14) -

(f) in the substituted regulation 22(1) (earnings of employed earners) -

(g) in the substituted regulation 23(2)(d) (calculation of net earnings of employed earners) for "or statutory maternity pay" substitute ", statutory maternity pay, statutory paternity pay or statutory adoption pay";

(h) in the substituted regulation 23(5)(a) omit ", 257A(1)";

(i) in the substituted regulation 27(1) (deduction of tax and contributions of self-employed earners) omit ", 257A(1)".

(10) Omit regulation 19 (council tax benefit - non-dependant deductions).

(11) In regulation 20 (council tax benefit - continuing payments), in paragraph (5) of the new regulation 53B, for the words "last calculated, a change" substitute

" last calculated -

(12) In regulation 22 (date on which change of circumstances takes effect) -

whichever is the later, the date which falls 26 weeks after the date on which the first such change occurred;

(b) where sub-paragraph (a) does not apply, the date which falls 26 weeks after the date on which the change referred to in paragraph (9)(b) occurred."; and

(b) in paragraph (3) (which inserts a new regulation 68B in the Housing Benefit Regulations), in the new regulation 68B -

" results in -

whichever is the later.";

(v) in paragraph (5), for the words from "on which" to the end, substitute -

" on which -

whichever is the later.";

(d) in paragraph (6) (which inserts a new regulation 59B in the Council Tax Benefit Regulations), in new regulation 59B -

" results in -

whichever is the later.";

(v) in paragraph (5), for the words from "on which" to the end, substitute -

" on which -

whichever is the later.";

(13) In regulation 23 (time claims are made or treated as made) in each of the new paragraphs inserted by paragraphs (c) and (d) of that regulation, for the words from "the age" to "35 weeks" substitute "the qualifying age for state pension credit, or who, or whose partner, will attain that age not more than seventeen weeks after the date of his claim".

(14) In regulation 24 (notification of change of circumstances) -

(15) In regulation 25 (decisions) -

(16) In regulation 27(2) (minor amendments) omit sub-paragraphs (a) and (c).

(17) In Schedule 2 (disregards) -

(b) in the First Schedule (which is to have effect as Schedule 3A to the Housing Benefit Regulations and Schedule 3A to the Council Tax Benefit Regulations) -

so much of those other earnings as would not, in aggregate with the earnings disregarded under that sub-paragraph, exceed �20.";

(c) in the Second Schedule (which is to have effect as Schedule 4A to the Housing Benefit Regulations and Schedule 4A to the Council Tax Benefit Regulations) -

22.

and any analogous payment made by the Secretary of State for Defence to any person who is not a person entitled under the provisions mentioned in sub-paragraphs (a) to (e) of this paragraph.

23. Where the total value of any capital specified in Part II of Schedule 5ZA does not exceed -

(a) in the case of a claimant residing permanently in accommodation to which regulation 25(5) applies, �10,000; or

(b) in any other case, �6,000,

any income actually derived from such capital.";

(d) in Part I of the Third Schedule (which is to have effect as Schedule 5ZA of the Housing Benefit Regulations and Schedule 5ZA of the Council Tax Benefit Regulations) -

(i) omit paragraph 6(2);

(ii) in paragraph 14(1), for "where one of the partners" substitute "who is";

(iii) in paragraph 14(1)(a) omit "is";

(iv) in paragraph 14(1)(b), before "was" insert "a diagnosed person's partner or";

(v) in paragraph 14(1)(c) omit "is";

(vi) in paragraph 14(2) after "Where" insert "a trust payment is made to";

(vii) in paragraph 14(2)(a) for "sub-paragraph (1)(a) or (b) applies, it" substitute "a person referred to in sub-paragraph (1)(a) or (b), that sub-paragraph" and for "the partner" substitute "that person";

(viii) in paragraph 14(2)(b) for "sub-paragraph (1)(c) applies, it" substitute "a person referred to in sub-paragraph (1)(c), that sub-paragraph";

(ix) in paragraph 14(3) for "where one of the partners" substitute "who is";

(x) in paragraph 14(3)(a) omit "is";

(xi) in paragraph 14(3)(b) before "was" insert "a diagnosed person's partner or";

(xii) in paragraph 14(3)(c) omit "is";

(xiii) in paragraph 14(4), after "Where" insert "a payment such as referred to in sub-paragraph (3) is made to";

(xiv) in paragraph 14(4)(a), for "sub-paragraph (3)(a) or (b) applies, it" substitute "a person referred to in sub-paragraph (3)(a) or (b), that sub-paragraph" and for "the partner" substitute "that person";

(xv) in paragraph 14(4)(b), for "sub-paragraph (3)(c) applies, it" substitute "a person referred to in sub-paragraph (3)(c), that sub-paragraph";

(xvi) in paragraph 14(6) for "Creutzfeld", in both places where it appears, substitute "Creutzfeldt";

(xvii) in paragraph 17(2)(a) for the words from "under the provisions" to "Rules 1981" there shall be substituted "or the County Court under Rule 21.11(1) of the Civil Procedure Rules 1998[

21A.

where the award in respect of which the payments last fell to be disregarded under those Regulations either terminated immediately before the relevant date or is still in existence at that date.

(3) Any disregard which applies under sub-paragraph (1) or (2) shall have effect until the award comes to an end.

(4) In this paragraph -

"the award", except in sub-paragraph (2), means -

"official error" -

"the relevant date" means -

"relevant benefit" means any benefit specified in paragraph 21(2); and

"the relevant sum" means the payment referred to in sub-paragraph (1) or the total amount referred to in sub-paragraph (2).";

25A.

Amendment of the Housing Benefit Regulations
     3. - (1) The Housing Benefit Regulations shall be amended in accordance with the following provisions of this regulation.

    (2) In regulation 4(5) (remunerative work), after the words "income support", insert ", state pension credit".

    (3) In regulation 63(7)[20] after sub-paragraph (d), insert the following sub-paragraph -

Amendment of the Council Tax Benefit Regulations
     4. - (1) The Council Tax Benefit Regulations shall be amended in accordance with the following provisions of this regulation.

    (2) In regulation 4(5) (remunerative work), after the words "income support" insert ", state pension credit".

    (3) In regulation 52(8)[21], after sub-paragraph (b); insert -

Amendment of the Decisions and Appeals Regulations
5. - (1) The Decisions and Appeals Regulations shall be amended in accordance with the following paragraphs.

(2) In regulation 1(2) (interpretation) -

(a) after the definition of "the Act" insert -

" "the 1998 Act" means the Social Security Act 1998[

(3) In regulation 4 (revision of decisions) after paragraph (7A)[24] insert -

the relevant authority may revise or further revise that original decision at any time.

(7C) Where entitlement to housing benefit or council tax benefit has ceased ("decision A") because entitlement to a relevant benefit within the meaning of section 8(3) of the 1998 Act has ceased ("decision B"), decision A may be revised at any time if the entitlement to the relevant benefit to which decision B applies has been reinstated in consequence of a decision made under paragraph 4 of Schedule 7 to the Act or on an appeal under paragraph 6 of that Schedule.".

(4) In regulation 7(2) (decisions superseding earlier decisions) after sub-paragraph (h)[25] add -

(5) In regulation 8 (date from which a decision superseding an earlier decision takes effect) after paragraph (13)[26] add -

Andrew Smith
Secretary of State, Department for Work and Pensions

7th September 2003

SCHEDULE

PROVISIONS CONFERRING POWERS EXERCISED IN MAKING THESE REGULATIONS

Short title	Provision	Relevant amendments
Social Security Contributions and Benefits Act 1992
	Section 123(1)(d) and (e)	Local Government Finance Act 1992[27], Schedule 9, paragraph 1(1)
	Section 130(4) Section 131(10)(a)
	Section 135(1), (5) and (6)	Tax Credits Act 2002[28], Schedule 6
	Section 136(3), (4) and (5)(b)
	Section 136A	State Pension Credit Act 2002[29], Schedule 2, paragraph 3
	Section 137(1)[30] and (2)(c), (d) and (k)	Jobseekers Act 1995[31], Schedule 2, paragraph 35(3)
	Section 175(1), (3) and (4)	Social Security Contributions (Transfer of Functions, etc.) Act 1999[32], Schedule 3, paragraphs 29(1), (2) and (4)
Social Security Administration Act 1992[33]	Section 5(1)(b) Section 6(1)(b)	Local Government Finance Act 1992, Schedule 9, paragraph 12(1)(a)
	Section 189(1) and (4)	Social Security Act 1998, Schedule 7, paragraph 109(a) and (c), and Schedule 8
Social Security Act 1998	Section 34(2) Section 79(1) and (4) Section 84[34]
Child Support, Pensions and Social Security Act 2000[35]	Paragraphs 3(1), 4(4) and (6), 20(1) and (3) and 23(1) of Schedule 7[36]

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations amend instruments which make provision concerning housing benefit and council tax benefit under Part VII of the Social Security Contributions and Benefits Act 1992, in connection with the introduction of state pension credit under the State Pension Credit Act 2002 on 6th October 2003.

Regulation 2 amends the Housing Benefit and Council Tax Benefit (State Pension Credit) Regulations 2003 ("the 2003 Regulations") which make provision as respects entitlement to housing benefit and council tax benefit in relation to persons who have attained the qualifying age for state pension credit. (Many of the amendments are made in consequence of amendments made to the State Pension Credit Regulations 2002 (S.I. 2002/1792) by the State Pension Credit (Transitional and Miscellaneous Provisions) Amendment Regulations 2003 (S.I. 2003/2274).) Amendments are made in particular in relation to the treatment of persons as being, or nor being, in remunerative work; the determination of the applicable amount in the case of a person who is a lone parent; the determination of the disabled child premium in a case where the child has recently died; the treatment as income of amounts received by the claimant from sub-letting; for statutory paternity pay and statutory adoption pay to be treated in the same way as statutory maternity pay in the calculation of child care charges; to make further provision in connection with deductions to be made in relation to non-dependants living in the household; and to provide for the date on which changes of circumstances are to have effect. Changes are also made in the provision in the First Schedule set out in Schedule 2 to the 2003 Regulations for specified categories of earnings to be disregarded (in particular in relation to couples where one partner is in a specified occupation); in the Second Schedule set out in that Schedule 2 for other income to be disregarded (in particular specified payments to war widows and war widowers); and in the Third Schedule set out in that Schedule 2 for capital to be disregarded (in particular in relation to compensation payments received in respect of the non-payment of certain benefits). Regulation 2 also makes minor and technical amendments in the 2003 Regulations.

Regulations 3 and 4 amend, respectively, the Housing Benefit (General) Regulations 1987 and the Council Tax Benefit (General) Regulations 1992 in connection with the treatment of persons on state pension credit as being, or not being, in remunerative work for certain specified purposes.

Regulation 5 amends the Housing Benefit and Council Tax Benefit (Decisions and Appeals) Regulations 2001 to make further provision in relation to the revision, and further revision, of decisions awarding housing benefit or council tax benefit which are affected by a change in a person's entitlement to another benefit, and for the supersession of such decisions, including provision for the date on which the superseding decision is to take effect.

These Regulations do not impose a charge on business.

Notes:

[1] See section 176(1) of the Social Security Administration Act 1992 (c. 5).

back

[2] See sections 170 and 173(1)(b) of the Social Security Administration Act 1992.back

[3] S.I. 1992/1814.back

[4] S.I. 2001/1002.back

[5] S.I. 1987/1971.back

[6] S.I. 2003/325.back

[7] Regulation 4(5) was amended by S.I. 1996/1510, and paragraph (5A) was inserted by S.I. 1999/3156.back

[8] The relevant amending instrument is S.I. 2003/1195.back

[9] See the Social Security Contributions and Benefits Act 1992 (c. 4); section 145A was inserted by section 55 of the Tax Credits Act 2002 (c. 21).back

[10] Sections 171ZA and 171ZB were inserted into the Social Security Contributions and Benefits Act 1992 by section 2 of the Employment Act 2002 (c. 22).back

[11] Section 171ZL was inserted by section 4 of the Employment Act 2002.back

[12] The relevant amending instrument is S.I. 2003/1195.back

[13] S.I. 1998/3132.back

[14] S.I. 1987/1967. Paragraph 7(2) was inserted by S.I. 2002/2380.back

[15] S.I. 1996/207. Paragraph 12(2) was inserted by S.I. 2002/2380.back

[16] Paragraph 8(2) was inserted by S.I. 2002/2380.back

[17] S.I. 2002/1792. Paragraph 20A was inserted by S.I. 2002/3197.back

[18] S.I. 2001/1002. Regulation 1(2) was amended by S.I. 2002/1379 and 2002/1703.back

[19] S.I. 1999/991. Regulation 1(3) was amended by S.I. 2002/1379.back

[20] Regulation 63(7) was amended by S.I. 1990/546, 1991/387, 1992/50 and 1998/563.back

[21] Regulation 52(8) was amended by S.I. 1996/1510.back

[22] 1998 c. 14.back

[23] 1992 c. 4.back

[24] Paragraph (7A) was inserted by S.I. 2002/490.back

[25] Sub-paragraph (h) was inserted by S.I. 2002/490.back

[26] Paragraph (13) was inserted by S.I. 2003/1338.back

[27] 1992 c. 14.back

[28] 2002 c. 21.back

[29] 2002 c. 16.back

[30] Section 137(1) is cited for the meaning of the word "prescribed".back

[31] 1995 c. 18.back

[32] 1999 c. 2.back

[33] 1992 c. 5.back

[34] Section 84 is cited for the meaning of the word "prescribed".back

[35] 2000 c. 19.back

[36] Paragraph 23(1) is cited for the meaning of the word "prescribed".back

Prepared 12 September 2003

BAILII: Copyright Policy | Disclaimers | Privacy Policy | Feedback | Donate to BAILII
URL: http://www.bailii.org/uk/legis/num_reg/2003/20032275.html

	[Home] [Databases] [World Law] [Multidatabase Search] [Help] [Feedback]
	United Kingdom Statutory Instruments
You are here: BAILII >> Databases >> United Kingdom Statutory Instruments >> The Housing Benefit and Council Tax Benefit (State Pension Credit and Miscellaneous Amendments) Regulations 2003 URL: http://www.bailii.org/uk/legis/num_reg/2003/20032275.html