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

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(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[3].

    (2) In these Regulations - 

"the Act" means the Child Support, Pensions and Social Security Act 2000[4];

"appropriate relevant authority" has the same meaning as in paragraph 4 of Schedule 7 to the Act;

"benefit period" has the same meaning as in regulation 66 of the Housing Benefit Regulations and regulation 57 of the Council Tax Benefit Regulations as in force immediately before 6th October 2003;

"the Council Tax Benefit Regulations" means the Council Tax Benefit (General) Regulations 1992[5];

"Housing Act functions" has the same meaning as in section 136(1) of the Social Security Administration Act 1992[6];

"the Housing Benefit Regulations" means the Housing Benefit (General) Regulations 1987[7];

"the qualifying age for state pension credit" means (in accordance with section 1(2)(b) and (6) of the State Pension Credit Act 2002[8]) - 

(a) in the case of a woman, pensionable age; or

(b) in the case of a man, the age which is pensionable age in the case of a woman born on the same day as the man; and

"state pension credit" means state pension credit under the State Pension Credit Act 2002.

(a) in paragraph (3) for "In" there shall be substituted "Subject to paragraph (3A), in";

(b) after paragraph (3), there shall be inserted - 

    " (3A) Where housing benefit is paid for the period of 4 weeks in accordance with paragraph (3) above, and the last day of that period falls on a day other than the last day of a benefit week, then housing benefit shall continue to be paid until the end of the benefit week in which the last day of that period falls."; and

(c) in paragraph (4) after the words "in paragraph (3)" there shall be inserted "and any further period specified in paragraph (3A)".

    (2) In regulation 53B[12] (continuing payments where state pension credit claimed) of the Council Tax Benefit Regulations - 

(a) in paragraph (3) for "In" there shall be substituted "Subject to paragraph (3A), in";

(b) after paragraph (3), there shall be inserted - 

    " (3A) Where council tax benefit is paid for the period of 4 weeks in accordance with paragraph (3) above, and the last day of that period falls on a day other than the last day of a benefit week, then council tax benefit shall continue to be paid until the end of the benefit week in which the last day of that period falls."; and

(c) in paragraph (4) after the words "in paragraph (3)" there shall be inserted "and any further period specified in paragraph (3A)".

    (2) Where this regulation applies the appropriate relevant authority, where it considers it appropriate to do so and upon its own initiative, may make a decision under paragraph 4 of Schedule 7 to the Act (decisions superseding earlier decisions).

    (3) Where the effect of the decision made in accordance with paragraph (2) is that the benefit period is to be extended, a decision to which paragraph (2) applies shall take effect on the day immediately after the day on which the benefit period would have expired but for the decision made in accordance with this regulation.

    (4) Where this regulation applies and the appropriate relevant authority considers it appropriate to make a decision under paragraph (2), the provisions in regulation 72(14)(a) and (b) of the Housing Benefit Regulations and regulation 62(15)(a) and (b) of the Council Tax Benefit Regulations shall not apply.

Extension of benefit period
     5. Where regulation 4(1) applies - 

(a) regulation 66(3) of the Housing Benefit Regulations[13] (benefit period) shall have effect as if the reference to "60 benefit weeks" were a reference to "85 benefit weeks"; and

(b) regulation 57(3) of the Council Tax Benefit Regulations (benefit period) shall have effect as if the reference to "60 weeks" were a reference to "85 weeks".

Transitory provision for rent officer referrals
     6. Where the appropriate relevant authority decides to make a decision under regulation 4(2) it may apply to a rent officer for a determination to be made in pursuance of Housing Act functions.

" "the qualifying age for state pension credit" means (in accordance with section 1(2)(b) and (6) of the State Pension Credit Act 2002[14]) - 
(a) in the case of a woman, pensionable age; or

(b) in the case of a man, the age which is pensionable age in the case of a woman born on the same day as the man;".

Amendment of regulation 7 of the Housing Benefit Regulations
     9. In regulation 7(10) of the Housing Benefit Regulations (circumstances in which a person is to be treated as not liable to make payments in respect of a dwelling) the words from "except" to the end of the paragraph shall be omitted.

Amendment of regulation 11 of the Housing Benefit Regulations
     10. In regulation 11(6) of the Housing Benefit Regulations (maximum rent) - 

(a) in sub-paragraph (b) for the words "benefit period" there shall be substituted "award of housing benefit";

(b) for the words after sub-paragraph (b) there shall be substituted - 

" then - 
(i) the maximum rent shall not be reduced, where the sum is not less than the maximum rent, during a period ending on the date that the authority next applies to the rent officer for a determination in accordance with regulation 12A (requirement to refer to rent officers); and

(ii) the maximum rent shall be reduced to an amount equal to that sum, where that sum is less than the maximum rent during a period ending on the date that the authority next applies to the rent officer for a determination in accordance with regulation 12A (requirement to refer to rent officers).".

Amendment of regulation 12A of the Housing Benefit Regulations
     11.  - (1) Regulation 12A[15] (requirement to refer to rent officers) shall be amended in accordance with the following paragraphs.

    (2) In paragraph (1) - 

(a) the words "it has received" shall be omitted;

(b) at the beginning of sub-paragraphs (a), (aa), (b) and (c) the words "it has received" shall be inserted;

(c) after sub-paragraph (c), there shall be inserted the following sub-paragraphs - 


" (d) 52 weeks have elapsed since it last made an application under sub-paragraph (a), (aa) or (b) above in relation to the claim or award in question; or

(e) 52 weeks have elapsed since - 


(i) an application was made under sub-paragraph (d) above; or

(ii) an application was made under this sub-paragraph,



whichever last occurred.".

    (3) In paragraph (3) - 

(a) the words "appropriate local authority receiving" shall be omitted;

(b) at the beginning of sub-paragraphs (a), (aa) and (b) the words "relevant authority receiving" shall be inserted;

(c) after sub-paragraph (b), there shall be inserted - 

" or
(c) day on which the period mentioned in paragraph (1)(d) or (e) elapsed.".

Extended payments
     12.  - (1) In regulation 62A[16] of the Housing Benefit Regulations (extended payments) after paragraph (5), there shall be inserted - 

    "(5A) Where a person attains the qualifying age for state pension credit during the period of an extended payment made to him or his partner under this regulation, paragraph (5)(b) shall have effect as if - 

(a) after the word "beneficiary" there were inserted the words "or his partner"; and

(b) for the words from "deemed to be" to the end of that sub-paragraph there were substituted the words "treated as having been made in respect of a period beginning immediately after the end of the benefit period.".

    (2) In regulation 53A[17] of the Council Tax Benefit Regulations (extended payments) after paragraph (5), there shall be inserted - 

    "(5A) Where a person attains the qualifying age for state pension credit during the period of an extended payment made to him or his partner under this regulation, paragraph (5)(b) shall have effect as if - 

(a) after the word "beneficiary" there were inserted the words "or his partner"; and

(b) for the words from "deemed to be" to the end of that sub-paragraph there were substituted the words "treated as having been made in respect of a period beginning immediately after the end of the benefit period.".

Change of circumstances
     13.  - (1) In regulation 68[18] of the Housing Benefit Regulations (date on which change of circumstances is to take effect) - 

(a) in paragraph (1) for the words "regulation 8(3) (eligible housing costs) or regulation 26" there shall be substituted "regulation 29"[19];

(b) at the beginning of paragraphs (2), (3) and (4) there shall be inserted the words "Subject to paragraphs (13) and (14),";

(c) after paragraph (12) the following paragraphs shall be added - 

    " (13) Paragraph (14) applies where - 


(a) a change of circumstances would, but for that paragraph, take effect in accordance with paragraph (2), (3)(a)(i) or (b) or (4) on a day that is not the first day of a benefit week; and

(b) the effect of that change of circumstances is to end entitlement to housing benefit.



    (14) In a case to which this paragraph applies, the change of circumstances shall take effect from the first day of the benefit week following the day on which the change of circumstances actually occurred.".

    (2) In regulation 59(1)[20] of the Council Tax Benefit Regulations (date on which change of circumstances is to take effect) for the words "regulation 18" there shall be substituted "regulation 21"[21].

Time claims are made or treated as made
     14.  - (1) Subject to regulation 20, in the Housing Benefit Regulations - 

(a) in regulation 65(1), the words "regulation 72(12) to (14) (renewal claims) and" shall be omitted; and

(b) in regulation 72, paragraphs (12) to (14A)[22] (time and manner in which claims are to be made) shall be omitted.

    (2) Subject to regulation 20, in the Council Tax Benefit Regulations - 

(a) in regulation 56(1) (date on which entitlement is to begin) the words "and to regulation 62(13) to (15) (renewal claims)" shall be omitted; and

(b) in regulation 62, paragraphs (13) to (15A)[23] (time and manner in which claims are to be made) shall be omitted.

Amendment of regulation 76 of the Housing Benefit Regulations and regulation 66 of the Council Tax Benefit Regulations
     15. Paragraph (2)(d) of regulation 76 of the Housing Benefit Regulations and paragraph (2)(d) of regulation 66 of the Council Tax Benefit Regulations (who is to make a decision) shall be omitted.

Amendment of regulation 104 of the Housing Benefit Regulations and regulation 90 of the Council Tax Benefit Regulations
     16. Paragraph (2) of regulation 104 of the Housing Benefit Regulations and paragraph (2) of regulation 90 of the Council Tax Benefit Regulations (sums to be deducted in calculating recoverable excess benefit) shall be omitted.

Amendment of Schedule 1A to the Housing Benefit Regulations
     17.  - (1) Schedule 1A[24] to the Housing Benefit Regulations (excluded tenancies) shall be amended in accordance with the following paragraphs.

    (2) For paragraph 2(2) there shall be substituted - 

    " (2) For the purposes of any claim, notification, request or application under regulation 12A(1) ("the later application"), a tenancy shall not be an excluded tenancy by virtue of sub-paragraph (1) by reference to a rent officer's determination made in consequence of an earlier claim, notification, request or application ("the earlier application") where - 


(a) the earlier and later applications were made in respect of the same claimant or different claimants; and

(b) the earlier application was made more than 52 weeks before the later application was made.".

    (3) Paragraphs 2(2A) and (3)(d) and 4 shall be omitted.

Amendment of Schedule 6 to the Housing Benefit Regulations and Schedule 6 to the Council Tax Benefit Regulations
     18. Paragraph 9(h)[25] of Schedule 6 to the Housing Benefit Regulations and paragraph 9(e)[26] of Schedule 6 to the Council Tax Benefit Regulations (awards where income support or state pension credit is payable) shall be omitted.

Minor and consequential amendments
     19.  - (1) In the provisions specified in paragraph (2), for the words "benefit period" wherever they occur, there shall be substituted the words "award of housing benefit", preceded, where appropriate, by "an" instead of "a".

    (2) The provisions referred to in paragraph (1) are the following regulations in the Housing Benefit Regulations - 

(a) regulation 11(9) and (10)[27] (maximum rent);

(b) regulation 70(2) (rent free periods); and

(c) regulation 75(1)[28] (duty to notify change of circumstances).

    (3) In regulation 70(2)(a) of the Housing Benefit Regulations (rent free periods) for the words "that period" in both places where they occur, there shall be substituted the words "that award".

    (4) In regulation 65(1)[29] of the Council Tax Benefit Regulations (duty to notify a change of circumstances) for the words "benefit period" there shall be substituted the words "award of council tax benefit".

Transitional provision
     20.  - (1) Paragraphs (2) and (3) apply in the case of a claimant whose, or whose partner's, benefit period ends before 6th October 2003.

    (2) Where paragraph (1) applies, regulation 72(13) and (14) of the Housing Benefit Regulations and regulation 62(14) and (15) of the Council Tax Benefit Regulations shall continue to have effect until 3rd November 2003.

    (3) Where paragraph (1) applies and either - 

(a) a claimant makes a claim for a further grant of - 


(i) housing benefit in accordance with regulation 72(13) of the Housing Benefit Regulations, or

(ii) council tax benefit in accordance with regulation 62(14) of the Council Tax Benefit Regulations,



after 6th October 2003 but no later than 4 weeks after the end of the benefit period; or

(b) a relevant authority invites that claimant to make a claim for a further grant of - 



(i) housing benefit in accordance with regulation 72(14) of the Housing Benefit Regulations, or

(ii) council tax benefit in accordance with regulation 62(15) of the Council Tax Benefit Regulations,



and following that invitation, a claim is received from that claimant after 6th October 2003 but no later than 4 weeks after the end of the benefit period,

that claim shall be treated as having been made in respect of the period beginning immediately after the end of the benefit period.

    (4) Paragraphs (5) and (6) shall apply in the case of a claimant - 

(a) whose, or whose partner's, benefit period ends before the claimant attains the qualifying age for state pension credit; and

(b) who attains the qualifying age for state pension credit no later than 4 weeks after the end of the benefit period.

    (5) Where paragraph (4) applies, regulation 72(13) and (14) of the Housing Benefit Regulations and regulation 62(14) and (15) of the Council Tax Benefit Regulations shall continue to have effect until 4 weeks after the day on which the benefit period ends.

    (6) Where paragraph (4) applies and either - 

(a) a claimant makes a claim for a further grant of - 


(i) housing benefit in accordance with regulation 72(13) of the Housing Benefit Regulations, or

(ii) council tax benefit in accordance with regulation 62(14) of the Council Tax Benefit Regulations,



after he has attained the qualifying age for state pension credit but no later than 4 weeks after the end of the benefit period; or

(b) a relevant authority invites that claimant to make a claim for a further grant of - 



(i) housing benefit in accordance with regulation 72(14) of the Housing Benefit Regulations, or

(ii) council tax benefit in accordance with regulation 62(15) of the Council Tax Benefit Regulations,



and, following that invitation, a claim is received from that claimant after he has attained the qualifying age for state pension credit but no later than 4 weeks after the end of the benefit period,

that claim shall be treated as having been made in respect of the period beginning immediately after the end of the benefit period.

Transitional provision for rent officer referrals
     21.  - (1) Paragraph (2) applies where a claimant attains or has attained the qualifying age for state pension credit on or before 6th October 2003.

    (2) If, on 6th October 2003, more than 52 weeks have elapsed since the relevant authority last made an application in relation to that claimant's, or his partner's, claim for, or award of, housing benefit for a determination in accordance with regulation 12A(1) of the Housing Benefit Regulations (requirement to refer to rent officers), the relevant authority shall apply to a rent officer for a determination to be made in pursuance of the Housing Act functions as soon as is practicable after 6th October 2003.

    (3) Paragraph (4) applies where a claimant attains the qualifying age for state pension credit on a date ("the qualifying date") after 6th October 2003.

    (4) If, on the qualifying date, more than 52 weeks have elapsed since the relevant authority last made an application in relation to that claimant's, or his partner's, award of housing benefit for a determination in accordance with regulation 12A(1) of the Housing Benefit Regulations (requirement to refer to rent officers), the relevant authority shall apply to a rent officer for a determination to be made in pursuance of the Housing Act functions as soon as is practicable after the qualifying date.

    (5) Any application made under paragraph (2) or (4) above shall be subject to regulation 12A(1A) and (7A) of the Housing Benefit Regulations.

    (6) An appropriate relevant authority may make a decision under paragraph 4 of Schedule 7 to the Act in a case to which paragraphs (2) or (4) apply.

    (7) Where an appropriate relevant authority makes a decision under paragraph (6) which adopts the determination made in consequence of the application made under paragraph (2) or (4) the decision shall take effect - 

(a) in a case to which paragraph (2) applies, on 6th October 2003; and

(b) subject to paragraph (8), in a case to which paragraph (4) applies, on the qualifying date.

    (8) Where an appropriate relevant authority makes a decision under paragraph (6) which adopts the determination made in consequence of the application made under paragraph (4) - 

(a) in a case where entitlement to housing benefit ceases; and

(b) where the qualifying date is not the first day of the benefit week,

the decision shall take effect on the first day of the benefit week following the benefit week in which the qualifying date falls.

(a) after paragraph (5B), there shall be inserted the following paragraphs - 

    " (5C) Subject to paragraph (5D), paragraphs (1) to (5A) above shall have effect where a claimant has attained the qualifying age for state pension credit as if any references to a benefit period were references to an award of housing benefit.

    (5D) Paragraph (5C) shall not apply if the claimant, or if the claimant has a partner, his partner, is a person on income support or on an income-based jobseeker's allowance within the meaning of the Principal Regulations.";

(b) in paragraph (6), at the appropriate places, insert the following definitions - 

" "the qualifying age for state pension credit" means (in accordance with section 1(2)(b) and (6) of the State Pension Credit Act 2002[31]) - 
(a) in the case of a woman, pensionable age; or

(b) in the case of a man, the age which is pensionable age in the case of a woman born on the same day as the man;



"state pension credit" means state pension credit under the State Pension Credit Act 2002".

Amendment of regulation 4 of the Housing Benefit and Council Tax Benefit (General) Amendment Regulations 1997
     23. In regulation 4 of the Housing Benefit and Council Tax Benefit (General) Amendment Regulations 1997[32] (savings) after paragraph (2AC) there shall be inserted the following paragraphs - 

    " (2AD) Paragraph (2A) shall have effect where a claimant has attained the qualifying age for state pension credit as if the words "makes a further claim for housing benefit under regulation 72(12) to (14) of the principal Regulations, where he" were omitted;

    (2AE) Paragraph (2AD) shall not apply if the claimant, or if the claimant has a partner, his partner, is a person on income support or on an income-based jobseeker's allowance within the meaning of the Principal Regulations[33].

    (2AF) In this Regulation - 


"the qualifying age for state pension credit" means (in accordance with section 1(2)(b) and (6) of the State Pension Credit Act 2002[34]) - 
(a) in the case of a woman, pensionable age; or

(b) in the case of a man, the age which is pensionable age in the case of a woman born on the same day as the man;


"state pension credit" means state pension credit under the State Pension Credit Act 2002.".

Amendment of regulations 7 and 8 of the Housing Benefit and Council Tax Benefit (Decisions and Appeals) Regulations 2001
     24.  - (1) In regulation 7 of the Housing Benefit and Council Tax Benefit (Decisions and Appeals) Regulations 2001[35] (decisions superseding earlier decisions) there shall be inserted the following paragraph - 

    " (2A) An appropriate relevant authority may, upon its own initiative, make a decision under paragraph 4 of Schedule 7 to the Act in any case to which regulation 12A(1)(d) or (e) of the Housing Benefit Regulations (requirement to refer to rent officers) applies.".

    (2) In regulation 8 of the Housing Benefit and Council Tax Benefit (Decisions and Appeals) Regulations 2001 (date from which a decision superseding an earlier decision takes effect) after paragraph (11) there shall be inserted the following paragraphs - 

    " (12) Except in a case where entitlement to housing benefit ceases, where a rent officer has made a determination in exercise of the Housing Act functions pursuant to an application by a relevant authority under regulation 12A(1)(d) or (e) of the Housing Benefit Regulations, any decision to which regulation 7(2A) applies which adopts that determination shall take effect from the first day following the last day of the period mentioned in regulation 12A(1)(d) or (e) of those Regulations.

    (13) For the purposes of paragraph (12) "Housing Act functions" has the same meaning as in section 136(1) of the Administration Act.".

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


Malcolm Wicks
Parliamentary Under-Secretary of State, Department for Work and Pensions

21st May 2003

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

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

[4] 2000 c.19.back

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

[6] 1992 c.5.back

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

[8] 2002 c.16.back

[9] See regulation 2(1) and (3A); paragraph (3A) was inserted by S.I. 1996/1510.back

[10] See regulation 2(1) and (3A); paragraph (3A) was inserted by S.I. 1996/1510.back

[11] Regulation 62B was inserted by S.I. 2003/325.back

[12] Regulation 53B was inserted by S.I. 2003/325.back

[13] Relevant amending instruments are S.I. 1998/1971 and 2000/4.back

[14] 2002 c.16.back

[15] Regulation 12A was inserted by S.I. 1990/546; relevant amending instruments are S.I. 1993/317, 1995/1644 and 2868, 1996/965, 1999/2401 and 2734, 2000/4, 2001/1324, 1605 and 2333 and 2003/48.back

[16] Regulation 62A was inserted by S.I. 1996/194 and amended by S.I. 2001/537.back

[17] Regulation 53A was inserted by S.I. 1996/194 and amended by S.I. 1999/2556, 2001/537 and 1605.back

[18] Paragraphs (9) to (11) were added by S.I. 2003/325; relevant amending instruments are S.I. 1990/546, 1992/432, 1994/578, 1995/511, 1996/1510, 1999/2734, 2000/897, 2001/1605 and 2003/308.back

[19] Regulation 29 was substituted, in relation to those who have attained the qualifying age for state pension credit, by S.I 2003/325.back

[20] Relevant amending instruments are S.I. 1994/578, 1995/511, 1996/1510, 2001/1605 and 2003/308.back

[21] Regulation 21 was substituted, in relation to those who have attained the qualifying age for state pension credit, by S.I. 2003/325.back

[22] Paragraph 14A was inserted by S.I. 1999/2556; relevant amending instruments are S.I. 1991/235, 1996/1510, 1999/2556, 2001/537 and 1605.back

[23] Paragraph 15A was inserted by S.I. 1999/2556; relevant amending instruments are S.I. 1996/462 and 1510, 1999/2556, 2001/537 and 1605.back

[24] Schedule 1A was inserted by S.I. 1990/546; relevant amending instruments are S.I. 1991/235, 1992/432, 1993/317 and 1249, 1995/560 and 2868, 1996/965, 1997/852, 1998/563, 2001/487, 1324 and 1605 and 2002/2322.back

[25] Relevant amending instruments are S.I. 1989/416, 1990/546, 1996/1510, 2001/1605 and 2003/325.back

[26] Relevant amending instruments are S.I. 1996/1510, 2001/1605 and 2003/325.back

[27] Regulation 11(9) was amended by S.I. 2001/1605.back

[28] Relevant amending instruments are S.I. 1999/3108 and 2001/1605.back

[29] Relevant amending instruments are S.I. 1999/3108 and 2001/1605.back

[30] S.I. 1995/1644. Relevant amending instruments are S.I. 1996/462 and 2432, 1998/563 and 2231 and 1999/2734.back

[31] 2002 c.16.back

[32] S.I. 1997/852. Relevant amending instruments are S.I. 1997/1975 and 1998/2231.back

[33] See regulation 2(1) and (3A); paragraph (3A) was inserted by S.I. 1996/1510.back

[34] 2002 c.16.back

[35] 2001/1002. Relevant amending instruments are S.I. 2002/490 and S.I. 2003/1050.back

[36] 1992 c.4.back

[37] 1992 c.14.back

[38] 2002 c.16.back

[39] 1994 c.18.back

[40] 1992 c.5.back

[41] 1998 c.14.back

[42] 1995 c.18.back

[43] 1996 c.52.back

[44] See: paragraph 20(3) of Schedule 7 to the Child Support, Pensions and Social Security Act 2000.back

[45] 2000 c.19.back