The Housing Benefit (State Pension Credit) (Abolition of Benefit Periods Amendment) Regulations (Northern Ireland) 2003

PART 3 Transitory Provisions

Transitory Provision

4.—(1) This regulation applies in the case of a claimant –

(a) who has attained the qualifying age for state pension credit on or before 6th October 2003, and

(b) whose benefit period is due to end in the period beginning on and including 16th June 2003 and ending on 5th October 2003.

(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(13)(a) and (b) of the Housing Benefit Regulations(1) (time and manner in which claims are to be made) shall not apply.

Extension of benefit period

5.  Where regulation 4(1) applies regulation 66(3) of the Housing Benefit Regulations(2) (benefit period) shall have effect as if the reference to “60 benefit weeks” were a reference to “85 benefit weeks”.

(1)

Paragraph (13)(a) and (b) was amended by regulation 9(b) of S.R. 1991 No. 47, regulation 13(c) of S.R. 1996 No. 334, regulation 4(3)(a)(i) and (ii) of S.R. 1999 No. 381 and Schedule 1 to S.R. 2001 No. 215

(2)

Paragraph (3) was amended by regulation 5(a) of S.R. 2000 No. 1