The Housing Benefit Regulations (Northern Ireland) 2006

Prospective

Higher pensioner premium N.I.

11.—(1) Where the claimant is a single claimant or a lone parent, the condition for the higher pensioner premium is that—

(a) he is aged not less than 80; or

(b) he is aged less than 80 but not less than 60; and—

(i) the additional condition specified in paragraph 13(1)(a) is satisfied, or

(ii) the claimant was in receipt of housing benefit and the disability premium was applicable to him in respect of a benefit week within 8 weeks of his 60th birthday and he has, subject to sub-paragraph (3), remained continuously in receipt of housing benefit since attaining that age.

(2) Where the claimant has a partner, the condition is that—

(a) he or his partner is aged not less than 80; or

(b) he or his partner is aged less than 80 but not less than 60 and either—

(i) the additional condition specified in paragraph 13(1)(a) is satisfied, or

(ii) the claimant was in receipt of housing benefit and the disability premium was applicable to him in respect of a benefit week within 8 weeks of his 60th birthday and he has, subject to sub-paragraph (3), remained continuously in receipt of housing benefit since attaining that age.

(3) For the purposes of this paragraph and paragraph 13—

(a) once the higher pensioner premium is applicable to a claimant, if he then ceases, for a period of 8 weeks or less, to be entitled to housing benefit, he shall, on becoming re-entitled to housing benefit, thereafter be treated as having been continuously entitled to that benefit;

(b) where sub-paragraphs (1)(b)(ii) and (2)(b)(ii) apply, if a claimant ceases to be entitled to housing benefit for a period not exceeding 8 weeks which includes his 60th birthday, he shall, on becoming re-entitled to housing benefit, thereafter be treated as having been continuously entitled to that benefit.

(4) In the case of a claimant who is a welfare to work beneficiary, references in sub-paragraphs (1)(b)(ii), (2)(b)(ii) and (3)(b) to a period of 8 weeks shall be treated as references to a period of 104 weeks.

(5) A person is a welfare to work beneficiary if he is a person—

(a) to whom regulation 13A(1) of the Social Security (Incapacity for Work) (General) Regulations (Northern Ireland) 1995(1) applies; and

(b) who again becomes incapable of work for the purposes of Part XIIA of the Act(2).

Commencement Information

I1 Sch. 4 para. 11 in operation at 20.11.2006, see reg. 1(1)

(1)

S.R. 1995 No. 41; regulation 13A was inserted by regulation 4(2) of S.R. 1998 No. 324 and amended by regulation 2(2) of, and the Schedule to, S.R. 2006 No. 150

(2)

Part XIIA was inserted by Articles 7 and 8(1) of the Social Security (Incapacity for Work) (Northern Ireland) Order 1994 (S.I. 1994/1898 (N.I. 12))