The Housing Benefit Regulations 2006

Higher Pensioner Premium E+W+S

11.—(1) Where the claimant is a single claimant or a lone parent, the condition 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, or was treated as being in receipt of, housing benefit and the disability premium was or, as the case may be, would have been, 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, or was treated as being in receipt of, housing benefit and the disability premium was or, as the case may be, would have been, 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 or treated as 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 or treated as 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.

(c) where the claimant or his partner—

(i) was entitled to council tax benefit or, as the case may be, community charge benefit at any time in the period of 8 weeks before becoming entitled or re-entitled to housing benefit; and

(ii) satisfied the conditions in respect of the higher pensioner premium under paragraphs 11 and 13 of Schedule 1 to the Council Tax Benefit Regulations 2006 or, as the case may be, paragraphs 11 and 13 of Schedule 1 to the Community Charge Benefits (General) Regulations 1989 M1 ,

for the purpose of establishing entitlement or re-entitlement to housing benefit, he or his partner shall be treated as satisfying the equivalent conditions for higher pensioner premium under this paragraph and paragraph 13.

(4) In the case of a claimant who is a welfare to work beneficiary, references in sub-paragraphs (1)(b)(ii), (2)(b)(ii), (3)(b) and (3)(c)(i) to a period of 8 weeks shall be treated as references to a period of [F1 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 1995 M2 applies; and

(b) who again becomes incapable of work for the purposes of Part 12A of the Act.

(6) For the purposes of this paragraph, a claimant shall be treated as having been entitled to and in receipt of housing benefit throughout any period which comprises only days on which he was participating in an employment zone programme and was not entitled to that benefit because, as a consequence of his participation in that programme, he failed to satisfy the condition in section 130(1)(c) of the Act.

Textual Amendments

F1 Words in Sch. 3 para. 11(4) substituted (9.10.2006) by The Social Security (Miscellaneous Amendments) (No. 4) Regulations 2006 (S.I. 2006/2378), regs. 1(7), 15(5)

Marginal Citations

M1 S.I. 1989/1321.

M2 S.I. 1995/311; relevant amending Instruments are S.I. 1998/2231 and 1999/3109.