The Housing Benefit and Council Tax Benefit (Consequential Provisions) Regulations 2006

Amendment of the Housing Benefit and Council Tax Benefit (Miscellaneous Amendments) (No.3) Regulations 2005

27.—(1) The Housing Benefit and Council Tax Benefit (Miscellaneous Amendments) (No.3) Regulations 2005 M1 shall be amended in accordance with the following provisions of this paragraph.

(2) Regulation 2 (which makes amendments relating to housing benefit) shall be amended in accordance with paragraphs (3) to (18).

(3) For paragraphs (1) and (2), substitute—

“(1) The amendment made by paragraph (6) is to the Housing Benefit Regulations as modified in its application to persons to whom regulation 2(1) of the State Pension Credit Regulations applies.

(2) The amendments made by paragraphs (4), (5), (15) and (16) are to the Housing Benefit Regulations 2006.

(2A) The amendments made by paragraphs (3), (7), (9)(b), (11), (14), (17) and (18) are to the Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 2006.

(2B) The amendments made by paragraphs (8), (10)(b) to (g), (12) and (13) are to both the Housing Benefit Regulations 2006 and to the Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 2006.”.

(4) In paragraph (3), for the words “regulation 16”, substitute “ regulation 22 of the Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 2006 ”.

(5) In paragraph (4), for the words “regulation 18”, substitute “ regulation 24 of the Housing Benefit Regulations 2006 ”.

(6) In paragraph (5), for the words “In regulation 21A(4)(c) (treatment of child care charges) for the words “within the meaning of regulation 18(2) (patients)”“, substitute “In regulation 28(11)(e) of the Housing Benefit Regulations 2006 (treatment of child care charges) for the words “within the meaning of regulation 24(2) (patients)”“.

(7) In paragraph (7)—

(a) for the words “regulation 36(7)(a)”, substitute “ regulation 41(9)(a) of the Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 2006 ”; and

(b) for the words “regulation 69(2)(b)”, substitute “ regulation 61(2)(b) ”.

(8) In paragraph (8)—

(a) for the words “In regulation 63(7)(e) (non-dependant deductions)”, substitute “ In both regulation 74(7)(f) of the Housing Benefit Regulations 2006 and regulation 55(7)(f) of the Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 2006 (non-dependant deductions) ”; and

(b) in the substituted head (i) of both regulations, for the words “paragraph 9 of regulation 5”, substitute “ paragraph 18 of regulation 7 ”.

(9) In paragraph (9)—

(a) for the words “regulation 65”, substitute “ regulation 57 of the Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 2006 ”;

(b) omit sub-paragraph (a);

(c) in sub-paragraph (b)—

(i) for “(5)” substitute “ (2) ”;

(ii) the substituted paragraph (5) shall be renumbered paragraph (2);

(iii) in the substituted paragraph (2)(a), omit the words “regulation 72BA applies to him and”;

(iv) in the substituted paragraph (2)(b), omit the words “paragraph (2) does not apply to him and”.

(10) In paragraph (10)—

(a) for the words “regulation 68”, substitute “ both regulation 79 of the Housing Benefit Regulations 2006 and regulation 59 of the Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 2006 ”;

(b) omit sub-paragraph (a);

(c) in sub-paragraph (b), in the substituted paragraph (2), for the words “paragraph 13”, substitute “ paragraph (8) ”;

(d) in sub-paragraph (c)—

(i) in the inserted paragraphs (2A) for the words “paragraphs (13) and (14)”, substitute “ paragraphs (8) and (9) ”;

(ii) in the inserted paragraphs (2A)(b)(i) and (2B), for the words “regulation 5(5)”, substitute “ regulation 7(6) ”;

(iii) on the inserted paragraph (2B), for the words “paragraph (13)”, substitute “ paragraph (8) ”;

(e) in sub-paragraph (d), for heads (i) and (ii), substitute—

“(i) the words “and (9)” shall be omitted;

(ii) in regulation 79(3)(a)(i) of the Housing Benefit Regulations 2006, after “80(2)(b)” there shall be inserted “ or (c) ”;

(iii) in regulation 59(3)(a)(i) of the Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 2006, after “61(2)(b)” there shall be inserted “ or (c) ”;”;

(f) in sub-paragraph (e), in the substituted paragraph (4), for the words “paragraph (13)”, substitute “ paragraph (8) ”; and

(g) in sub-paragraph (f)—

(i) for the words “paragraphs (13) and (14)”, substitute “ paragraphs (8) and (9) ”;

(ii) in the substituted paragraph (8) for the words “paragraph (14), substitute “paragraph (9); and

(iii) in the substituted paragraph (9), for the words “regulation 5(5A) or (7A)”, substitute “ regulation 7(7) or (10) ”.

(11) For paragraph (11), substitute—

“(11) In regulation 60(9)(a)(i) of the Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 2006 (change of circumstances where state pension credit payable), after “regulation 61(2)(b)”, there shall be inserted “ or (c) ”.”.

(12) In paragraph (12)—

(a) for the words “regulation 69”, there shall be substituted, in the Housing Benefit Regulations 2006, “ regulation 80 ” and, in the Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 2006, “ regulation 61 ”;

(b) in sub-paragraph (a), after “(2)” insert “ of both regulations ”;

(c) for sub-paragraph (a)(i), there shall be substituted—

“(i) in sub-paragraph (a) for “paragraph (3)” there shall be substituted “ paragraph (4) ”;”

(d) in sub-paragraph (a)(ii), in the substituted paragraphs (b) and (c), for the words “paragraph (5)”, substitute “ paragraph (4) ”;

(e) for sub-paragraph (b), substitute—

“(b) paragraph (3) shall be omitted;”;

(f) in sub-paragraph (c)—

(i) for the words “paragraph (5)”, substitute “ paragraph (4) ”;

(ii) the substituted paragraph (5) shall be renumbered paragraph (4);

(iii) in the substituted paragraph (4), there shall be substituted, in the Housing Benefit Regulations 2006—

(aa) for “regulation 65(2) or (5)”, “ regulation 76(2) ”;

(bb) for “regulation 68(2)”, “ regulation 79(2) ”;

(cc) for “regulation 68(2A)”, in both places, “ regulation 79(2A) ”; and

(dd) for “(13) or (14)”, “ (8) or (9) ”;

(iv) in the substituted paragraph (4), there shall be substituted, in the Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 2006—

(aa) for “regulation 65(2) or (5)”, “ regulation 57(2) ”;

(bb) for “regulation 68(2)”, “ regulation 59(2) ”;

(cc) for “regulation 68(2A)”, in both places, “regulation 59(2A); and

(dd) for “(13) or (14)”, “ (8) or (9) ”;

(g) for sub-paragraph (d), substitute—

“(d) in paragraph (5) of both regulations, for “(5)(a) or (c)”, substitute “ (4)(a) or (b); ””;

(h) for sub-paragraph (e), substitute—

“(e) in paragraph (6) of both regulations, for “(5)(b)”, substitute “ (4)(c); ””;

(i) in sub-paragraph (f)—

(i) for the words “paragraph (9)”, substitute in the Housing Benefit Regulations 2006, “ paragraph (8) ” and, in the Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 2006, “ paragraph (7) ”;

(ii) the inserted paragraphs (10) and (11), shall be renumbered, in both the Housing Benefit Regulations 2006 and in the Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 2006, “paragraphs (9) and (10)”;

(iii) in the renumbered paragraph (10), for the words “regulation 5(5)”, substitute “ regulation 7(6) ”.

(13) In paragraph (13)—

(a) for the words “regulation 70”, substitute, in the Housing Benefit Regulations 2006, “ regulation 81 ” and, in the Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 2006, “ regulation 62 ”;

(b) in sub-paragraph (a), in the substituted paragraph (2), for the words “regulation 69(5)”, substitute in the Housing Benefit Regulations 2006, “ regulation 80(4) ” and, in the Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 2006, “ regulation 61(4) ”;

(c) for sub-paragraph (b), there shall be substituted, in its application to the Housing Benefit Regulations 2006—

“(b) in paragraph (3)(b), after “regulation 80(2)(b)” there shall be inserted “ or (c) ””;

(d) for sub-paragraph (b), there shall be substituted, in its application to the Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 2006—

“(b) in paragraph (3)(b), after “regulation 61(2)(b)” there shall be inserted “ or (c) ””.

(14) In paragraph (14), for the words “regulation 75(6)”, there shall be substituted “ regulation 69(7) of the Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 2006 ”.

(15) In paragraph (15)—

(a) for the words “Schedule 2” substitute “ Schedule 3 to the Housing Benefit Regulations 2006 ”;

(b) in sub-paragraph (a)—

(i) for the words “paragraph 12”, substitute “ paragraph 13 ”;

(ii) for sub-head (ii), substitute—

“(ii) for “regulation 24(2) (patients)” there shall be substituted “ regulation 28(11)(e) (treatment of child care charges) ””;

(c) for sub-paragraph (b), substitute—

“(b) in paragraph 15(2)(a)(ii), for “regulation 24(2)”, there shall be substituted “ regulation 28(11)(e) ””.

(16) In paragraph (16), for the words “paragraph 8(1)(f) of Schedule 5”, substitute “ paragraph 9(1)(e) of Schedule 6 to the Housing Benefit Regulations 2006 ”.

(17) In paragraph (17)—

(a) for the words “paragraph 21(2) of Schedule 5ZA, after sub-paragraph (l)” substitute “ paragraph 21(2) of Schedule 6 to the Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 2006, after sub-paragraph (j) ”; and

(b) the inserted sub-paragraphs (2)(m) and (n) shall be renumbered sub-paragraph (2)(k) and (l).

(18) In paragraph (18), for the words “paragraph 9(2)(b) of Schedule 6” substitute “ paragraph 9(2)(b) of Schedule 8 to the Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 2006 ”.

(19) Regulation 3 (which makes amendments relating to council tax benefit) shall be amended in accordance with paragraphs (20) to (31).

(20) For paragraphs (1) and (2), substitute—

“(1) The amendment made by paragraph (6) is to the Council Tax Benefit Regulations as modified in its application to persons to whom regulation 2(1) of the State Pension Credit Regulations applies.

(2) The amendments made by paragraphs (4), (5), (11) and (13) are to the Council Tax Benefit Regulations 2006.

(2A) The amendments made by paragraphs (3), (9), (14) and (15) are to the Council Tax Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 2006.

(2B) [F1 The amendment made by paragraph (7) is] to both the Council Tax Benefit Regulations 2006 and the Council Tax Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 2006.

(2C) The amendment made by paragraph (10) is to the Council Tax Benefit Regulations.”.

(21) In paragraph (3)—

(a) for the words “regulation 8”, substitute “ regulation 12 of the Council Tax Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 2006 ”; and

(b) in the substituted paragraph 5, for “Schedule 1A” substitute “ Schedule 1 ”.

(22) In paragraph (4), for the words “Regulation 10”, substitute “ Regulation 14 of the Council Tax Benefit Regulations 2006 ”.

(23) In paragraph (5), for the words “regulation 13A(4)(c)”, substitute “ regulation 18(11)(e) of the Council Tax Benefit Regulations 2006 ”.

(24) In paragraph (7)—

(a) for the words “regulation 52(7)(d)”, substitute “ regulation 58(7)(d) of the Council Tax Benefit Regulations 2006 and regulation 42(7)(d) of the Council Tax Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 2006 (non-dependant deductions) ”; and

(b) in the substituted head (i)—

(i) for “(6)” substitute “ (7) ”; and

(ii) for “4C” substitute “ 8 ”.

(25) Paragraph (8) shall be omitted.

(26) In paragraph (9), for the words “regulation 65(7)”, substitute “ regulation 59(8) of the Council Tax Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 2006 ”.

(27) For paragraph (11), substitute—

“(11) In Schedule 1 (applicable amounts)—

(a) in paragraph 13(1)(a)(iii)—

(i) the words from “except” to “applies” shall be omitted, and

(ii) for “regulation 14(2) (patients)” there shall be substituted “ regulation 18(11)(e) (treatment of child care charges) ”;

(b) in paragraph 15(2)—

(i) in sub-paragraph (a)(ii) for “regulation 14(2)” there shall be substituted “ regulation 18(11)(e) ”, and

(ii) in sub-paragraph (b) for “regulation 14(2)” there shall be substituted “ regulation 18(11)(e) ”.”.

F2 (28) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(29) In paragraph (13), for the words “paragraph 8(1)(g) of Schedule 5”, substitute “ paragraph 9(1)(e) of Schedule 5 to the Council Tax Benefit Regulations 2006 ”.

(30) In paragraph (14)—

(a) for the words “Schedule 5ZA, after sub-paragraph (l)”, substitute “ Schedule 4 to the Council Tax Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 2006, after sub-paragraph (j) ”; and

(b) the inserted heads (m) and (n) shall be designated (k) and (l).

(31) In paragraph (15), for the words “Schedule 6”, substitute “ Schedule 7 to the Council Tax Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 2006 ”.

Textual Amendments

F1 Words in Sch. 2 para. 27(20) substituted (31.3.2006) by Social Security (Miscellaneous Amendments) Regulations 2006 (S.I. 2006/588), regs. 1(3), 12(a)

F2 Sch. 2 para. 27(28) revoked (31.3.2006) by Social Security (Miscellaneous Amendments) Regulations 2006 (S.I. 2006/588), regs. 1(3), 12(b)

Marginal Citations

M1 S.I. 2005/2502.