The Housing Benefit and Council Tax Benefit (State Pension Credit) Regulations 2003

Notification of change of circumstances E+W+S

24.—(1) In regulation 75 of the Housing Benefit Regulations (duty to notify change of circumstances)—

(a) in paragraph (1), for the words “(2) and (4)”, substitute “(2), (4) to (6)”;

(b) after paragraph (4)(1), add—

“(5) A person on housing benefit who is also on state pension credit must report—

(a) changes to his tenancy, but not changes in the amount of rent payable to a housing authority;

(b) changes affecting the residence or income of any non-dependant normally residing with the claimant or with whom the claimant normally resides;

(c) any absence from the dwelling which exceeds or is likely to exceed 13 weeks.

(6) In addition to the changes required to be reported under paragraph (5), a person whose state pension credit comprises only a savings credit must also report—

(a) changes affecting a child living with him which may result in a change in the amount of housing benefit payable in his case, but not changes in the age of the child;

(b) changes affecting child tax credit F1 ... or child benefit;

(c) any change in the amount of the claimant’s capital to be taken into account which does or may take the amount of his capital to more than £16,000;

(d) any change in the income or capital of—

(i) a non-dependant whose income and capital are treated as belonging to the claimant in accordance with regulation 20 (circumstances in which income of a non-dependant is to be treated as claimant's); or

(ii) a person to whom regulation 23(4)(d) refers,

and whether such a person or, as the case may be, non-dependant stops living or begins or resumes living with the claimant.

(7) A person who is on housing benefit and on state pension credit need only report to the designated office the changes specified in paragraphs (5) and (6).”.

(2) In regulation 65 of the Council Tax Benefit Regulations (duty to notify change of circumstances)—

(a) in paragraph (1), for the words “(2), (4) and (5)”, substitute “(2), (4) to (7)”;

(b) after paragraph (5)(2), add—

“(6) A person entitled to council tax benefit who is also on state pension credit must report—

(a) changes affecting the residence or income of any non-dependant normally residing with the claimant or with whom the claimant normally resides;

(b) any absence from the dwelling which exceeds or is likely to exceed 13 weeks.

(7) In addition to the changes required to be reported under paragraph (6), a person whose state pension credit comprises only a savings credit must also report—

(a) changes affecting a child living with him which may result in a change in the amount of council tax benefit allowed in his case, but not changes in the age of the child;

(b) changes affecting child tax credit F2 ... or child benefit;

(c) any change in the amount of the claimant’s capital to be taken into account which does or may take the amount of his capital to more than £16,000;

(d) any change in the income or capital of—

(i) a non-dependant whose income and capital are treated as belonging to the claimant in accordance with regulation 12 (circumstances in which income of a non-dependant is to be treated as claimant's); or

(ii) a person to whom regulation 15(4)(d) refers,

and whether such a person or, as the case may be, non-dependant stops living or begins or resumes living with the claimant.

(8) A person who is entitled to council tax benefit and on state pension credit need only report to the designated office the changes specified in paragraphs (6) and (7).”.

Textual Amendments

F1 Words in reg. 24(1)(b) omitted (5.10.2003) by virtue of The Housing Benefit and Council Tax Benefit (State Pension Credit and Miscellaneous Amendments) Regulations 2003 (S.I. 2003/2275), regs. 1(1)(a), 2(14)(a)

F2 Words in reg. 24(2)(b) omitted (5.10.2003) by virtue of The Housing Benefit and Council Tax Benefit (State Pension Credit and Miscellaneous Amendments) Regulations 2003 (S.I. 2003/2275), regs. 1(1)(a), 2(14)(b)

Commencement Information

I1 Reg. 24 in force at 6.10.2003, see reg. 1(1)(b)

(1)

Inserted by S.I. 1999/3108.

(2)

Inserted by S.I. 1999/3108.