The Social Security (Housing Costs and Miscellaneous Amendments) Regulations 2007

Amendment of the Income Support (General) Regulations 1987

3.—(1) The Income Support (General) Regulations 1987(1) are amended as follows.

(2) In regulation 6(5) (persons not treated as engaged in remunerative work)(2)—

(a) in sub-paragraph (c)(i), for “a loan which qualifies under paragraph 15 or 16” substitute “housing costs which qualify under paragraphs 15 to 17”;

(b) in sub-paragraph (c)(ii), for “a loan which qualifies under paragraph 14 or 15” substitute “housing costs which qualify under paragraphs 14 to 16”;

(c) in sub-paragraph (d), for “on such a loan” substitute “in respect of such housing costs”.

(3) In Schedule 3 (housing costs)(3)—

(a) in paragraph 1A (previous entitlement to income-based jobseeker’s allowance)(4)—

(i) for the heading, substitute “Previous entitlement to income-based jobseeker’s allowance or state pension credit”;

(ii) in sub-paragraph (1)(a), for “paragraph 14 or 15” substitute “paragraphs 14 to 16”;

(iii) after sub-paragraph (1), insert—

“(1A) Where a claimant or his partner was in receipt of state pension credit not more than 12 weeks before one of them becomes entitled to income support or, where the claimant or his partner is a person to whom paragraph 14(2) or (8) (linking rules) refers, not more than 26 weeks before becoming so entitled, and—

(a) the appropriate minimum guarantee included an amount in respect of housing costs under paragraphs 11 to 13 of Schedule II to the State Pension Credit Regulations 2002; and

(b) the circumstances affecting the calculation of those housing costs remain unchanged since the last calculation of those costs,

the applicable amount in respect of housing costs for income support shall be the amount applicable in respect of those costs current when entitlement to state pension credit was last determined.”;

(iv) in sub-paragraph (2), after “jobseeker’s allowance” insert “or (as the case may be) state pension credit”.

(b) in paragraph 4 (housing costs not met) after sub-paragraph (4A)(5), insert—

“(4B) A person treated by virtue of paragraph 14 as being in receipt of income support for the purposes of this Schedule is not to be treated as entitled to income support for the purposes of sub-paragraph (4).”;

(c) in paragraph 12 (the standard rate)(6)—

(i) in sub-paragraph (2), for “sub-paragraphs (3), (4) and (6)” substitute “sub-paragraph (3)”;

(ii) omit sub-paragraphs (4) to (6).

(1)

S.I. 1987/1967.

(2)

Paragraph (5) was inserted by S.I. 2001/488.

(3)

Schedule 3 was substituted by S.I. 1995/1613.

(4)

Paragraph 1A was inserted by S.I. 1997/2305.

(5)

Sub-paragraph (4A) was inserted by S.I. 1997/3263.

(6)

Paragraph 12 was substituted by S.I. 2004/2825.