The Social Security (Miscellaneous Amendments) (No. 3) Regulations 2013

Amendments to the Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 2006

12.—(1) The Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 2006(1) are amended as follows.

(2) In regulation 2(1) (interpretation)—

(a) in the definition of “attendance allowance” omit paragraphs (c) and (d); and

(b) in the definition of “enactment” after “Parliament” insert “or the National Assembly for Wales”.

(3) In regulation 10 (persons from abroad)—

(a) for paragraph (4A)(h) substitute—

“(h) a person who has been granted leave or who is deemed to have been granted leave outside the rules made under section 3(2) of the Immigration Act 1971 where that leave is—

(i) discretionary leave to enter or remain in the United Kingdom;

(ii) leave to remain under the Destitution Domestic Violence concession(2); or

(iii) leave deemed to have been granted by virtue of regulation 3 of the Displaced Persons (Temporary Protection) Regulations 2005(3);”;

(b) at the end of paragraph (4A)(i) add “or”; and

(c) omit paragraphs (4A)(j) and (jj) and (5).

(4) In regulation 68 (amendment and withdrawal of claim)—

(a) for paragraph (1) substitute—

“(1) A person who has made a claim for benefit may amend it at any time before a determination has been made on the claim by notice in writing received at the designated office, by telephone call to a telephone number specified by the relevant authority under regulation 64(5A) (time and manner in which claims are to be made) or by the Secretary of State under regulation 64(5B) or in such other manner as the relevant authority or the Secretary of State may decide or accept.”;

(b) omit paragraph (2); and

(c) in paragraph (3) omit “or (2)”.

(5) In paragraph 3(2) of Schedule 4 (sums disregarded from claimant’s earnings) for paragraphs (a) and (b) substitute—

“(a) a part-time fire-fighter employed by a fire and rescue authority under the Fire and Rescue Services Act 2004 or by the Scottish Fire and Rescue Service established under section 1A of the Fire (Scotland) Act 2005;”.

(6) In paragraph 22(2) of Schedule 6 (capital to be disregarded) after paragraph (e) insert—

“(f) paragraph 18 of Schedule 10 to the Universal Credit Regulations 2013,”.

(1)

S.I. 2006/214; the relevant amending instruments are S.I. 2006/1026 and 2528, 2008/1042, 1082 and 2299 and 2009/362 and 2655. Paragraph 3 of Schedule 4 to the Regulations is also modified by S.I. 2013/602.

(2)

The Destitution Domestic Violence concession is published by the Home Office at: http://www.ukba.homeoffice.gov.uk/.

(3)

S.I. 2005/1379, amended by S.I. 2013/630; there are other amending instruments but none is relevant.