The Social Security (Miscellaneous Amendments No. 5) Regulations 2017

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

7.—(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 31(11)(ba) (treatment of childcare charges: other member of the couple incapacitated)(2) for the words beginning with “claimant’s” and ending with “would be” substitute “other member of the couple would be a member of the support group or”.

(3) In regulation 54 (continuing payments where state pension credit claimed)(3)—

(a) in paragraph (1)(c)(i) omit the words beginning with “or, if” and ending with “65”;

(b) in paragraph (2)(a)(ii) omit “or the age of 65”.

(4) In regulation 55(7) (exceptions from deductions in respect of non-dependants)(4)—

(a) omit sub-paragraphs (c) and (d);

(b) in sub-paragraph (e), omit the words beginning with “and” and ending with “65”.

(5) Omit regulation 59(10)(a) (date on which change of circumstances is to have effect)(5).

(6) In regulation 69(6)(c) (duty to notify changes of circumstances)(6), after “weeks” insert “or where the absence is from Great Britain, which exceeds or is likely to exceed 4 weeks”.

(7) In the table in paragraph 1 of Schedule 3 (personal allowances)(7)—

(a) in entry (1)—

(i) omit paragraph (a) in both columns;

(ii) in paragraph (b) in column (1), for “aged 65 or over” substitute “who has attained pensionable age”;

(b) in entry (2)–

(i) omit paragraph (a) in both columns;

(ii) in paragraph (b) in column (1), for “aged 65 or over” substitute “who have attained pensionable age”;

(c) omit entry (3);

(d) in entry (4), for “are aged 65 or over” substitute “have attained pensionable age”.

(8) In paragraph 11(b) of Schedule 5 (amounts to be disregarded in the calculation of income other than earnings: annuities purchased with a loan secured on a dwelling), after “the age of 65” insert “or, if it was higher at that time, pensionable age”.

(1)

Sub-paragraph (ba) was inserted by S.I. 2008/1082 and amended by S.I. 2006/214.

(2)

Relevant amending instruments are S.I. 2008/1082, 2013/630 and 2017/204.

(3)

Relevant amending instruments is S.I. 2008/1082.

(4)

Regulation 55 was substituted by S.I. 2007/2869 and amended by S.I. 2208/2767 and S.I. 2013/665. There are other amending instruments but none is relevant.

(5)

Relevant amending instrument is S.I. 2006/2378.

(6)

Relevant amending instrument is S.I 2005/2502.

(7)

Paragraph (1) was substituted by S.I. 2014/516 and S.I. 2017/260.