The Housing Benefit and Council Tax Benefit (State Pension Credit and Miscellaneous Amendments) Regulations 2004

Amendment of the Housing Benefit (General) Regulations 1987

3.  In regulation 68B of the Housing Benefit (General) Regulations 1987(1) (change of circumstances where state pension credit payable), after paragraph (7) insert—

“(7A) Where the change of circumstances is an amendment of these Regulations as they apply to persons to whom regulation 2 of the Housing Benefit and Council Tax Benefit (State Pension Credit) Regulations 2003 (housing benefit regulations) applies, that change, subject to regulation 69(7) (calculation of weekly amounts), shall take effect as follows—

(a) where the amendment is made by an order under section 150 of the Social Security Administration Act 1992(2) (annual up-rating of benefits)—

(i) in a case in which the claimant’s weekly amount of eligible rent falls to be calculated in accordance with regulation 69(2)(b), from 1st April;

(ii) in any other case, from the first Monday in April, in the year in which that order comes into force;

(b) in respect of any other amendment, from the date on which the amendment of these Regulations comes into force in the particular case,

and references in this paragraph to these Regulations are to these Regulations as modified in their application to those persons.”.

(1)

S.I. 1987/1971. Regulation 68B was inserted into these Regulations by S.I. 2003/325. The relevant amending instrument is S.I. 2003/2275.

(2)

1992 c. 5.