Amendment of the Social Security and Child Support (Decisions and Appeals) Regulations 19992

In the Social Security and Child Support (Decisions and Appeals) Regulations 19995, in regulation 7 (date from which a decision superseded under section 10 takes effect)—

a

for paragraphs (17B) and (17C)6 substitute—

17B

Paragraph (17C) applies where—

a

a claimant is awarded state pension credit;

b

the claimant or his partner is aged 65 or over;

c

his appropriate minimum guarantee (as defined by the State Pension Credit Act) includes housing costs determined in accordance with Schedule II to the State Pension Credit Regulations; and

d

after the date from which sub-paragraph (c) applies—

i

a non-dependant (as defined in that Schedule) begins to reside with the claimant; or

ii

a non-dependant’s income increases and this affects the applicable amount of the claimant’s housing costs.

17C

In the circumstances specified in paragraph (17B) a decision made under section 10 shall take effect—

a

where there is more than one change of the kind specified in paragraph (17B)(d) in respect of the same non-dependant within the same 26 week period, 26 weeks after the date on which the first such change occurred; and

b

in any other circumstances, 26 weeks after the date on which a change specified in paragraph (17B)(d) occurred.

b

in paragraph (23)7 omit “, (17B)”.