Amendment of the Social Security and Child Support (Decisions and Appeals) Regulations 1999

2.  In the Social Security and Child Support (Decisions and Appeals) Regulations 1999(1), in regulation 7 (date from which a decision superseded under section 10 takes effect)—

(a) for paragraphs (17B) and (17C)(2) 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.”; and

(b) in paragraph (23)(3) omit “, (17B)”.

(1)

S.I. 1999/991.

(2)

Paragraphs (17B) and (17C) were inserted by S.I. 2002/3197.

(3)

Paragraph (23) was substituted by S.I. 2002/3197.