http://www.legislation.gov.uk/id/uksi/2006/214

http://www.legislation.gov.uk/uksi/2006/214/part/10/2008-04-01

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

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Statute Law Database

SOCIAL SECURITY

2024-10-17

Expert Participation

2008-04-01

These Regulations consolidate existing provisions relating to housing benefit for claimants who have attained the qualifying age for state pension credit. In the case of a woman that age is pensionable age and in the case of a man it is the age which is pensionable age in the case of a woman born on the same day as the man (section 1(6) of the State Pension Credit Act 2002). These Regulations do not however apply if either the claimant or the claimants partner in receipt of income support or an income-based jobseeker's allowance, notwithstanding that the claimant has attained the qualifying age for state pension credit. Provisions relating to those claimants and others who have not attained the qualifying age for state pension credit are contained in the Housing Benefit Regulations 2006.

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

reg. 31(11)(d)

(iia)

The Social Security (Scotland) Act 2018 (Disability Assistance) (Consequential Amendments) Order 2024

art. 12(3)(a)

art. 1(1)

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

reg. 31(11)(ea)

The Social Security (Scotland) Act 2018 (Disability Assistance) (Consequential Amendments) Order 2024

art. 12(3)(b)

art. 1(1)

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

reg. 55(6)(b)

(ia)

The Social Security (Scotland) Act 2018 (Disability Assistance) (Consequential Amendments) Order 2024

art. 12(4)(a)

art. 1(1)

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

Sch. 3

para. 5(2)(aa)

The Social Security (Scotland) Act 2018 (Disability Assistance) (Consequential Amendments) Order 2024

art. 12(5)(a)

art. 1(1)

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

Sch. 3

para. 6(7)(e)

The Social Security (Scotland) Act 2018 (Disability Assistance) (Consequential Amendments) Order 2024

art. 12(5)(b)(ii)

art. 1(1)

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

Sch. 4

para. 5(1)(a)

(iiia)

The Social Security (Scotland) Act 2018 (Disability Assistance) (Consequential Amendments) Order 2024

art. 12(6)

art. 1(1)

PART 10Decisions on questions

Decisions by a relevant authority70

1

Unless provided otherwise by these Regulations, any matter required to be determined under these Regulations shall be determined in the first instance by the relevant authority.

2

The relevant authority shall make a decision on each claim within 14 days of the provisions of regulations 64 and 67 (time and manner in which claims are to be made and evidence and information) being satisfied or as soon as reasonably practicable thereafter.

3

Without prejudice to the generality of the foregoing provisions of this regulation, in a case where a person—

a

made the notification specified in paragraph 2 of Schedule 7 to the Housing Benefit Regulations 2006 within 14 days from the day immediately after the day on which his entitlement to income support or an income-based jobseeker's allowance ceased (“the appropriate day”) and is treated as having claimed an extended payment under regulation 72(2) of those Regulations; and

b

has made a claim, which meets the requirements of regulation 64(2), (7) and (10), within 14 days of the appropriate day,

the relevant authority shall give priority to that claim over other claims which do not fall within the provisions of this paragraph.

Notification of decision71

1

An authority shall notify in writing any person affected by a decision made by it under these Regulations—

a

in the case of a decision on a claim, forthwith or as soon as reasonably practicable thereafter;

b

in any other case, within 14 days of that decision or as soon as reasonably practicable thereafter,

and every notification shall include a statement as to the matters set out in Schedule 8.

2

A person affected to whom an authority sends or delivers a notification of decision may, by notice in writing signed by him, request the authority to provide a written statement setting out the reasons for its decision on any matter set out in the notice.

3

For the purposes of paragraph (2), where a person affected who requests a written statement is not a natural person, the notice in writing referred to in that paragraph shall be signed by a person over the age of 18 who is authorised to act on that person's behalf.

4

The written statement referred to in paragraph (2) shall be sent to the person requesting it within 14 days or as soon as is reasonably practical thereafter.