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

Continuing payments where state pension credit claimed

54.—(1) This regulation applies where—

(a) the claimant is entitled to housing benefit;

(b) paragraph (2) is satisfied; and

(c) either—

(i) the claimant has attained the qualifying age for state pension credit or, if his entitlement to income-based jobseeker's allowance [F1 or income-related employment and support allowance] continued beyond that age, has attained the age of 65; or

(ii) the claimant's partner has actually claimed state pension credit.

(2) This regulation is only satisfied if the Secretary of State has certified to the relevant authority that the claimant's partner has actually claimed state pension credit or that—

(a) the claimant's award of—

(i) income support has terminated because the claimant has attained the qualifying age for state pension credit; or

(ii) income-based jobseeker's allowance [F2 or income-related employment and support allowance] has terminated because the claimant has attained the qualifying age for state pension credit or the age of 65; and

(b) the claimant has claimed or is treated as having claimed or is required to make a claim for state pension credit.

(3) Subject to paragraph (4), in a case to which this regulation applies housing benefit shall continue to be paid for the period of 4 weeks beginning on the day following the day the claimant's entitlement to income support [F3 , income-related employment and support allowance] or, as the case may be, income-based jobseeker's allowance, ceased, if and for so long as the claimant otherwise satisfies the conditions for entitlement to housing benefit.

(4) Where housing benefit is paid for the period of 4 weeks in accordance with paragraph (3) above, and the last day of that period falls on a day other than the last day of a benefit week, then housing benefit shall continue to be paid until the end of the benefit week in which the last day of that period falls.

(5) Throughout the period of 4 weeks specified in paragraph (3) and any further period specified in paragraph (4)—

(a) the whole of the income and capital of the claimant shall be disregarded;

(b) subject to paragraph (6) the appropriate maximum housing benefit of the claimant shall be that which was applicable in his case immediately before that period commenced.

(6) The appropriate maximum housing benefit shall be calculated in accordance with regulation 50 if, since the date it was last calculated—

(a) the claimant's rent has increased; or

(b) a change in the deduction under regulation 55 falls to be made.

Textual Amendments

F1 Words in reg. 54(1)(c)(i) inserted (27.10.2008) by Employment and Support Allowance (Consequential Provisions) Regulations 2008 (S.I. 2008/1082), regs. 1, 36(a)

F2 Words in reg. 54(2)(a)(ii) inserted (27.10.2008) by Employment and Support Allowance (Consequential Provisions) Regulations 2008 (S.I. 2008/1082), regs. 1, 36(b)

F3 Words in reg. 54(3) inserted (27.10.2008) by Employment and Support Allowance (Consequential Provisions) Regulations 2008 (S.I. 2008/1082), regs. 1, 36(c)