PART 7Amount of benefit
Continuing payments where state pension credit claimed54
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 creditF3...; 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
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 supportF2, 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.