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

ii

income-based jobseeker's allowance F1or income-related employment and support allowance has terminated because the claimant has attained the qualifying age for state pension creditF4...; 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 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.