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

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5.—(1) £20 is disregarded if the claimant or, if he has a partner, his partner—

(a)is in receipt of—

(i)long-term incapacity benefit under Section 30A of the Act F1;

(ii)severe disablement allowance under section 68 of the Act F2;

(iii)attendance allowance;

(iv)disability living allowance under sections 71 to 76 of the Act F3;

(v)any mobility supplement under [F4article 20 of the Naval, Military and Air Forces Etc. (Disablement and Death) Service Pensions Order 2006] (including such a supplement by virtue of any other scheme or order) or under article 25A of the Personal Injuries (Civilians) Scheme 1983 F5; F6...

(vi)the disability element or the severe disability element of working tax credit under Schedule 2 to the Working Tax Credit Regulations F7; or

[F8(vii)main phase employment and support allowance; F9...]

[F10(viii)personal independence payment; F11...]

[F12(ix)armed forces independence payment; or]

[F13(b)is or are certified as severely sight impaired or blind by a consultant ophthalmologist; or]

(c)is, or is treated as, incapable of work in accordance with the provisions of, and regulations made under, Part 12A of the Act F14 (incapacity for work), and has been incapable, or has been treated as incapable, of work for a continuous period of not less than—

(i)in the case of a claimant who is terminally ill within the meaning of section 30B(4) of that Act F15, 196 days;

(ii)in any other case, 364 days; [F16or]

[F16(d)has, or is treated as having, limited capability for work within the meaning of section 1(4) of the Welfare Reform Act or limited capability for work-related activity within the meaning of section 2(5) of that Act and either—

(i)the assessment phase as defined in section 24(2) of the Welfare Reform Act has ended; or

(ii)regulation 7 of the Employment and Support Allowance Regulations [F17or regulation 7 of the Employment and Support Allowance Regulations 2013] (circumstances where the condition that the assessment phase has ended before entitlement to the support component F18... arises does not apply) applies.]

(2) Subject to sub-paragraph (3), £20 is disregarded if the claimant or, if he has a partner, his partner has, within a period of 8 weeks ending on the day in respect of which the claimant or his partner attains the qualifying age for state pension credit, had an award of housing benefit F19... and—

(a)£20 was disregarded in respect of earnings taken into account in that award;

(b)the person whose earnings qualified for the disregard continues in employment after the termination of that award.

(3) The disregard of £20 specified in sub-paragraph (2) applies so long as there is no break, other than a break which does not exceed 8 weeks, in a person's entitlement to housing benefit F20... or in employment following the first day in respect of which that benefit is awarded.

(4) £20 is the maximum amount which may be disregarded under this paragraph, notwithstanding that, where the claimant has a partner, both the claimant and his partner satisfy the requirements of this paragraph.

Textual Amendments

F1Section 30A was inserted by Social Security (Incapacity for Work) Act 1994 (c. 18) and amended by the Welfare Reform and Pensions Act 1999 (c. 30), section 64 and the Civil Partnership Act 2004 (c. 33), section 254 and Schedule 24, paragraph 14.

F2Saved by S.I. 2000/2958, article 4.

F3Sections 71, 72 and 73 are amended by the Welfare Reform and Pensions Act 1999 (c. 30), section 67.

F4Words in Sch. 4 para. 5(1)(a)(v) substituted (5.1.2009) by The Social Security (Miscellaneous Amendments) (No. 7) Regulations 2008 (S.I. 2008/3157), regs. 1(1), 6(8)

F5S.I. 1983/686; amended by S.I. 1983/1164 and /1540 and 1986/628, 1990/1300, 1991/708, 1992/702, 1995/445, 1997/812 and 2001/420.

F6Word in Sch. 4 para. 5(1)(a)(v) omitted (27.10.2008) by virtue of Employment and Support Allowance (Consequential Provisions) Regulations 2008 (S.I. 2008/1082), regs. 1, 40(a)

F7Schedule 2 was substituted by S.I. 2005/681.

F8Sch. 4 para. 5(1)(a)(vii) added (27.10.2008) by Employment and Support Allowance (Consequential Provisions) Regulations 2008 (S.I. 2008/1082), regs. 1, 40(b)

F9Word in Sch. 4 para. 5(1)(a)(vii) omitted (8.4.2013) by virtue of The Personal Independence Payment (Supplementary Provisions and Consequential Amendments) Regulations 2013 (S.I. 2013/388), reg. 2, Sch. para. 37(8)(a)

F10Sch. 4 para. 5(1)(a)(viii) inserted (8.4.2013) by The Personal Independence Payment (Supplementary Provisions and Consequential Amendments) Regulations 2013 (S.I. 2013/388), reg. 2, Sch. para. 37(8)(b)

F11Word in Sch. 4 para. 5(1)(a)(viii) omitted (8.4.2013) by virtue of The Armed Forces and Reserve Forces Compensation Scheme (Consequential Provisions: Subordinate Legislation) Order 2013 (S.I. 2013/591), art. 2(2), Sch. para. 35(8)(a)