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

This section has no associated Explanatory Memorandum

12.—(1) Any payment, other than a payment to which sub-paragraph (2) applies, made to the claimant by Trustees in exercise of a discretion exercisable by them.

(2) This sub-paragraph applies to payments made to the claimant by Trustees in exercise of a discretion exercisable by them for the purpose of—

(a)obtaining food, ordinary clothing or footwear or household fuel;

(b)the payment of rent, council tax or water charges for which that claimant or his partner is liable;

(c)meeting housing costs of a kind specified in Schedule 2 to the State Pension Credit Regulations 2002 F1.

(3) In a case to which sub-paragraph (2) applies, £20 or—

(a)if the payment is less than £20, the whole payment;

(b)if, in the claimant's case, £10 is disregarded in accordance with paragraph 1(a) to (g), £10 or the whole payment if it is less than £10; or

(c)if, in the claimant's case, £15 is disregarded under paragraph 7 or paragraph 8 and—

(i)he has no disregard under paragraph 1(a) to (g), £5 or the whole payment if it is less than £5;

(ii)he has a disregard under paragraph 1(a) to (g), nil.

(4) For the purposes of this paragraph—

“[F2ordinary clothing or footwear]” means clothing or footwear for normal daily use, but does not include school uniforms, or clothing and footwear used solely for sporting activities; and

“rent” means eligible rent for the purposes of these Regulations less any deductions in respect of non-dependants which fall to be made under regulation 55 (non-dependant deductions).

Textual Amendments

F1S.I. 2002/1792; the relevant amending instruments are S.I. 2002/3019, and 2002/3197 and S.I. 2003/1195 and 2003/2274, 2004/2327 and 2000/2825 and 2005/522.