Amendment of the Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 200616
1
The Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 2006 are amended as follows.
2
At the end of regulation 41 (notional income) add—
11
For the purposes of paragraph (8), a person is not to be regarded as depriving himself of income where—
a
his rights to benefits under a registered pension scheme are extinguished and in consequence of this he receives a payment from the scheme, and
b
that payment is a trivial commutation lump sum within the meaning given by paragraph 7 of Schedule 29 to the Finance Act 2004.
12
In paragraph (11), ”registered pension scheme” has the meaning given in section 150(2) of the Finance Act 2004.
3
In regulation 59(11) (date on which change of circumstances is to take effect), after “the change of circumstances” insert “referred to in paragraph (10)(b)”.
4
In paragraph 17(2) of Schedule 6 (capital to be disregarded) for sub-paragraph (a) substitute—
a
by the High Court or the County Court under Rule 21.11(1) of the Civil Procedure Rules 1998, or the Court of Protection, or on behalf of a person where the payment can only be disposed of by order or direction of any such court;