The Social Security (Miscellaneous Amendments) (No.4) Regulations 2008

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations amend the Social Security (Claims and Payments) Regulations 1987, (“the 1987 Regulations”), the State Pension Credit Regulations 2002 (“the State Pension Credit Regulations”), the Housing Benefit Regulations 2006, the Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 2006, the Council Tax Benefit Regulations 2006 and the Council Tax Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 2006.

Regulation 2 amends regulation 19 of, and Schedule 4 to, the 1987 Regulations. Regulation 2(2) adds state pension credit to the list of benefits set out in regulation 19(3) of those Regulations so that the time for claiming it is prescribed as 3 months beginning with any day on which, apart from satisfying the condition of making the claim, the claimant is entitled to the benefit concerned. Regulation 2(3) omits state pension credit from Schedule 4 to the 1987 Regulations.

Regulation 3 amends the State Pension Credit Regulations so that the period in which entitlement to state pension credit continues during a period of temporary absence abroad is increased to 13 weeks in all cases and makes consequential amendments to regulation 5 and Schedule 3 to those regulations.

Regulation 4 amends the Housing Benefit Regulations 2006. Regulation 4(2) amends regulation 83(12)(b) of those Regulations so as to enable a claim for housing benefit to be backdated for 6 months.

Regulation 5 amends the Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 2006. Regulation 5(2) amends the time for claiming housing benefit from 12 months to 3 months. Regulation 5(3) has the effect of limiting the period for which backdated claims to housing benefit may be made to 3 months beginning with the date of the backdated claim.

Regulation 6 amends the Council Tax Benefit Regulations 2006. Regulation 6(2) amends regulation 69(14)(b) of those Regulations by substituting the words “the day 6 months” for “the day 52 weeks”. The amendment enables a claim for council tax benefit to be backdated for 6 months instead of 52 weeks.

Regulation 7 amends the Council Tax Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 2006. Regulation 7(2) has the effect of limiting the period for which backdated claims to council tax benefit may be made to 3 months beginning with the date of the backdated claim. Regulation 7(3) amends the time for claiming council tax benefit from 12 months to 3 months.

A full impact assessment has not been published for this instrument as no impact on private or voluntary sectors is foreseen.