The Social Security (Housing Costs Special Arrangements) (Amendment and Modification) Regulations 2008

Application and interpretation

8.—(1) This Part applies in relation to a person who—

(a) claims a relevant benefit after 4th January 2009; and

(b) falls within any of paragraphs (2) to (4).

(2) A claimant falls within this paragraph if Part 2 applied to him at any time.

(3) A claimant falls within this paragraph if he or she—

(a) is entitled to a relevant benefit; or

(b) was previously entitled to a relevant benefit at any time after 4th January 2009; and

(c) in either case the entitlement is not or was not immediately preceded by a linked period.

(4) A claimant falls within this paragraph if—

(a) the claimant or his or her partner or, if the claimant is a member of a joint-claim couple, the other member of the couple, was in receipt of state pension credit;

(b) the claimant—

(i) is entitled to a relevant benefit; or

(ii) was previously entitled to a relevant benefit at any time after 4th January 2009; and

(c) none of the following provisions apply or applied in relation to the entitlement referred to in sub-paragraph (b)(i) or (ii).

(5) The provisions are—

(a) paragraph 3(2) (previous entitlement to other income-related benefits) of Schedule 6 to the Employment and Support Allowance Regulations;

(b) paragraph 1A(1A) (previous entitlement to income-based jobseeker’s allowance, income-related employment and support allowance or state pension credit)(1) of Schedule 3 to the Income Support Regulations;

(c) paragraph 1A(1ZA) or (1B) (previous entitlement to income support, income-related employment and support allowance or state pension credit)(2) of Schedule 2 to the Jobseeker’s Allowance Regulations.

(6) In this Part—

“joint-claim couple” has the meaning given in section 1(4) of the Jobseekers Act 1995;

“linked period” means a period in respect of which the claimant was required to be treated as being in receipt of a relevant benefit under the provisions of—

(a)

paragraph 15 (linking rule) of Schedule 6 to the Employment and Support Allowance Regulations;

(b)

paragraph 14 (linking rule) of Schedule 3 to the Income Support Regulations; or (as the case maybe)

(c)

paragraph 13 (linking rule) of Schedule 2 to the Jobseeker’s Allowance Regulations.

(1)

Paragraph 1A was inserted by S.I. 1997/2305 and was amended by S.Is.2007/3183, 2008/1554.

(2)

Paragraph 1A was inserted by S.I. 1997/2305 and was amended by S.Is. 2007/3183, 2008/1554.