Amendment of the Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 20067

1

The Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 200620 are amended as follows.

2

In regulation 31(11)(ba) (treatment of childcare charges: other member of the couple incapacitated)21 for the words beginning with “claimant’s” and ending with “would be” substitute “other member of the couple would be a member of the support group or”.

3

In regulation 54 (continuing payments where state pension credit claimed)22—

a

in paragraph (1)(c)(i) omit the words beginning with “or, if” and ending with “65”;

b

in paragraph (2)(a)(ii) omit “or the age of 65”.

4

In regulation 55(7) (exceptions from deductions in respect of non-dependants)23—

a

omit sub-paragraphs (c) and (d);

b

in sub-paragraph (e), omit the words beginning with “and” and ending with “65”.

5

Omit regulation 59(10)(a) (date on which change of circumstances is to have effect)24.

6

In regulation 69(6)(c) (duty to notify changes of circumstances)25, after “weeks” insert “or where the absence is from Great Britain, which exceeds or is likely to exceed 4 weeks”.

7

In the table in paragraph 1 of Schedule 3 (personal allowances)26—

a

in entry (1)—

i

omit paragraph (a) in both columns;

ii

in paragraph (b) in column (1), for “aged 65 or over” substitute “who has attained pensionable age”;

b

in entry (2)–

i

omit paragraph (a) in both columns;

ii

in paragraph (b) in column (1), for “aged 65 or over” substitute “who have attained pensionable age”;

c

omit entry (3);

d

in entry (4), for “are aged 65 or over” substitute “have attained pensionable age”.

8

In paragraph 11(b) of Schedule 5 (amounts to be disregarded in the calculation of income other than earnings: annuities purchased with a loan secured on a dwelling), after “the age of 65” insert “or, if it was higher at that time, pensionable age”.