Restrictions on amounts for children and young persons - consequential changes to housing benefit for persons over state pension credit age8.

(1)

The Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 200642 are amended as follows.

(2)

In regulation 22 (applicable amounts)—

(a)

for sub-paragraph (b) of paragraph (1) substitute—

“(b)

an amount determined in accordance with paragraph 2 of that Schedule in respect of up to two individuals who are either children or young persons and who are members of his family;”; and

(b)

at the end insert—

“(5A)

For the purposes of paragraph (1)(b), as it applies apart from paragraph (5C), where the family includes more than two individuals who are either children or young persons, and, under paragraph 2 of that Schedule, a different amount applies to different individuals, the two amounts to be included in the applicable amount shall be those that result in the greatest possible total amount.

(5B)

Paragraph (5C) applies where—

(a)

(whether or not as part of a tax credit couple) the claimant has an award of child tax credit in respect of a child or young person who is a member of his family, whether or not any amount is payable by way of such credit; and

(b)

the total amount to be included in the applicable amount under paragraph (1)(b) as substituted by paragraph (5C) would be higher than the total amount that would be included under paragraph (1)(b) apart from paragraph (5C).

(5C)

Where this paragraph applies, for paragraph (1)(b) substitute—

“(b)

an amount determined in accordance with paragraph 2 of that Schedule in respect of any child or young person who is a member of his family and in respect of whom the individual element of child tax credit has been included in the determination of the maximum rate of that credit;”.

(5D)

In this regulation, “tax credit couple” means a couple as defined in section 3(5A) of the Tax Credits Act 2002.”.