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Statutory Instruments

2003 No. 2275

SOCIAL SECURITY

The Housing Benefit and Council Tax Benefit (State Pension Credit and Miscellaneous Amendments) Regulations 2003

Made

7th September 2003

Laid before Parliament

12th September 2003

Coming into force

for the purposes of regulation 2

5th October 2003

for all other purposes

6th October 2003

M1,M2 The Secretary of State for Work and Pensions, in exercise of the powers conferred upon him by the provisions specified in the Schedule to these Regulations and of all other powers enabling him in that behalf, after consultation with organisations appearing to him to be representative of the authorities concerned and after agreement by the Social Security Advisory Committee that proposals in respect of these Regulations should not be referred to it , hereby makes the following Regulations:

Citation, commencement and interpretation

1. —(1) These Regulations may be cited as the Housing Benefit and Council Tax Benefit (State Pension Credit and Miscellaneous Amendments) Regulations 2003 and shall come into force—

(a) for the purposes of regulation 2, on 5th October 2003; and

(b) for all other purposes, on 6th October 2003.

(2) In these Regulations—

F1 ...

M3 “ the Decisions and Appeals Regulations ” means the Housing Benefit and Council Tax Benefit (Decisions and Appeals) Regulations 2001 ;

F1 ...

F1 ...

Amendment of the State Pension Credit Regulations

F2 2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Amendment of the Housing Benefit Regulations

3. [F2—(1) The Housing Benefit Regulations shall be amended in accordance with the following provisions of this regulation.

(2) In regulation 4(5) (remunerative work), after the words “income support”, insert “ , state pension credit ” .

(3) In regulation 63(7) M4 after sub-paragraph (d), insert the following sub-paragraph—

“ (dd) he is a full-time student and the claimant or his partner has attained the age of 65; or ” . F2]

Amendment of the Council Tax Benefit Regulations

4. [F3—(1) The Council Tax Benefit Regulations shall be amended in accordance with the following provisions of this regulation.

(2) In regulation 4(5) (remunerative work), after the words “income support” insert “, state pension credit ” .

(3) In regulation 52(8), after sub-paragraph (b); insert—

“ (c) who is on state pension credit and would not be treated as being in remunerative work, if they were not in receipt of that benefit ” . F3]

Amendment of the Decisions and Appeals Regulations

5. —(1) The Decisions and Appeals Regulations shall be amended in accordance with the following paragraphs.

(2) In regulation 1(2) (interpretation)—

(a) after the definition of “the Act” insert—

“ “ the 1998 Act ” means the Social Security Act 1998 M5 ; ” ;

(b) after the definition of “Decisions and Appeals Regulations 1999” insert—

“ “ family ” has the same meaning as in section 137 of the Social Security Contributions and Benefits Act 1992 M6 ; ” .

M7 (3) In regulation 4 (revision of decisions) after paragraph (7A) insert—

“ (7B) Where—

(a) the relevant authority makes an original decision awarding housing benefit or council tax benefit to a claimant; and

(b) entitlement to a relevant benefit within the meaning of section 8(3) of the 1998 Act or to an increase in the rate of that relevant benefit is awarded to the claimant or a member of his family for a period which includes the date on which the original decision took effect,

the relevant authority may revise or further revise that original decision at any time.

(7C) Where entitlement to housing benefit or council tax benefit has ceased (“decision A”) because entitlement to a relevant benefit within the meaning of section 8(3) of the 1998 Act has ceased (“decision B”), decision A may be revised at any time if the entitlement to the relevant benefit to which decision B applies has been reinstated in consequence of a decision made under [F4 section 9 or 10 of the 1998 Act or on an appeal under section 12 of that Act ” F4] .

M8 (4) In regulation 7(2) (decisions superseding earlier decisions) after sub-paragraph (h) add—

“ (i) where—

(i) the claimant has been awarded entitlement to housing benefit or council tax benefit; and

(ii) subsequent to the first day of the period to which that entitlement relates, the claimant or a member of his family becomes entitled to an award of a relevant benefit within the meaning of section 8(3) of the 1998 Act or an increase in the rate of that relevant benefit. ” .

M9 (5) In regulation 8 (date from which a decision superseding an earlier decision takes effect) after paragraph (13) add—

“ (14) Where the decision is superseded in accordance with regulation 7(2)(i) the superseding decision shall take effect from the date on which entitlement arises to the relevant benefit referred to in regulation 7(2)(i)(ii) or to an increase in the rate of that relevant benefit. ”

Andrew Smith

Secretary of State,

Department for Work and Pensions

7th September 2003

SCHEDULE PROVISIONS CONFERRING POWERS EXERCISED IN MAKING THESE REGULATIONS

Short title Provision Relevant amendments
Social Security Contributions and Benefits Act 1992
Section 123(1)(d) and (e) M10 Local Government Finance Act 1992 , Schedule 9, paragraph 1(1)

Section 130(4)

Section 131(10)(a)

Section 135(1), (5) and (6) M11 Tax Credits Act 2002 , Schedule 6
Section 136(3), (4) and (5)(b)
Section 136A M12 State Pension Credit Act 2002 , Schedule 2, paragraph 3
M13 Section 137(1) and (2)(c), (d) and (k) M14 Jobseekers Act 1995 , Schedule 2, paragraph 35(3)
Section 175(1), (3) and (4) M15 Social Security Contributions (Transfer of Functions, etc. ) Act 1999 , Schedule 3, paragraphs 29(1), (2) and (4)
Social Security Administration Act 1992

M16 Section 5(1)(b)

Section 6(1)(b)

Local Government Finance Act 1992, Schedule 9, paragraph 12(1)(a)
Section 189(1) and (4) Social Security Act 1998, Schedule 7, paragraph 109(a) and (c), and Schedule 8
Social Security Act 1998

Section 34(2)

Section 79(1) and (4)

Section 84

M17 Child Support, Pensions and Social Security Act 2000 M18,M19 Paragraphs 3(1), 4(4) and (6), 20(1) and (3) and 23(1) of Schedule 7
Status: There are currently no known outstanding effects for the The Housing Benefit and Council Tax Benefit (State Pension Credit and Miscellaneous Amendments) Regulations 2003.
The Housing Benefit and Council Tax Benefit (State Pension Credit and Miscellaneous Amendments) Regulations 2003 (2003/2275)
Version from: 6 March 2006

Displaying information

Status of this instrument

in force Provision is in force
in force* In force only for specified purposes (see footnote)
not in force Not in force in England (may be in force in other geographies, see footnotes)
defined term Defined term
dfn Defined term (alternative style)
footnote commentary transitional and savings in force status related provisions geo extent insert/omit source count in force adj
F1 Words in reg. 1(2) revoked (6.3.2006) by The Housing Benefit and Council Tax Benefit (Consequential Provisions) Regulations 2006 (S.I. 2006/217) , reg. 1(1) , Sch. 1 (with regs. 2 , 3 , Sch. 3 , 4 ) this amendment (text ) should be read in conjunction with other related provisions, see the commentary.
F2 Regs. 2, 3 revoked (6.3.2006) by The Housing Benefit and Council Tax Benefit (Consequential Provisions) Regulations 2006 (S.I. 2006/217) , reg. 1(1) , Sch. 1 (with regs. 2 , 3 , Sch. 3 , 4 ) this amendment (text ) should be read in conjunction with other related provisions, see the commentary.
F2 Regs. 2, 3 revoked (6.3.2006) by The Housing Benefit and Council Tax Benefit (Consequential Provisions) Regulations 2006 (S.I. 2006/217) , reg. 1(1) , Sch. 1 (with regs. 2 , 3 , Sch. 3 , 4 ) this amendment (text ) should be read in conjunction with other related provisions, see the commentary.
F3 Reg. 4 revoked (6.3.2006) by The Housing Benefit and Council Tax Benefit (Consequential Provisions) Regulations 2006 (S.I. 2006/217) , reg. 1(1) , Sch. 1 (with regs. 2 , 3 , Sch. 3 , 4 ) this amendment (text ) should be read in conjunction with other related provisions, see the commentary.
F4 Words in reg. 5(3) inserted (5.10.2003) by The Housing Benefit and Council Tax Benefit (State Pension Credit and Miscellaneous Amendments) (Amendment) Regulations 2003 (S.I. 2003/2526) , regs. 1 , 2 inserted
M1 See section 176(1) of the Social Security Administration Act 1992 (c. 5) .
M2 See sections 170 and 173(1)(b) of the Social Security Administration Act 1992.
M3 S.I. 2001/1002 .
M4 Regulation 63(7) was amended by S.I. 1990/546 , 1991/387, 1992/50 and 1998/563.
M5 1998 c. 14 .
M6 1992 c. 4 .
M7 Paragraph (7A) was inserted by S.I. 2002/490 .
M8 Sub-paragraph (h) was inserted by S.I. 2002/490 .
M9 Paragraph (13) was inserted by S.I. 2003/1338 .
M10 1992 c. 14 .
M11 2002 c. 21 .
M12 2002 c. 16 .
M13 Section 137(1) is cited for the meaning of the word “prescribed”.
M14 1995 c. 18 .
M15 1999 c. 2 .
M16 1992 c. 5 .
M17 Section 84 is cited for the meaning of the word “prescribed”.
M18 2000 c. 19 .
M19 Paragraph 23(1) is cited for the meaning of the word “prescribed”.
Defined Term Section/Article ID Scope of Application
the Decisions and Appeals Regulations reg. 1. def_40824e3bcf

Status of changes to instrument text

The list includes made instruments, both those in force and those yet to come into force. Typically, instruments that are not yet in force (hence their changes are not incorporated into the text above) are indicated by description 'not yet' in the changes made column.

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