The Social Security (Housing Benefit, Council Tax Benefit, State Pension Credit and Miscellaneous Amendments) Regulations 2004

Made: 7th September 2004

Laid before Parliament: 13th September 2004

Coming into force

The Secretary of State for Work and Pensions, in exercise of the powers conferred upon him by sections 123(1)(a), (d) and (e), 130(4), 131(10)(a), 135(1), 136(1) and (3) to (5), 136A(3) and (4)(a), 137(1) and (2)(c), (d) and (h) and 175(1) and (3) of the Social Security Contributions and Benefits Act 1992 , sections 5(1)(h), 189(1), (4) and (6) and 191 of the Social Security Administration Act 1992 , sections 4(5) and 35(1) of the Jobseekers Act 1995 , sections 10(6), 79(1) and 84 of the Social Security Act 1998 , paragraphs 4(6), 20(1)(b) and 23(1) of Schedule 7 to the Child Support, Pensions and Social Security Act 2000 and sections 2(3)(b), 15(1)(j) and (6)(b), 16(2)(a) and 17(1) of the State Pension Credit Act 2002 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 Social Security (Housing Benefit, Council Tax Benefit, State Pension Credit and Miscellaneous Amendments) Regulations 2004 and shall come into force—

• (a) for the purposes of this regulation and regulations ... 7(1) to (4) and (6), on 4th October 2004;

• (b) for the purposes of regulation 8, on 6th October 2004;

• (c) for all other purposes, on 4th April 2005.

• (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Amendment of the Housing Benefit Regulations

2

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Amendment of the Council Tax Benefit Regulations

3

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Amendment of Social Security and Child Support (Decisions and Appeals) Regulations 1999

4

In regulation 7(17B)(d)(ii) of the Social Security and Child Support (Decisions and Appeals) Regulations 1999 (date from which a decision superseded under section 10 takes effect) for “a non-dependant’s income increases and this affects” substitute “ there has been a change of circumstances in respect of a non-dependant and this reduces ”.

Amendment of the Income Support (General) Regulations 1987

5

In Schedule 3 to the Income Support (General) Regulations 1987 (housing costs)—

• (a) in paragraph 3(11)(c), for head (i) substitute—

(i) detained in custody on remand pending trial or, as a condition of bail, required to reside— (aa) in a dwelling, other than the dwelling he occupies as his home; or (bb) in premises approved under section 9 of the Criminal Justice and Court Services Act 2000, or, detained pending sentence upon conviction, or

• (b) in paragraph 18—

• (i) in sub-paragraph (1), for paragraphs (a) to (c) substitute—

(a) in respect of a non-dependant aged 18 or over who is engaged in any remunerative work, £47.75; (b) in respect of a non-dependant aged 18 or over to whom paragraph (a) does not apply, £7.40.

• (ii) in sub-paragraph (7)—

• (aa) at the end of paragraph (g), insert “ or ”;

• (bb) after paragraph (g), add—

(h) if he is in receipt of state pension credit.

Amendment of the Jobseeker’s Allowance Regulations 1996

6

In Schedule 2 to the Jobseeker’s Allowance Regulations 1996 (housing costs)—

• (a) in paragraph 3(11)(c), for head (i) substitute—

(i) required, as a condition of bail, to reside— (aa) in a dwelling, other than the dwelling he occupies as his home; or (bb) in premises approved under section 9 of the Criminal Justice and Court Services Act 2000, or

• (b) in paragraph 17—

• (i) in sub-paragraph (1), for paragraphs (a) to (c) substitute—

(a) in respect of a non-dependant aged 18 or over who is engaged in any remunerative work, £47.75; (b) in respect of a non-dependant aged 18 or over to whom paragraph (a) does not apply, £7.40.

• (ii) in sub-paragraph (7)—

• (aa) at the end of paragraph (g), insert “ or ”;

• (bb) after paragraph (g), add—

(h) if he is in receipt of state pension credit.

Amendment of the State Pension Credit Regulations 2002

7

• (1) The State Pension Credit Regulations 2002 shall be amended in accordance with the following provisions of this regulation.

• (2) In regulation 1(2) (interpretation), after the definition of “Eileen Trust” insert—

“equity release scheme” means a loan— (a) made between a person (“the lender”) and the claimant; (b) by means of which a sum of money is advanced by the lender to the claimant by way of payments at regular intervals; and (c) which is secured on a dwelling in which the claimant owns an estate or interest and which he occupies as his home;

• (3) At the end of regulation 15(5) (income for the purposes of the Act), add—

(j) any payment made at regular intervals under an equity release scheme.

• (4) At the end of regulation 16 (retirement pension income), add—

(m) any payment made at regular intervals under an equity release scheme.

• (5) In Schedule II (housing costs)—

• (a) in paragraph 4(11)(c), for head (i) substitute—

(i) detained in custody on remand pending trial or, as a condition of bail, required to reside— (aa) in a dwelling, other than the dwelling he occupies as his home; or (bb) in premises approved under section 9 of the Criminal Justice and Court Services Act 2000, or, detained pending sentence upon conviction; or

• (b) in paragraph 14—

• (i) in sub-paragraph (1), for paragraphs (a) to (c) substitute—

(a) in respect of a non-dependant aged 18 or over who is engaged in any remunerative work, £47.75; (b) in respect of a non-dependant aged 18 or over to whom paragraph (a) does not apply, £7.40.

• (ii) in sub-paragraph (7)—

• (aa) at the end of paragraph (e), insert “ or ”;

• (bb) after paragraph (e), add—

(f) if he is in receipt of state pension credit.

• (6) In paragraph 4(a) of Schedule V (capital disregarded for the purpose of calculating income) for the words from “partner” to “claimant” substitute “ person who is a close relative, grandparent, grandchild, uncle, aunt, nephew or niece of the claimant or of his partner ”.

Amendment of the Social Security (Claims and Payments) Regulations 1987

8

In regulation 4F of the Social Security (Claims and Payments) Regulations 1987 (making a claim after attaining the qualifying age: date of claim), in paragraph (3)—

• (a) for “claimant”, the first time it appears, substitute “ person wishing to make a claim ”; and

• (b) in sub-paragraph (a), after “informs” insert “ (by whatever means) ”.

Signed

Signed by the authority of the Secretary of State for Work and Pensions.

Chris Pond — Parliamentary Under Secretary of State, — Department for Work and Pensions — 2004-09-07

Explanatory note

(This note is not part of the Regulations)

Footnotes

[^f00001]: 1992 c. 4. Section 136A was inserted by Schedule 2, paragraph 3 of the State Pension Credit Act 2002 (c. 16). Section 137(1) is cited for the meaning ascribed to the word “prescribed”.

[^f00002]: 1992 c. 5. Section 191 is cited for the meaning ascribed to the word “prescribed”.

[^f00003]: 1995 c. 18. Section 35(1) is cited for the meaning ascribed to the words “prescribed” and “regulations”.

[^f00004]: 1998 c. 14. Section 84 is cited for the meaning ascribed to the word “prescribe”.

[^f00005]: 2000 c. 19. Paragraph 23(1) is cited for the meaning ascribed to the word “prescribed”.

[^f00006]: 2002 c. 16. Section 17(1) is cited for the meaning ascribed to the words “prescribed” and “regulations”.

[^f00007]: See section 176(1) of the Social Security Administration Act 1992.

[^f00008]: See section 173(1)(b) of the Social Security Administration Act 1992.

[^f00009]: S.I. 1987/1971. The relevant amending instruments are S.I. 1990/1549, S.I. 1991/2695, S.I. 1992/50, S.I. 1992/432, S.I. 1992/2148, S.I. 1993/317, S.I. 1993/963, S.I. 1993/1249, S.I. 1993/2118, S.I. 1995/625, S.I. 1995/2303, S.I. 1996/1550, S.I. 1996/2432, S.I. 1998/563, S.I. 2000/897, S.I. 2000/2629, S.I. 2001/1264, S.I. 2001/1605, S.I. 2003/308, S.I. 2003/325, S.I. 2003/1338, S.I. 2003/2275, S.I. 2003/2279 and S.I. 2004/14.

[^f00010]: S.I. 1992/1814. The relevant amending instruments are S.I. 1993/688, S.I. 1993/1249, S.I. 1993/2118, S.I. 1995/560, S.I. 1995/625, S.I. 1995/2303, S.I. 1996/1510, S.I. 1996/2165, S.I. 1996/2432, S.I. 1997/2197, S.I. 1998/563, S.I. 2000/897, S.I. 2000/2545, S.I. 2000/2629, S.I. 2001/1264, S.I. 2001/1605, S.I. 2002/2402, S.I. 2002/2689, S.I. 2003/308, S.I. 2003/325, S.I. 2003/1338, S.I. 2003/1731, S.I. 2003/2275 and S.I. 2003/2279.

[^f00011]: S.I. 2003/325. The relevant amending instruments are S.I. 2003/1195, S.I. 2003/2275, S.I. 2003/2634 and S.I. 2004/290.

[^f00012]: Paragraph (5B) was inserted into regulation 4 by S.I. 2003/325 as amended by S.I. 2003/2275.

[^f00013]: Paragraph (8B) was inserted into regulation 5 by S.I. 1995/625.

[^f00014]: 2000 c. 43.

[^f00015]: Regulation 68B was inserted by S.I. 2003/325.

[^f00016]: Schedule 2A was inserted by S.I. 2003/325.

[^f00017]: Schedule 5ZA was inserted by S.I. 2003/325.

[^f00018]: Paragraph (5B) was inserted into regulation 4 by S.I. 2003/325 as amended by S.I. 2003/2275.

[^f00019]: Regulation 59B was inserted by S.I. 2003/325.

[^f00020]: Schedule 1A was inserted by S.I. 2003/325.

[^f00021]: Schedule 5ZA was inserted by S.I. 2003/325.

[^f00022]: S.I. 1999/991, paragraph (17B) was inserted into regulation 7 by S.I. 2002/3197 and substituted by S.I. 2004/647.

[^f00023]: S.I. 1987/1967. The relevant amending instruments are S.I. 1995/2927, S.I. 2000/1981 and S.I. 2002/3019.

[^f00024]: S.I. 1996/207. The relevant amending instruments are S.I. 1996/1516 and S.I. 2002/3019.

[^f00025]: S.I. 2002/1792. The relevant amending instruments are S.I. 2002/3197 and S.I. 2003/2274.

[^f00026]: S.I. 1987/1968. Regulation 4F was inserted by S.I. 2002/3019 and amended by S.I. 2003/1632.

Editorial notes

[^c526851]: 1992 c. 4. Section 136A was inserted by Schedule 2, paragraph 3 of the State Pension Credit Act 2002 (c. 16). Section 137(1) is cited for the meaning ascribed to the word “prescribed”.

[^c526852]: 1992 c. 5. Section 191 is cited for the meaning ascribed to the word “prescribed”.

[^c526853]: 1995 c. 18. Section 35(1) is cited for the meaning ascribed to the words “prescribed” and “regulations”.

[^c526854]: 1998 c. 14. Section 84 is cited for the meaning ascribed to the word “prescribe”.

[^c526855]: 2000 c. 19. Paragraph 23(1) is cited for the meaning ascribed to the word “prescribed”.

[^c526856]: 2002 c. 16. Section 17(1) is cited for the meaning ascribed to the words “prescribed” and “regulations”.

[^c526857]: See section 176(1) of the Social Security Administration Act 1992.

[^c526858]: See section 173(1)(b) of the Social Security Administration Act 1992.

[^c526872]: S.I. 1999/991, paragraph (17B) was inserted into regulation 7 by S.I. 2002/3197 and substituted by S.I. 2004/647.

[^c526873]: S.I. 1987/1967. The relevant amending instruments are S.I. 1995/2927, S.I. 2000/1981 and S.I. 2002/3019.

[^c526874]: S.I. 1996/207. The relevant amending instruments are S.I. 1996/1516 and S.I. 2002/3019.

[^c526875]: S.I. 2002/1792. The relevant amending instruments are S.I. 2002/3197 and S.I. 2003/2274.

[^c526876]: S.I. 1987/1968. Regulation 4F was inserted by S.I. 2002/3019 and amended by S.I. 2003/1632.

[^key-45b0850bf5fdda6a6ee97dc18a79f4c8]: Words in reg. 1(1)(a) 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, Sch. 4)

[^key-48516ac64f8ed108e97cf874e9a746df]: 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, Sch. 4)

[^key-1feadeba06acebe7ce330f61443628de]: Reg. 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, Sch. 4)