BAILII is celebrating 24 years of free online access to the law! Would you consider making a contribution?

No donation is too small. If every visitor before 31 December gives just £1, it will have a significant impact on BAILII's ability to continue providing free access to the law.
Thank you very much for your support!



BAILII [Home] [Databases] [World Law] [Multidatabase Search] [Help] [Feedback]

United Kingdom Statutory Instruments
You are here: BAILII >> Databases >> United Kingdom Statutory Instruments >> The Social Security (Housing Benefit, Council Tax Benefit, State Pension Credit and Miscellaneous Amendments) Regulations 2004 No. 2327
URL: http://www.bailii.org/uk/legis/num_reg/2004/20042327.html

[New search] [Help]


2004 No. 2327

SOCIAL SECURITY

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
  for the purposes of regulations 1, 2(10)(a)(iii) and (iv) and (b) and (22), 3(4), (10)(a)(iii) and (iv) and (b) and (22) and 7(1) to (4) and (6) 4th October 2004 
  for the purposes of regulation 8 6th October 2004 
  for all other purposes 4th April 2005 

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[1], sections 5(1)(h), 189(1), (4) and (6) and 191 of the Social Security Administration Act 1992[2], sections 4(5) and 35(1) of the Jobseekers Act 1995[3], sections 10(6), 79(1) and 84 of the Social Security Act 1998[4], paragraphs 4(6), 20(1)(b) and 23(1) of Schedule 7 to the Child Support, Pensions and Social Security Act 2000[5] and sections 2(3)(b), 15(1)(j) and (6)(b), 16(2)(a) and 17(1) of the State Pension Credit Act 2002[6] and of all other powers enabling him in that behalf, after consultation with organisations appearing to him to be representative of the authorities concerned[7] and after agreement by the Social Security Advisory Committee that proposals in respect of these Regulations should not be referred to it[8], 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 - 

    (2) In these Regulations - 

Amendment of the Housing Benefit Regulations
     2.  - (1) Subject to paragraphs (2) and (3), the Housing Benefit Regulations shall be amended in accordance with the following paragraphs.

    (2) The amendments made by paragraphs (4)(b), (9), (10), (13), (18) and (22) are to the Housing Benefit Regulations as modified in their application to persons to whom regulation 2 of the Housing Benefit and Council Tax Benefit (State Pension Credit) Regulations 2003[11] applies.

    (3) The amendment made by paragraph (8)(a) is to the Housing Benefit Regulations as modified in their application to persons to whom regulation 2 of the Housing Benefit and Council Tax Benefit (State Pension Credit) Regulations 2003 applies, and to those Regulations as not so modified.

    (4) In regulation 4 (remunerative work) - 

    (5) In regulation 5 (circumstances in which a person is or is not to be treated as occupying a dwelling as his home), for paragraph (8B)(c)(i)[13] substitute - 

    (6) In paragraph (b) of regulation 16 (applicable amounts), omit from ", except a child or young person" to the end of that paragraph.

    (7) In paragraph (c) of regulation 17 (polygamous marriages), omit from ", except a child or young person" to the end of that paragraph.

    (8) In regulation 19 (calculation of income and capital of members of claimant's family and of a polygamous marriage) - 

    (9) In regulation 23(4) (calculation of claimant's income in savings credit only cases) - 

    (10) In regulation 25 (meaning of "income") - 

    (11) In paragraph (1) of regulation 33 (calculation of income other than earnings), omit from "or 36" to the end of that paragraph.

    (12) Omit regulation 36 (modifications in respect of a child or young person).

    (13) In regulation 42 (notional capital), for paragraph (2) substitute - 

    (14) In regulation 63 (non-dependant deductions), after paragraph (9) add - 

    (15) In regulation 68 (date on which change of circumstances is to take effect) - 

    (16) In regulation 68B (change of circumstances where state pension credit payable)[15] - 

    (17) In paragraph 14 of Schedule 2 (applicable amounts), omit sub-paragraph (a) and the word "and" immediately following it.

    (18) In Schedule 2A (applicable amounts)[16], in paragraph 1, column (1), sub-paragraph (1), after "Single claimant" insert "or lone parent".

    (19) In Schedule 3 (sums to be disregarded in the calculation of earnings) - 

    (20) In paragraph 23(2) of Schedule 4 (sums to be disregarded in the calculation of income other than earnings) for the words from "a child or young person" to "so much" substitute "a child or young person, so much".

    (21) In paragraph 21 of Schedule 5 (capital to be disregarded), omit - 

    (22) In paragraph 4(a) of Part I of Schedule 5ZA (capital to be disregarded)[17] for the words from "partner" to "claimant" substitute "person who is a relative of the claimant or of his partner".

Amendment of the Council Tax Benefit Regulations
     3.  - (1) Subject to paragraphs (2) and (3), the Council Tax Benefit Regulations shall be amended in accordance with the following paragraphs.

    (2) The amendments made by paragraphs (5)(b), (9), (10), (13), (18) and (22) are to the Council Tax Benefit Regulations as modified in their application to persons to whom regulation 12 of the Housing Benefit and Council Tax Benefit (State Pension Credit) Regulations 2003 applies.

    (3) The amendments made by paragraphs (4) and (8)(a) are to the Council Tax Benefit Regulations as modified in their application to persons to whom regulation 12 of the Housing Benefit and Council Tax Benefit (State Pension Credit) Regulations 2003 applies, and to those Regulations as not so modified.

    (4) In regulation 2(1) (interpretation), after "qualifying person" insert - 

    (5) In regulation 4 (remunerative work) - 

    (6) In paragraph (b) of regulation 8 (applicable amounts), omit from ", except a child or young person" to the end of that paragraph.

    (7) In paragraph (c) of regulation 9 (polygamous marriages), omit from ", except a child or young person" to the end of that paragraph.

    (8) In regulation 11 (calculation of income and capital of members of claimant's family and of a polygamous marriage) - 

    (9) In regulation 15(4) (calculation of claimant's income in savings credit only cases) - 

    (10) In regulation 17 (meaning of "income") - 

    (11) In paragraph (1) of regulation 24 (calculation of income other than earnings), omit from "or 27" to the end of that paragraph.

    (12) Omit regulation 27 (modifications in respect of a child or young person).

    (13) In regulation 34 (notional capital), for paragraph (2) substitute - 

    (14) In regulation 52(8) (non-dependant deductions) - 

    (15) In regulation 59 (date on which change of circumstances is to take effect) - 

    (16) In regulation 59B (change of circumstances where state pension credit in payment)[19] - 

    (17) In paragraph 15 of Schedule 1 (applicable amounts), omit sub-paragraph (a) and the word "and" immediately following it.

    (18) In Schedule 1A (applicable amounts)[20], in paragraph 1, column (1), sub-paragraph (1), after the words "Single claimant" insert "or lone parent".

    (19) In Schedule 3 (sums to be disregarded in the calculation of earnings) - 

    (20) In paragraph 24(2) of Schedule 4 (sums to be disregarded in the calculation of income other than earnings) for the words from "a child or young person" to "so much" substitute "a child or young person, so much".

    (21) In paragraph 21 of Schedule 5 (capital to be disregarded), omit - 

    (22) In paragraph 4(a) of Part I of Schedule 5ZA (capital to be disregarded)[21] for the words from "partner" to "claimant" substitute "person who is a relative of the claimant or of his partner".

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)[22] 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[23] (housing costs) - 

Amendment of the Jobseeker's Allowance Regulations 1996
     6. In Schedule 2 to the Jobseeker's Allowance Regulations 1996[24] (housing costs) - 

Amendment of the State Pension Credit Regulations 2002
     7.  - (1) The State Pension Credit Regulations 2002[25] 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 - 

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

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

    (5) In Schedule II (housing costs) - 

    (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[26] (making a claim after attaining the qualifying age: date of claim), in paragraph (3) - 



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

7th September 2004


EXPLANATORY NOTE

(This note is not part of the Regulations)


These Regulations make various amendments to the Housing Benefit (General) Regulations 1987 (S.I. 1987/1971) ("the Housing Benefit Regulations"), the Council Tax Benefit (General) Regulations 1992 (S.I. 1992/1814) ("the Council Tax Benefit Regulations"), the Social Security and Child Support (Decisions and Appeals) Regulations 1999, the Income Support (General) Regulations 1987 (S.I. 1987/1967) ("the Income Support Regulations"), the Jobseeker's Allowance Regulations 1996 (S.I. 1996/207), the State Pension Credit Regulations 2002 (S.I. 2002/1792) and the Social Security (Claims and Payments) Regulations 1987 (S.I. 1987/1968).

The Housing Benefit Regulations and the Council Tax Benefit Regulations 1992 were modified by the Housing Benefit and Council Tax Benefit (State Pension Credit) Regulations 2003 (S.I. 2003/325) ("the 2003 Regulations") for persons who have attained the qualifying age for state pension credit (except where regulation 2(2) (for housing benefit) or 12(2) (for council tax benefit), applies). These Regulations apply to the Housing Benefit Regulations and Council Tax Benefit Regulations as so modified and as not so modified, as set out in regulations 2(1), (2) and (3) and 3(1), (2) and (3).

Regulation 2 amends the Housing Benefit Regulations.

Regulation 3 amends the Council Tax Benefit Regulations. The amendments made to these Regulations mirror those made to the Housing Benefit Regulations, except in so far as the definition of "relative" is inserted into regulation 2(1) of the Council Tax Benefit Regulations (as modified and as not so modified), regulation 2(5) is not mirrored, in paragraph (16) of this regulation in the added paragraph (9) of regulation 59B, the definition of "relevant determination" requires the relevant authority to use of the relevant calculation or estimate made in accordance with regulation 15(1) as modified in its application to persons to whom regulation 12(1) of the 2003 Regulations applies and in paragraph (22) of this regulation the amended paragraph (4)(a) in Part I of Schedule 5ZA to the Council Tax Benefit Regulations clarifies who must occupy the premises for the capital disregard in regulation 31(2) (as modified) to apply.

Regulation 4 amends the Social Security and Child Support (Decisions and Appeals) Regulations 1999. The amendments made by this regulation mirror that made by regulation 2(15)(b) of these Regulations.

Regulation 5 amends the Income Support Regulations. The amendments made by paragraph (a) of this regulation mirror that made by regulation 2(5) of these Regulations Paragraph (b) amends paragraph 18 of Schedule 3 to the Income Support Regulations in consequence of the amendments made to the Housing Benefit Regulations and Council Tax Benefit Regulations in respect of non-dependant deductions by regulations 2(4) and (14) and 3(5) and (14) respectively, of these regulations.

Regulation 6 amends the Jobseeker's Allowance Regulations 1996. The amendments made to those Regulations mirrors those made to the Income Support Regulations, except in so far as the amendment made by paragraph (a) of this regulation does not extend to those detained in custody on remand pending trial or detained pending sentence upon conviction, for the purposes of jobseeker's allowance.

Regulation 7 amends the State Pension Credit Regulations 2002. Paragraph (2) amends regulation 1(2) inserting a definition of "equity release scheme" which is defined to mean a loan by means of which a sum of money is advanced by way of payments at regular intervals to the claimant and made against the security of a dwelling in which the claimant owns an estate or interest and occupies as his home. Paragraph (3) amends regulation 15(5) adding payments made at regular intervals under an equity release scheme to the descriptions of income which are prescribed for the purposes of section 15(1)(j) of the State Pension Credit Act 2002 (c. 16). Paragraph (4) amends regulation 16 by adding payments made at regular intervals under an equity release scheme to the descriptions of income listed as retirement pension income in section 16(1) of the State Pension Credit Act 2002. Paragraph (5) amends Schedule 2 to the Regulations mirroring those made to the Income Support Regulations by regulation 5 of these Regulations. Paragraph (6) amends paragraph 4(a) of Schedule V to the State Pension Credit Regulations to clarify who must occupy the premises for the capital disregard in regulation 17(8)(a) of those Regulations to apply.

Regulation 8 amends regulation 4F of the Social Security (Claims and Payments) Regulations 1987 to allow a person, who wishes to make a claim for State Pension Credit, to inform an office, as prescribed, of his intention of claiming, himself or through a person acting on his behalf.

A full regulatory impact assessment has not been produced for this instrument as it has no impact on the cost of business.

Notes:

 [1] 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".back

[2] 1992 c. 5. Section 191 is cited for the meaning ascribed to the word "prescribed".back

[3] 1995 c. 18. Section 35(1) is cited for the meaning ascribed to the words "prescribed" and "regulations".back

[4] 1998 c. 14. Section 84 is cited for the meaning ascribed to the word "prescribe".back

[5] 2000 c. 19. Paragraph 23(1) is cited for the meaning ascribed to the word "prescribed".back

[6] 2002 c. 16. Section 17(1) is cited for the meaning ascribed to the words "prescribed" and "regulations".back

[7] See section 176(1) of the Social Security Administration Act 1992.back

[8] See section 173(1)(b) of the Social Security Administration Act 1992.back

[9] 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.back

[10] 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.back

[11] 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.back

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

[13] Paragraph (8B) was inserted into regulation 5 by S.I. 1995/625.back

[14] 2000 c. 43.back

[15] Regulation 68B was inserted by S.I. 2003/325.back

[16] Schedule 2A was inserted by S.I. 2003/325.back

[17] Schedule 5ZA was inserted by S.I. 2003/325.back

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

[19] Regulation 59B was inserted by S.I. 2003/325.back

[20] Schedule 1A was inserted by S.I. 2003/325.back

[21] Schedule 5ZA was inserted by S.I. 2003/325.back

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

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

[24] S.I. 1996/207. The relevant amending instruments are S.I. 1996/1516 and S.I. 2002/3019.back

[25] S.I. 2002/1792. The relevant amending instruments are S.I. 2002/3197 and S.I. 2003/2274.back

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


ISBN 0 11 049791 0


  © Crown copyright 2004

Prepared 13 September 2004

BAILII: Copyright Policy | Disclaimers | Privacy Policy | Feedback | Donate to BAILII
URL: http://www.bailii.org/uk/legis/num_reg/2004/20042327.html