(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—
2Amendment of the State Pension Credit Regulations#
(1)For the purposes of paragraph 5(6) and (7) of Schedule 3 to the Act as amended a person shall, subject to paragraph (4) below, be precluded from regular employment by responsibilities at home, within the meaning of these regulations, in any year falling after that ending with 5th April 1978 throughout which he satisfied any of the conditions specified in paragraph (2) below.
(2)The conditions referred to in paragraph (1) above are—
(3) In regulation 63(7) note 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”
4Amendment of the Council Tax Benefit Regulations#
In the Council Tax Benefit Regulations–
(1)For the purposes of paragraph 5(6) and (7) of Schedule 3 to the Act as amended a person shall, subject to paragraph (4) below, be precluded from regular employment by responsibilities at home, within the meaning of these regulations, in any year falling after that ending with 5th April 1978 throughout which he satisfied any of the conditions specified in paragraph (2) below.
(2)The conditions referred to in paragraph (1) above are—
(3)Sub-paragraph (c) in article 4(5) shall be revoked and the following sub-paragraph substituted—“c where the determination is (on any single occasion) in respect of eleven or more animals kept on the same holding or owned by the same person, by agreement between two valuers, one appointed by the Minister and one by the owner of the animals.”
5Amendment of the Decisions and Appeals Regulations#
(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 note;”
(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 note;”
(3)In regulation 4 (revision of decisions) after paragraph (7A) note insert—“7B Where—a the relevant authority makes an original decision awarding housing benefit or council tax benefit to a claimant; andb 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 section 9 or 10 of the 1998 Act or on an appeal under section 12 of that Act”
(4)In regulation 7(2) (decisions superseding earlier decisions) after sub-paragraph (h) note add—“i where—i the claimant has been awarded entitlement to housing benefit or council tax benefit; andii 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.”
(5)In regulation 8 (date from which a decision superseding an earlier decision takes effect) after paragraph (13) note 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.”