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Link to original content: http://www.legislation.gov.uk/id/uksi/2003/325/regulation/23/a/ii
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23. In regulation 72 of the Housing Benefit Regulations and regulation 62 of the Council Tax Benefit Regulations (time and manner in which claims are to be made)—
(a)in paragraph (5) of both regulations—
(i)in sub-paragraph (a), after the words “income support” insert “, state pension credit which comprises a guarantee credit”;
(ii)after sub-paragraph (aa)(1) insert—
“(aaa)in a case where the claimant or his partner claimed state pension credit and either there was no entitlement to state pension credit or there was entitlement only to a savings credit, the date on which the claim is received at the appropriate DWP office or the designated office whichever is the earlier;”;
(b)in paragraph (5)(bb) of regulation 72 and in paragraph (5)(c) of regulation 62, after the words “income support”, insert “, in receipt of a guarantee credit”;
(c)after paragraph (11) of regulation 72, insert—
“(11A) In the case of a person who has attained, or whose partner has attained, [F1the qualifying age for state pension credit, or who, or whose partner, will attain that age not more than seventeen weeks after the date of his claim], paragraph (11) shall apply as if for the reference to the thirteenth benefit week, there was substituted a reference to the seventeenth benefit week.”;
(d)after paragraph (12) of regulation 62, insert—
“(12A) In the case of a person who has attained, or whose partner has attained, [F2the qualifying age for state pension credit, or who, or whose partner, will attain that age not more than seventeen weeks after the date of his claim], paragraph (12) shall apply as if for the reference to the thirteenth benefit week, there was substituted a reference to the seventeenth benefit week.”.
Textual Amendments
F1Words in reg. 23(c) substituted (5.10.2003) by The Housing Benefit and Council Tax Benefit (State Pension Credit and Miscellaneous Amendments) Regulations 2003 (S.I. 2003/2275), regs. 1(1)(a), 2(13)
F2Words in reg. 23(d) substituted (5.10.2003) by The Housing Benefit and Council Tax Benefit (State Pension Credit and Miscellaneous Amendments) Regulations 2003 (S.I. 2003/2275), regs. 1(1)(a), 2(13)
Commencement Information
I1Reg. 23 in force at 6.10.2003, see reg. 1(1)(b)
Relevant amending Instruments are S.I. 1996/1510 and 2003/48.
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