The Housing Benefit (Persons who have attained the qualifying age for state pension credit) (Amendment) Regulations 2021

Made: 23rd February 2021

Laid before Parliament: 25th February 2021

Coming into force: 1st April 2021

In accordance with Section 176(1) of the Social Security Administration Act 1992, The Secretary of State has consulted with organisations appearing to him to be representative of the authorities concerned.

Citation and commencement

1

• (1) These Regulations may be cited as the Housing Benefit (Persons who have attained the qualifying age for state pension credit) (Amendment) Regulations 2021.

• (2) These Regulations come into force on 1st April 2021.

Amendments to the Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 2006

2

• (1) The Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 2006[^f00003] are amended as follows.

• (2) In column (1) of the table in paragraph 1 of Part 1 of Schedule 3—

• (a) in sub-paragraph (1)(b) after “pensionable age” insert “before 1st April 2021”;

• (b) in sub-paragraph (2)(b) after “pensionable age” insert “before 1st April 2021”;

• (c) in sub-paragraph (4) after “pensionable age” insert “before 1st April 2021”.

• (3) In the table in paragraph 1 of Part 1 of Schedule 3—

• (a) below row (1)(b) insert—

• (b) below row (2)(b) insert—

• (c) below row (4)(b) add—

Signed

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

Will Quince — Parliamentary Under Secretary of State — Department for Work and Pensions — 23rd February 2021

Explanatory note

(This note is not part of the Regulations)

EXPLANATORY NOTE

These Regulations amend the Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 2006 (S.I. 2006/214) (“the Regulations”) to include new rates of housing benefit for those not subject to the transitional protection associated with the removal of the savings credit uplift (“the uplift”). The savings credit element of state pension credit was abolished for people reaching state pension age from 6th April 2016 when the new state pension was introduced, but it was decided to retain the higher personal allowances in housing benefit for a further five years. Where an individual person, both members of a couple, or all members of a marriage attain pensionable age on or after 1st April 2021, they will not receive the uplift. Where one or more members of a household attained pensionable age before 1st April 2021, the benefit unit will continue to receive the uplift.

Regulation 2(2) amends the Regulations by inserting “before 1st April 2021” into sub-paragraphs (1)(b), (2)(b) and (4) in column (1) of the table in paragraph 1 of Part 1 of Schedule 3. The effect of these amendments is to maintain the uplift for those who are already receiving it.

Regulation 2(3) inserts new rows into the same table for those who attain pensionable age on or after 1st April 2021. The new rows describe the categories of those who will not receive the uplift going forward and set out the amount of housing benefit they will receive instead.

A full impact assessment has not been produced for this instrument as no, or no significant, impact on the private, public, or voluntary sectors is foreseen.

Footnotes

[^f00001]: 1992 c. 4. Section 175(1) was amended by paragraph 29 of Schedule 3 to the Social Security Contributions (Transfer of Functions, etc.) Act 1999 (c. 2). Section 137(1) is cited for the meaning of the word “prescribed”.

[^f00002]: 1992 c. 5.

[^f00003]: S.I. 2006/214. Relevant amending instrument is S.I. 2020/234.