Benefit cap regulations to be debated in Parliament on Tuesday

The Benefit Cap (Housing Benefit) Regulations 2012 will be debated in a House of Commons delegated legislation committee next Tuesday (6th Nov) at 8.55am. The regulations can be found here Housing Benefit (Benefit Cap) Regulations 2012

Confirmation of the committee taking place is here, although we’re not sure who will be on the committee at this stage Parliamentary business for Tuesday 6 November 2012

Hi Paul

can you confirm that the benefits cap will only take affect where either a single person or one memeber of a couple have not reached Qualifying Age for State Pension Credit (at least until the introduction of Universal Credit). Even the regs don’t seem to spell this out clearly -all they refer to is ‘working age families’. As we know ‘working age’ is steadily increasing to 65 by 2018.
The fantastic (not) gov.uk website claims that the cap affects all aged 16-64 surely this is not correct (at present) see link https://www.gov.uk/benefit-cap

Thanks
Alan

Alan - 02 November 2012 04:12 PM

Hi Paul

can you confirm that the benefits cap will only take affect where either a single person or one memeber of a couple have not reached Qualifying Age for State Pension Credit (at least until the introduction of Universal Credit). Even the regs don’t seem to spell this out clearly -all they refer to is ‘working age families’. As we know ‘working age’ is steadily increasing to 65 by 2018.
The fantastic (not) gov.uk website claims that the cap affects all aged 16-64 surely this is not correct (at present) see link https://www.gov.uk/benefit-cap

Thanks
Alan

I think the limit for the cap excluding those who reach state pension credit age is contained in the Welfare Reform Act - section 4 states basic conditions…....“has not reached the qualifying age for state pension credit” and the Benefit Cap regs are made in exercise of powers under that section (amongst others). So I think it should mean already the Cap will not apply to those who have reached state pension credit age.

(edit - missed out a crucial “credit”)

Benefit Cap (Housing Benefit) Regulations 2012 considered in Grand Committee and agreed by Lords -

here’s link to debate in hansard -

http://www.publications.parliament.uk/pa/ld201213/ldhansrd/text/121106-gc0001.htm#121106103000102