{
  "url": "https://openlegislation.uk/social-security-miscellaneous-amendments-no-2-regulations-2005/note",
  "json_url": "https://openlegislation.uk/social-security-miscellaneous-amendments-no-2-regulations-2005/note.json",
  "legislation": "uksi/2005/2465",
  "legislation_title": "The Social Security (Miscellaneous Amendments) (No. 2) Regulations 2005",
  "legislation_url": "https://openlegislation.uk/social-security-miscellaneous-amendments-no-2-regulations-2005",
  "path": "note",
  "kind": "note",
  "number": null,
  "heading": "Explanatory note",
  "text": "(This note is not part of the Regulations)\nThese Regulations further amend the Income Support (General) Regulations 1987 (S.I. 1987/1967), the Jobseeker's Allowance Regulations 1996 (S.I. 1996/207), the Council Tax Benefit (General) Regulations 1992 (S.I. 1992/1814), the Housing Benefit (General) Regulations 1987 (S.I. 1987/1971) and the State Pension Credit Regulations 2002 (S.I. 2002/1792).\nRegulations 2 to 5 amend the Income Support Regulations, the Jobseeker's Allowance Regulations, the Council Tax Benefit Regulations and the Housing Benefit Regulations so as to—\nincrease the lower capital limit of £3,000 to £6,000;\nremove some of the provisions that provide different capital limits in special circumstances and to update references to capital limits in the regulations that deal with tariff income;\nprovide that a person aged under 60, who opts not to take an occupational pension available to him or her under early release, is not treated as possessing the amount of any income or capital deferred;\nensure that where money is paid to a third party on behalf of a claimant and is subsequently used by the third party to provide benefits in kind to the claimant, the money will not be disregarded;\nchange references in the Regulations to adopters in the income and capital disregards of financial support in order to take account of the commencement of the Adoption and Children Act 2002.\nRegulations 2 and 3 also amend the Income Support Regulations and the Jobseeker's Allowance Regulations so as to—\nprovide that a person aged 60 or over, who opts not to take an occupational pension available to him or her, shall be treated as possessing the amount of any income foregone from the date on which it could be expected to be acquired were an application to be made;\nmake it clear, in the case of a claimant aged 60 or over, that income which could be obtained from money purchase benefits under an occupational pension scheme is treated in the same way as such income under a personal pension scheme.\nRegulation 6 amends the State Pension Credit Regulations so as to—\ninsert a definition of “board and lodging accommodation” in the interpretation provision in regulation 1(2);\nomit a cross-reference from regulation 15(5)(e);\nsubstitute a new cross-reference in regulation 17B(2)(za);\nomit sub-paragraph (2) from paragraph 8 of Schedule IV thereby removing a previous definition of “board and lodging accommodation”.\nA full regulatory impact assessment has not been produced for this instrument as it has no impact on the costs of business.",
  "extent": null,
  "status": null,
  "version": "current",
  "annotations": [],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/uksi/2005/2465/note",
    "retrieved_at": "2026-10-29T04:52:59.925015+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}