# The Social Security (Miscellaneous Amendments No. 4) Regulations 2017

S.I. 2017/1015 · made 18 October 2017

These Regulations amend a number of different regulations relating to social security.

Made under: Social Security Contributions and Benefits Act 1992 (Section 22, Section 48B, Section 64, Section 70, Section 71, Section 123, Section 136, Section 136A, Section 137, Section 175); Social Security Administration Act 1992 (Section 1, Section 5, Section 189, Section 191); Jobseekers Act 1995 (Section 12, Section 35, Section 36); Social Security Act 1998 (Section 9, Section 79, Section 84); State Pension Credit Act 2002 (Section 15, Section 17); Welfare Reform Act 2007 (Section 17, Section 24, Section 25); Welfare Reform Act 2012 (Section 77, Section 94, Section 95)

PDFs: Printed copy https://openlegislation.uk/social-security-miscellaneous-amendments-no-4-regulations-2017/pdf/uksi_20171015_en.pdf; UK Explanatory Memorandum https://openlegislation.uk/social-security-miscellaneous-amendments-no-4-regulations-2017/pdf/uksiem_20171015_en.pdf

## Introductory text

Regulation 9 of this instrument is made in consequence of a defect in S.I. 2014/1097 and this instrument is being issued free of charge to all known recipients of S.I. 2014/1097.
Social Security
Made 18th October 2017
Laid before Parliament 24th October 2017
Coming into force in accordance with regulation 1(2) and (3)
The Secretary of State for Work and Pensions makes the following Regulations in exercise of the powers conferred by sections 22(5ZA), 48B(5)(a), 64(1), 70(4), 71(6), 123(1)(a) and (d), 136(3) and (5), 136A(3), 137(1) and 175(1), (3), (4) and (5) of the Social Security Contributions and Benefits Act 1992, sections 1(1), 5(1A), 189(1), (4) and (5) and 191 of the Social Security Administration Act 1992, sections 12(1) and (4), 35(1) and 36(2) of the Jobseekers Act 1995, sections 9(1)(a), 79(1), (4) and (6) and 84 of the Social Security Act 1998, sections 15(3) and (6) and 17(1) of the State Pension Credit Act 2002, sections 17(1) and (3), 24(1) and 25(2) and (3) of the Welfare Reform Act 2007 and sections 77(3), 94(1) and (2) and 95 of the Welfare Reform Act 2012.
In accordance with section 173(1)(b) of the Social Security Administration Act 1992, the Social Security Advisory Committee has agreed that the proposals in respect of these Regulations should not be referred to it.
In respect of provisions relating to housing benefit, 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.

## 1 Citation and commencement

(1) These Regulations may be cited as the Social Security (Miscellaneous Amendments No. 4) Regulations 2017.
(2) Except for regulations 3 and 5(2), these Regulations come into force on 16th November 2017.
(3) Regulations 3 and 5(2) come into force on 6th December 2018.

## 2 Amendment of the Social Security (Invalid Care Allowance) Regulations 1976

(1) The Social Security (Invalid Care Allowance) Regulations 1976 are amended as follows.
(2) In regulation 9(1) (conditions relating to residence and presence in Great Britain), for “9A and 9B” substitute “9A, 9B and 9C”.
(3) After regulation 9B (persons residing in an EEA state other than the United Kingdom or in Switzerland to whom a relevant EU Regulation applies), insert—
“Refugees
9C. (1) Regulation 9(1)(c) shall not apply where the person has—
(a) been granted refugee status or humanitarian protection under the immigration rules; or
(b) leave to enter or remain in the United Kingdom as the dependant of a person granted refugee status or humanitarian protection under the immigration rules.
(2) For the purposes of this regulation “immigration rules” means the rules laid before Parliament under section 3(2) of the Immigration Act 1971.”.

## 3 Amendment of the Social Security (Widow’s Benefit and Retirement Pensions) Regulations 1979

(1) The Social Security (Widow’s Benefit and Retirement Pensions) Regulations 1979 are amended as follows.
(2) In regulation 1(2) (interpretation), after the definition of “unemployability supplement” insert—
““widowed mother’s allowance” means an allowance referred to in section 37 of the Social Security Contributions and Benefits Act 1992 (widowed mother’s allowance: deaths before 9 April 2001);”.
(3) In regulation 7 (Category B retirement pension for certain widows by virtue of husband’s contributions)—
(a) in paragraph (e), for “the age of 65” substitute “pensionable age”;
(b) after paragraph (f), insert—
“(g) her having ceased to be entitled to a widowed mother’s allowance at a time when she had reached the age of 65 but was under pensionable age,”.

## 4 Amendment of the Income Support (General) Regulations 1987

In regulation 42(2B) of the Income Support (General) Regulations 1987 (notional income), for “maximum amount of income which may be withdrawn from the fund” substitute “rate of the annuity which may have been purchased with the fund”.

## 5 Amendment of the Social Security (Claims and Payments) Regulations 1987

(1) The Social Security (Claims and Payments) Regulations 1987 are amended as follows.
(2) In regulation 3(1)(d) (claims not required for entitlement to benefit in certain cases)—
(a) in paragraph (i)—
(i) for “over the age of 65 and” substitute “who has reached pensionable age and is”;
(ii) omit “or widowed parent’s allowance”;
(b) omit paragraph (ii) and the “or” immediately before it.
(3) In regulation 7(6)(b) (evidence and information)—
(a) in paragraph (i), for “maximum amount of income which may be withdrawn from the scheme” substitute “rate of the annuity which may have been purchased with the funds held under the scheme”;
(b) in paragraph (ii), for “maximum amount of income which might be withdrawn from the fund” substitute “rate of the annuity which might have been purchased with the fund”.
(4) In regulation 32(5)(b) (information to be given and changes to be notified)—
(a) in paragraph (i), for “maximum amount of income which may be withdrawn from the scheme” substitute “rate of the annuity which may have been purchased with the funds held under the scheme”;
(b) in paragraph (ii), for “maximum amount of income which might be withdrawn from the fund” substitute “rate of the annuity which might have been purchased with the fund”.

## 6 Amendment of the Social Security (Attendance Allowance) Regulations 1991

(1) The Social Security (Attendance Allowance) Regulations 1991 are amended as follows.
(2) In regulation 2(1) (conditions as to residence and presence in Great Britain), for “2A and 2B” substitute “2A, 2B and 2C”.
(3) After regulation 2B (persons residing in an EEA state other than the United Kingdom or in Switzerland to whom a relevant EU regulation applies), insert—
“Refugees
2C. (1) Regulation 2(1)(a)(iii) shall not apply where the person has—
(a) been granted refugee status or humanitarian protection under the immigration rules; or
(b) leave to enter or remain in the United Kingdom as the dependant of a person granted refugee status or humanitarian protection under the immigration rules.
(2) For the purposes of this regulation “immigration rules” means the rules laid before Parliament under section 3(2) of the Immigration Act 1971.”.

## 7 Amendment of the Social Security (Disability Living Allowance) Regulations 1991

(1) The Social Security (Disability Living Allowance) Regulations 1991 are amended as follows.
(2) In regulation 2(1) (conditions as to residence and presence in Great Britain), for “2A and 2B” substitute “2A, 2B and 2C”.
(3) After regulation 2B (persons residing in an EEA state other than the United Kingdom or in Switzerland to whom a relevant EU Regulation applies), insert—
“Refugees
2C. (1) Regulation 2(1)(a)(iii) shall not apply where the person has—
(a) been granted refugee status or humanitarian protection under the immigration rules; or
(b) leave to enter or remain in the United Kingdom as the dependant of a person granted refugee status or humanitarian protection under the immigration rules.
(2) For the purposes of this regulation “immigration rules” means the rules laid before Parliament under section 3(2) of the Immigration Act 1971.”.

## 8 Amendment of the Jobseeker’s Allowance Regulations 1996

In regulation 105(4) of the Jobseeker’s Allowance Regulations 1996 (notional income), for “maximum amount of income which may be withdrawn from the fund” substitute “rate of the annuity which may have been purchased with the fund”.

## 9 Amendment of the Social Security and Child Support (Decisions and Appeals) Regulations 1999

In regulation 3(7CD) of the Social Security and Child Support (Decisions and Appeals) Regulations 1999 (revision of decisions), before the words “failed to satisfy a requirement” insert “, without showing good cause,”.

## 10 Amendment of the State Pension Credit Regulations 2002

(1) The State Pension Credit Regulations 2002 are amended as follows.
(2) In regulation 15 (income for the purposes of the Act)—
(a) in paragraph (3)—
(i) after “prescribed under paragraph (1)” insert “, or retirement pension income to which section 16(1)(za) to (e) applies,”;
(ii) after “taken into account under paragraph (1)” insert “, or section 16(1)(za) to (e),”;
(b) in paragraph (4), after sub-paragraph (d) add—
“(e) section 14 of the Pensions Act 2014 (pension sharing: reduction in the sharer’s section 4 pension);
(f) section 45B or 55B of the Social Security Contributions and Benefits Act 1992 (reduction of additional pension in Category A retirement pension and shared additional pension: pension sharing).”.
(3) In regulation 18(3) (notional income), for “maximum amount of income which may be withdrawn from the fund” substitute “rate of the annuity which may have been purchased with the fund and is to be determined by the Secretary of State, taking account of information provided by the pension fund holder in accordance with regulation 7(5) of the Social Security (Claims and Payments) Regulations 1987”.

## 11 Amendment of the Housing Benefit Regulations 2006

In regulation 86(7)(b) of the Housing Benefit Regulations 2006 (evidence and information)—
(a) in paragraph (i), for “maximum amount of income which may be withdrawn from the scheme” substitute “rate of the annuity which may have been purchased with the funds held under the scheme”;
(b) in paragraph (ii), for “maximum amount of income which might be withdrawn from the fund” substitute “rate of the annuity which might have been purchased with the fund”.

## 12 Amendment of the Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 2006

(1) The Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 2006 are amended as follows.
(2) In regulation 29 (meaning of “income”)—
(a) in paragraph (3), after “prescribed under paragraph (1)” insert “, or retirement pension income to which section 16(1)(za) to (e) of the State Pension Credit Act applies,”;
(b) in paragraph (4), after sub-paragraph (d) add—
“(e) section 14 of the Pensions Act 2014 (pension sharing: reduction in the sharer’s section 4 pension);
(f) section 45B or 55B of the Social Security Contributions and Benefits Act 1992 (reduction of additional pension in Category A retirement pension and shared additional pension: pension sharing).”.
(3) In regulation 41(5) (notional income), for “maximum amount of income which may be withdrawn from the fund” substitute “rate of the annuity which may have been purchased with the fund”.
(4) In regulation 67(7)(b) (evidence and information)—
(a) in paragraph (i), for “maximum amount of income which may be withdrawn from the scheme” substitute “rate of the annuity which may have been purchased with the funds held under the scheme”;
(b) in paragraph (ii), for “maximum amount of income which might be withdrawn from the fund” substitute “rate of the annuity which might have been purchased with the fund”.

## 13 Amendment of the Employment and Support Allowance Regulations 2008

In regulation 106(6) of the Employment and Support Allowance Regulations 2008 (notional income–deprivation and income on application), for “maximum amount of income which may be withdrawn from the fund” substitute “rate of the annuity which may have been purchased with the fund”.

## 14 Amendment of the Social Security (Personal Independence Payment) Regulations 2013

After regulation 23 of the Social Security (Personal Independence Payments) Regulations 2013 (persons residing in an EEA state other than the United Kingdom or in Switzerland to whom a relevant EU Regulation applies), insert—
“Refugees
23A. (1) Regulation 16(b) does not apply in relation to a claim for personal independence payment where C has—
(a) been granted refugee status or humanitarian protection under the immigration rules; or
(b) leave to enter or remain in the United Kingdom as the dependant of a person granted refugee status or humanitarian protection under the immigration rules.
(2) For the purposes of this regulation “immigration rules” means the rules laid before Parliament under section 3(2) of the Immigration Act 1971.”.

## 15 Amendment of the Universal Credit, Personal Independence Payment, Jobseeker’s Allowance and Employment and Support Allowance (Claims and Payments) Regulations 2013

In regulation 41(3)(b) of the Universal Credit, Personal Independence Payment, Jobseeker’s Allowance and Employment and Support Allowance (Claims and Payments) Regulations 2013 (evidence and information required from pension fund holders)—
(a) in paragraph (i), for “maximum amount of income which may be withdrawn from the scheme” substitute “rate of the annuity which may have been purchased with the funds held under the scheme”;
(b) in paragraph (ii), for “maximum amount of income which might be withdrawn from the fund” substitute “rate of the annuity which might have been purchased with the fund”.

## 16 Amendment of the Universal Credit, Personal Independence Payment, Jobseeker’s Allowance and Employment and Support Allowance (Decisions and Appeals) Regulations 2013

In regulation 6(3) of the Universal Credit, Personal Independence Payment, Jobseeker’s Allowance and Employment and Support Allowance (Decisions and Appeals) Regulations 2013 (late application for a revision), for “13” substitute “12”.

## 17 Amendment of the State Pension Regulations 2015

(1) Regulation 35 of the State Pension Regulations 2015 (credit for persons providing care for a child under the age of 12) is amended as follows.
(2) For paragraphs (3) and (4) substitute—
“(3) The person (‘A’) referred to in paragraph (1) is not entitled to be credited with a Class 3 contribution unless—
(a) child benefit was awarded to another person (‘B’) in respect of—
(i) the child, or each child, for whom A provided care, and
(ii) the week in which A provided that care,
(b) B’s earnings factors, other than those derived from a Class 3 contribution credit awarded under regulation 34, exceed the qualifying earnings factor for the year in which the relevant week falls, and
(c) A makes an application to the Secretary of State to be so credited in accordance with paragraph (5) and regulation 39.
(4) Where the requirements relating to the provision of care by A in paragraph (3)(a)(i) can be satisfied by more than one person in respect of a week in which B was awarded child benefit—
(a) those persons shall elect, with the agreement of B, which of them is to be credited with a Class 3 contribution credit (and then only the elected person is to be so credited), or
(b) the Secretary of State is to exercise his discretion to determine which of those persons is to be credited with that contribution, in default of the agreement referred to in sub-paragraph (a).”.
(3) In paragraph (5)—
(a) for “(4)(c)”, substitute “(3)(c)”,
(b) in sub-paragraphs (a) and (c), after “the child” insert “, or each child,”.

## Signature

Signed by authority of the Secretary of State for Work and Pensions.
Guy Opperman
Parliamentary Under Secretary of State
Department for Work and Pensions
18th October 2017

## Explanatory note

(This note is not part of the Regulations)
These Regulations amend a number of different regulations relating to social security.
Regulations 2, 6, 7 and 14 amend the Social Security (Invalid Care Allowance) Regulations 1976 (S.I. 1976/409), the Social Security (Attendance Allowance) Regulations 1991 (S.I. 1991/2740), the Social Security (Disability Living Allowance) Regulations 1991 (S.I. 1991/2890) and the Social Security (Personal Independence Payment) Regulations 2013 (S.I. 2013/377) respectively, to exempt those with refugee status and those with humanitarian protection status and their dependants from the past presence test. This is the test which normally has to be fulfilled in order to claim Carer’s Allowance, Attendance Allowance, Disability Living Allowance and Personal Independence Payment respectively. The past presence test requires that an individual has been present in Great Britain for a specified period of time to be eligible for the relevant benefits.
Regulations 3 and 5 amend the Social Security (Widow’s Benefit and Retirement Pensions) Regulations 1979 (S.I. 1979/642) (“the Widow’s Benefit Regulations”) and the Social Security (Claims and Payments) Regulations 1987 (S.I. 1987/1968) (“the 1987 Claims and Payments Regulations”) respectively.
Regulation 3(2) amends the Widow’s Benefit Regulations to insert a new definition of “widowed mother’s allowance”.
Regulation 3(3) amends the Widow’s Benefit Regulations and regulation 5(2) amends the 1987 Claims and Payments Regulations to make technical changes as a result of the increase to State Pension age. State Pension age for men and women will be increased above 65 from 2019. This will affect people reaching age 65 on or after 6th December 2018. As a result of the increase, the maximum age for entitlement to Widow’s Pension will also be increased above age 65 from 2019.
The Widow’s Benefit Regulations set entitlement conditions for a Category B State Pension. The amendments in regulation 3(3) of these Regulations change “the age of 65” to “pensionable age” and allow entitlement to a Category B State Pension where Widowed Mother’s Allowance ends between age 65 and the increase in State Pension age.
The 1987 Claims and Payments Regulations make provision for entitlement to State Pension without making a claim in certain circumstances. The amendments in regulation 5(2) of these Regulations replace a reference to “age 65” with a reference to “pensionable age” and remove redundant references to (a) Widow’s Pension ending at age 65 and (b) Widowed Parent’s Allowance.
Regulations 4, 8 10(3), 12(3) and 13 amend the Income Support (General) Regulations 1987 (S.I. 1987/1967), the Jobseeker’s Allowance Regulations 1996 (S.I. 1996/207), the State Pension Credit Regulations 2002 (S.I. 2002/1792), the Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 2006 (S.I. 2006/214) (“the Housing Benefit (SPC) Regulations”) and the Employment and Support Allowance Regulations 2008 (S.I. 2008/794) respectively to change the way in which notional income is calculated. “Notional income” is income that a person does not actually get but is treated as getting. From 6 April 2015 individuals are able to access their pension savings more flexibly. The amendments provide that the amount of income foregone is to be the rate of the annuity which may have been purchased with the pension fund and set out how that amount should be determined.
Regulations 5(3) and (4), 11, 12 (4) and 15 amend the 1987 Claims and Payments Regulations, the Housing Benefit Regulations 2006 (S.I. 2006/213), the Housing Benefit (SPC) Regulations and the Universal Credit, Personal Independence Payment, Jobseeker’s Allowance and Employment and Support Allowance (Claims and Payments) Regulations 2013 (S.I. 2013/380) respectively to make changes to the requirements on pension fund holders to provide evidence and information in relation to pension funds where the pension has not been fully drawn upon.
Regulations 10(2) and 12(2) amend the State Pension Credit Regulations 2002 (S.I. 2002/1792) and the Housing Benefit (SPC) Regulations respectively to provide that deductions from retirement pension income specified under section 16(1)(za) to (e) of the State Pension Credit Act 2002 (c.16) are ignored in the calculation of a person’s income, apart from deductions as a result of a pension sharing order.
Regulation 9 amends regulation 3(7CD) of the Social Security and Child Support (Decisions and Appeals) Regulations 1999 (S.I. 1999/991). Regulation 3(7CD) provides for the revision of a decision made in consequence of a determination under regulation 6(2) of the Income Support (Work-Related Activity) and Miscellaneous Amendments Regulations 2014 (S.I. 2014/1097). The amendment makes clear that a decision may only be revised where the claimant has not shown good cause for a failure to undertake work-related activity. This aligns the wording of the provision with the wording of regulation 6(2) of the Income Support (Work-Related Activity) and Miscellaneous Amendments Regulations 2014 (S.I. 2014/1097).
Regulation 16 amends regulation 6 of the Universal Credit, Personal Independence Payment, Jobseeker’s Allowance and Employment and Support Allowance (Decisions and Appeals) Regulations 2013 (S.I. 2013/381) to reduce the effective time limit for making a late application requesting the Secretary of State to reconsider a decision made about a benefit claim or award, from 14 months to 13 months.
Regulation 17 amends regulation 35 of the State Pension Regulations 2015 (S.I. 2015/173), by substituting new paragraphs 35(3) and (4) and making consequential amendments of paragraph (5). Regulation 35 sets out the circumstances in which a person in receipt of child benefit and who is therefore awarded a National Insurance contribution credit (“a credit”) for a particular week, may transfer that weekly credit to a specified adult (usually a relative) who also provides care in that week for a child (or children) in respect of whom the child benefit is paid. The credit is awarded in respect of the claim for child benefit as a whole and not in respect of individual children who may be part of the claim. The new paragraph (4) also specifies how to determine which of the specified adults may receive the credit where more than one specified adult cares for a child in a particular week.
An Impact Assessment has not been published for this instrument as it has no new impact on business or civil society organisations.

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Source: https://www.legislation.gov.uk/uksi/2017/1015 (the official version)
Page: https://openlegislation.uk/social-security-miscellaneous-amendments-no-4-regulations-2017
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.