Explanatory note

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.