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The Social Security (Miscellaneous Amendments) Regulations 2005

S.I. 2005/574 · Made 8 March 2005

Up to date with all changes known to legislation.gov.uk, revised to 6 March 2006.

SOCIAL SECURITY

Made 8th March 2005

Laid before Parliament 10th March 2005

Coming into force 4th April 2005

The Secretary of State for Work and Pensions, in exercise of the powers conferred upon him by sections 123(1)(a), (d) and (e), 136(3), (5)(a) and (b), 136A(3), 137(1) and 175(1), (3) and (4) of the Social Security Contributions and Benefits Act 1992 M1, sections 12(1), (4)(a) and (b), 35(1) and 36(2) and (4) of the Jobseekers Act 1995 M2 and sections 15(1)(j) and (6)(b) and 17(1) of the State Pension Credit Act 2002 M3 and all other powers enabling him in that behalf, after consultation in respect of provisions in these Regulations relating to housing benefit and council tax benefit with organisations appearing to him to be representative of the authorities concerned M4, and after agreement by the Social Security Advisory Committee that proposals in respect of these Regulations should not be referred to it M5, hereby makes the following Regulations:

Annotations to the whole text

Marginal citations

M1

1992 c. 4. Section 123(1)(e) was substituted by paragraph 1 of Schedule 9 to the Local Government Finance Act 1992 (c. 14). Section 137(1) is an interpretation provision and is cited because of the meaning given to the word “prescribed”.

M2

1995 c. 18. Section 35(1) is an interpretation provision and is cited because of the meaning given to the words “prescribed” and “regulations”. Sections 35(1) and 36(4) were amended by section 2 of, and paragraph 62 and 63 respectively of Schedule 3 to the Social Security (Transfer of Functions, etc) Act 1999 (c. 2).

M3

2002 c. 16. Section 17(1) is cited because of the meaning given to the words “prescribed” and “regulations”.

M4

See section 176(1) of the Social Security Administration Act 1992 (c. 5).

M5

See sections 170 and 173(1) of the Social Security Administration Act 1992; paragraph 67 of Schedule 2 to the Jobseekers Act 1995 and paragraph 20 of Schedule II to the State Pension Credit Act added these Acts respectively to the list of “relevant enactments” in respect of which regulations must normally be referred to the Committee.

Contents

  1. 1Citation, commencement and interpretation
  2. 2Amendments in relation to the Armed Forces and Reserve Forces Compensation Scheme
  3. 3Amendment of the Income Support Regulations
  4. 4Amendment of the Housing Benefit Regulations Repealed
  5. 5Amendment of the Council Tax Benefit Regulations Repealed
  6. 6Amendment of the Jobseeker's Allowance Regulations
  7. Signature
  8. Explanatory note

1Citation, commencement and interpretation

(1)

These Regulations may be cited as the Social Security (Miscellaneous Amendments) Regulations 2005 and shall come into force on 4th April 2005.

(2)

In these Regulations—

  • F1............

  • ............

  • “the Income Support Regulations” means the Income Support (General) Regulations 1987 M1;

  • “the Jobseeker's Allowance Regulations” means the Jobseeker's Allowance Regulations 1996 M2;

  • “the State Pension Credit Regulations” means the State Pension Credit Regulations 2002 M3;

  • “the 2003 Regulations” means the Housing Benefit and Council Tax Benefit (State Pension Credit) Regulations 2003 M4.

2Amendments in relation to the Armed Forces and Reserve Forces Compensation Scheme

(1)

In regulation 2(1) of each of the Income Support Regulations, F1... regulation 1(3) of the Jobseeker's Allowance Regulations and regulation 1(2) of the State Pension Credit Regulations (interpretation) at the appropriate place insert the following definitions—

  • ““the Armed Forces and Reserve Forces Compensation Scheme” means the scheme established under section 1(2) of the Armed Forces (Pensions and Compensation) Act 2004 M1;”;

““a guaranteed income payment” means a payment made under article 14(1)(b) or article 21(1)(a) of the Armed Forces and Reserve Forces (Compensation Scheme) Order 2005 M2;”.

(2)

In regulation 15(5) of the State Pension Credit Regulations M3 (income for the purposes of the Act) after sub-paragraph (a) insert—

“(aa)

a guaranteed income payment;

(ab)

a payment made under article 21(1)(c) of the Armed Forces and Reserve Forces (Compensation Scheme) Order 2005 but only where the condition referred to in article 23(2)(c) is met;”.

F2(3)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5)

In regulations 42(4)(a)(i) M4 and 51(3)(a)(i) M5 of the Income Support Regulations (notional income and notional capital) after the words “benefit Acts,” insert “ a payment from the Armed Forces and Reserve Forces Compensation Scheme, ”.

(6)

In regulations 105(10)(a)(i) and 113(3)(a)(i) of the Jobseeker's Allowance Regulations M6 (notional income and notional capital) after the words “Benefits Act,” insert “ a payment from the Armed Forces and Reserve Forces Compensation Scheme, ”.

(7)

In each of the provisions specified in paragraph (8)—

(a)

after sub-paragraph (c) insert—

“(cc)

a guaranteed income payment;”;

(b)

in sub-paragraph (d) after the word “pension” insert “ or payment ”;

(c)

in sub-paragraph (e) substitute the words “ pensions mentioned in sub-paragraphs (a) to (c) above ” with “pensions or payments mentioned in sub-paragraphs (a) to (cc) above”.

(8)

The provisions specified for the purposes of paragraph (7) (which relate to the sums to be disregarded in the calculation of income other than earnings) are—

(a)

paragraph 16 of Schedule 9 to the Income Support Regulations M7;

F3(b)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(c)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(d)

paragraph 1 of Schedule IV to the State Pension Credit Regulations M8.

(9)

In paragraph 17 of Schedule 7 to the Jobseeker's Allowance Regulations (sums to be disregarded in the calculation of income other than earnings)—

(a)

after sub-paragraph (a) insert—

“(aa)

a guaranteed income payment or a payment made to compensate for the non-payment of a guaranteed income payment;”;

(b)

in sub-paragraph (b) after head (ii) add—

“(iii)

or analogous to a guaranteed income payment;”.

3Amendment of the Income Support Regulations

(1)

The Income Support Regulations shall be amended in accordance with this regulation.

(2)

In regulation 2 M1 (interpretation)—

(a)

in paragraph (1) omit the definitions of “earnings top-up” and “the Earnings Top-up Scheme”;

(b)

omit paragraph (4).

(3)

In regulation 42 (notional income)—

(a)

omit paragraph (2)(h) M2;

(b)

in paragraph (4)(a)(ii) M3 omit the words “or rates”.

(4)

In regulations 51(3)(a)(ii) M4 and 62(2)(e) (which relate respectively to notional capital and calculation of grant income) omit the words “or rates”.

(5)

In Schedule 9 (sums to be disregarded in the calculation of income other than earnings)—

(a)

in paragraph 5 M5 after the words “housing benefit” where they first appear insert “ to which the claimant is entitled ”;

(b)

in paragraph 15(2) M6 omit the words “or rates”;

(c)

in paragraph 27(b) M7 after the word “authority” add “ but excluding payments of housing benefit made in respect of the person concerned ”.

(6)

In paragraph 7 of Schedule 10 M8 (capital to be disregarded) omit sub-paragraph (1)(c).

4Amendment of the Housing Benefit RegulationsF1

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

5Amendment of the Council Tax Benefit RegulationsF1

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

6Amendment of the Jobseeker's Allowance Regulations

(1)

The Jobseeker's Allowance Regulations shall be amended in accordance with this regulation.

(2)

In regulation 1(3) (relating to interpretation) omit the definitions of “earnings top-up” and “the Earnings Top-up Scheme”.

(3)

In regulation 103 (calculation of income other than earnings) omit paragraph (4).

(4)

In regulation 105(2) (notional income) omit sub-paragraph (f).

(5)

In Schedule 7 (sums to be disregarded in the calculation of income other than earnings)—

(a)

in paragraph 6 after the word “benefit” add “ to which the claimant is entitled ”;

(b)

in paragraph 28(b) M1 after the word “authority” add “ but excluding payments of housing benefit made in respect of the person concerned ”.

(6)

In paragraph 12 of Schedule 8 M2 (capital to be disregarded) omit sub-paragraph (1)(c).

Signature

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

Chris Pond

Parliamentary Under Secretary of State,

Department for Work and Pensions

9th March 2005

Explanatory note

(This note is not part of the Regulations)

These Regulations further amend the Income Support (General) Regulations 1987 (S.I. 1987/1967), the Housing Benefit (General) Regulations 1987 (S.I. 1897/1971), the Council Tax Benefit (General) Regulations 1992 (S.I. 1992/1814) and the Jobseeker's Allowance Regulations 1996 (S.I. 1996/207) (“the Income-related Benefits Regulations”). These Regulations also further amend the State Pension Credit Regulations 2002 (S.I. 2002/1792) (“the State Pension Credit Regulations”).

Regulation 2(1) amends the interpretation provisions of the Income-related Benefits Regulations and the State Pension Credit Regulations in relation to the introduction of the Armed Forces and Reserve Forces Compensation Scheme (“the new scheme”) established under section 1(2) of the Armed Forces (Pensions and Compensation) Act 2004 (c. 32).

Regulation 2(2) amends regulation 15(5) of the State Pension Credit Regulations 2002 adding certain payments made under the new scheme to the descriptions of income which are prescribed for the purposes of section 15(1)(j) of the State Pension Credit Act 2002 (c. 16).

Regulation 2(4) makes similar amendment to the Housing Benefit (General) Regulations 1987 and to the Council Tax Benefit (General) Regulations 1992 as modified by the Housing Benefit and Council Tax Benefit (State Pension Credit) Regulations 2003 (S.I. 2003/325) for persons who have attained the qualifying age for state pension credit.

Regulation 2(5) and (6) amends the Income Support (General) Regulations 1987 and the Jobseeker's Allowance Regulations 1996 to include within the notional income and notional capital rules, payments made under the new scheme.

Regulation 2(7) and (8) provides a £10 weekly income disregard for guaranteed income payments made under the new scheme.

The Income-related Benefits Regulations are also amended to—

—remove out of date references to “earnings top-up” and “the Earnings Top-up Scheme” (regulations 3(2), (3)(a) and (6), 4(2), (5), (6)(b) and (7), 5(2), (6), (7)(c) and (8), 6(2) to (4) and (6)).

—exclude from the full income disregard, payments of housing benefit received by claimants direct from a local authority in respect of persons temporarily in their care (regulations 3(5)(a) and (c), 4(4) and (6)(a), 5(5) and (7)(a) and (b) and 6(5)).

The Income Support (General) Regulations 1987 are amended to remove out of date references to domestic “rates” (regulation 3(3)(b), (4) and (5)(b)).

The Housing Benefit (General) Regulations 1987 are also amended to remove references to “rates”, “eligible rates” and “rateable unit” (regulation 4 (2)(a) and (8)).

Regulation 5(4) corrects a reference to primary legislation in the Council Tax Benefit (General) Regulations 1992.

A full regulatory impact assessment has not been produced for this instrument as it has no impact on the costs of business.