The Social Security (Miscellaneous Amendments) Regulations 2005

Statutory Instruments

2005 No. 574

SOCIAL SECURITY

The Social Security (Miscellaneous Amendments) Regulations 2005

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:

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.

Citation, commencement and interpretation

1.—(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 ............

F1 ............

“the Income Support Regulations” means the Income Support (General) Regulations 1987 M6 ;

“the Jobseeker's Allowance Regulations” means the Jobseeker's Allowance Regulations 1996 M7 ;

“the State Pension Credit Regulations” means the State Pension Credit Regulations 2002 M8 ;

“the 2003 Regulations” means the Housing Benefit and Council Tax Benefit (State Pension Credit) Regulations 2003 M9 .

Textual Amendments

F1 Words in reg. 1(2) revoked (6.3.2006) by The Housing Benefit and Council Tax Benefit (Consequential Provisions) Regulations 2006 (S.I. 2006/217), reg. 1(1), Sch. 1 (with regs. 2, 3, Sch. 3, 4)

Marginal Citations

M6 S.I. 1987/1967.

M7 S.I. 1996/207.

M8 S.I. 2002/1792.

M9 S.I. 2003/325.

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

2.—(1) In regulation 2(1) of each of the Income Support Regulations, F2 ... 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 M10 ;”;

““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 M11 ;”.

(2) In regulation 15(5) of the State Pension Credit Regulations M12 (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;”.

F3 (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F3 (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5) In regulations 42(4)(a)(i) M13 and 51(3)(a)(i) M14 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 M15 (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 M16 ;

F4 (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F4 (c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(d) paragraph 1 of Schedule IV to the State Pension Credit Regulations M17 .

(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;”.

Textual Amendments

F2 Words in reg. 2(1) revoked (6.3.2006) by The Housing Benefit and Council Tax Benefit (Consequential Provisions) Regulations 2006 (S.I. 2006/217), reg. 1(1), Sch. 1 (with regs. 2, 3, Sch. 3, 4)

F3 Reg. 2(3)(4) revoked (6.3.2006) by The Housing Benefit and Council Tax Benefit (Consequential Provisions) Regulations 2006 (S.I. 2006/217), reg. 1(1), Sch. 1 (with regs. 2, 3, Sch. 3, 4)

F4 Reg. 2(8)(b)(c) revoked (6.3.2006) by The Housing Benefit and Council Tax Benefit (Consequential Provisions) Regulations 2006 (S.I. 2006/217), reg. 1(1), Sch. 1 (with regs. 2, 3, Sch. 3, 4)

Marginal Citations

M10 2004 c. 32.

M11 S.I. 2005/439

M12 The relevant amending instruments are S.I. 2003/2274 and 2004/2327.

M13 Paragraph (4) was substituted by S.I. 1988/1445. The relevant amending instruments are S.I. 1995/2792, 1995/3282, 1998/2117, 2002/841 and 2003/455.

M14 Paragraph (3) was substituted by S.I. 1988/1445. The relevant amending instruments are S.I. 1997/65, 1998/2117, 2002/841 and 2003/455.

M15 The relevant amending instruments are S.I. 1998/2117, 2002/841 and 2003/455.

M16 Paragraph 16 was substituted by S.I. 1995/2792.

M17 The relevant amending instrument is S.I. 2003/2274.

Amendment of the Income Support Regulations

3.—(1) The Income Support Regulations shall be amended in accordance with this regulation.

(2) In regulation 2 M18 (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) M19 ;

(b) in paragraph (4)(a)(ii) M20 omit the words “or rates”.

(4) In regulations 51(3)(a)(ii) M21 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 M22 after the words “housing benefit” where they first appear insert “ to which the claimant is entitled ”;

(b) in paragraph 15(2) M23 omit the words “or rates”;

(c) in paragraph 27(b) M24 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 M25 (capital to be disregarded) omit sub-paragraph (1)(c).

Marginal Citations

M18 The relevant amending instrument is S.I. 1996/1944.

M19 Sub-paragraph (h) was inserted by S.I. 1996/1944.

M20 Paragraph (4) was substituted by S.I. 1988/1445. The relevant amending instruments are S.I. 1989/534, 1990/547, 1990/1776, 1991/1559, 1993/315, 1994/527, 1998/2117 and 2003/455.

M21 Paragraph (3) was substituted by S.I. 1988/1445. The relevant amending instruments are S.I. 1989/534, 1997/65, 1998/2117, 2002/841 and 2003/455.

M22 Paragraph 5 was amended by S.I. 1996/2431.

M23 Paragraph 15 was substituted by S.I. 1990/547. The relevant amending instruments are S.I. 1990/1776, 1991/1559, 1992/3147, 1993/315, 1994/527, 2001/3767, 2002/2442 and 2004/2308.

M24 Paragraph 27 was substituted by S.I. 1998/563.

M25 The relevant amending instruments are S.I. 1996/1944 and 2002/2380.

Amendment of the Housing Benefit Regulations

F5 4.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F5 Reg. 5 revoked (6.3.2006) by The Housing Benefit and Council Tax Benefit (Consequential Provisions) Regulations 2006 (S.I. 2006/217), reg. 1(1), Sch. 1 (with regs. 2, 3, Sch. 3, 4)

Amendment of the Council Tax Benefit Regulations

F5 5.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F5 Reg. 5 revoked (6.3.2006) by The Housing Benefit and Council Tax Benefit (Consequential Provisions) Regulations 2006 (S.I. 2006/217), reg. 1(1), Sch. 1 (with regs. 2, 3, Sch. 3, 4)

Amendment of the Jobseeker's Allowance Regulations

6.—(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) M26 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 M27 (capital to be disregarded) omit sub-paragraph (1)(c).

Marginal Citations

M26 Paragraph 28 was substituted by S.I. 1998/563.

M27 The relevant amending instruments are S.I. 1996/2538 and 2002/2380.

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.