The Social Security (Miscellaneous Amendments) (No. 3) Regulations 2006

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations amend the Social Security (Claims and Payments) Regulations 1987 (“the 1987 Regulations”) and the Social Security and Child Support (Decisions and Appeals) Regulations 1999 (“the 1999 Regulations”).

Regulation 2 amends the 1987 Regulations. Paragraph (2) allows the Secretary of State to extend the time in which defective claims for state pension credit may be corrected.

Paragraph (3) provides that the date of a claim for a relevant benefit made following the termination of an earlier award of that benefit is the date of entitlement to that qualifying benefit where the qualifying benefit is re-awarded or awarded on a claim made before termination of the award of the relevant benefit, provided the claim for the relevant benefit is made within 3 months of the date of the award of the qualifying benefit.

Paragraph (4) provides that the time for claiming income support or jobseeker’s allowance may be extended by a period not exceeding 1 month where the claimant was unable to notify the appropriate office of his intention of making a claim because the telephone lines were busy or inoperative.

Paragraph (5) provides that where a claimant receives child tax credit, the amount that may be deducted from his income support or jobseeker’s allowance may not exceed, without his consent, 25 per cent of the sum of his applicable amount, child benefit and the child tax credit he or his partner is entitled to. Where the claimant receives state pension credit, deductions may not, without his consent, exceed 25 per cent of the sum of the appropriate minimum guarantee less any housing costs under Schedule 2 to the State Pension Credit Regulations and the amount of child benefit and child tax credit he or his partner is entitled to.

Regulation 3 amends the 1999 Regulations. Paragraph (2) provides that where a decision is superseded in connection with the cessation of payment of a carer’s allowance, the decision takes effect from the day after the day in respect of which the carer’s allowance was paid.

Paragraph (3) amends Schedule 3A to provide that a decision superseding a decision where regulation 9 of the Social Security (Disability Living Allowance) Regulations 1991 applies to him or ceases to apply to him, for a period of less than 1 week, takes effect from the date of the change.

A full regulatory impact assessment has not been carried out in respect of these Regulations as they do not impose a cost on business, charities or the voluntary sector.