The Social Security (Miscellaneous Amendments) (No. 3) Regulations 2008

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations further amend—

(i) the Social Security (General Benefit) Regulations 1982,

(ii) the Social Security (Incapacity Benefit) Regulations 1994,

(iii) the Social Security (Incapacity for Work) (General) Regulations 1995,

(iv) and amend—

(v) the Mesothelioma Lump Sum Payments (Conditions and Amounts) Regulations 2008,and

(vi) the Social Security (Recovery of Benefits) (Lump Sum Payments) Regulations 2008.

Regulation 2 amends regulation 16 of the Social Security (General Benefit) Regulations 1982 to increase the prescribed amount of earnings in a year, for the purposes of Part 1 of Schedule 7 to the Social Security Contributions and Benefits Act 1992 (earnings level for unemployability supplement), from £4,602 to £4,784.

Regulation 3 amends regulation 8 of the Social Security (Incapacity Benefit) Regulations 1994 to increase the prescribed amount for the purposes of section 30E(1) of the 1992 Act (net amount of councillor’s allowance in excess of prescribed amount to be deducted from incapacity benefit) from £88.50 to £92.00. It further amends regulation 21 so that payments under article 14(1)(b) or 21(1)(a) of the Armed Forces and Reserve Forces (Compensation Scheme) Order 2005 and payments under section 639(2) of the Income Tax (earnings and Pensions) Act 2003 are disregarded when calculating the amount of incapacity benefit due.

Regulation 4 amends regulation 17 of the Social Security (Incapacity for Work) (General) Regulations 1995 so that members of the Disability Living Allowance Advisory Board and members of an appeal tribunal who have a disability qualification are able to work for one day or two half days a week while receiving benefits because of incapacity for work.

It further amends regulation 17 to increase the exempt work limits in paragraphs (3) and (4) from £88.50 to £92.00.

Regulation 5 amends regulation 2(1)(c) of the Mesothelioma Lump Sum Payments (Conditions and Amounts) Regulations 2008 so that a person is disqualified from receiving a lump sum payment where a payment is made by certain bodies or employers exempted from insurance under the specified Northern Ireland Order.

Regulation 6 makes minor amendments to Schedules 1 and 2 to the Social Security (Recovery of Benefits) (Lump Sum Payments) Regulations 2008, modifying, for lump sum payments, the way the Social Security (Recovery of Benefits) Act 1997 applies to appeals to a Social Security Commissioner and the Social Security and the Child Support (Decisions and Appeals) Regulations 1999 apply to reviews of certificates and appeals.

A full impact assessment has not been published for this instrument as it has no impact on the costs of business, charities, private or voluntary sectors.