The Social Security (Miscellaneous Amendments) Regulations 2009

Amendment of the State Pension Credit Regulations 2002

5.—(1) The State Pension Credit Regulations 2002 are amended as follows.

(2) In regulation 15(5) (income for the purposes of the Act)—

(a) for sub-paragraph (f)(1) substitute—

“(f) royalties or other sums paid as a consideration for the use of, or the right to use, any copyright, design, patent or trade mark;”;

(b) for sub-paragraph (g) substitute—

“(g) any payment in respect of any—

(i) book registered under the Public Lending Right Scheme 1982; or

(ii) work made under any international public lending right scheme that is analogous to the Public Lending Right Scheme 1982;”.

(3) In regulation 17 (calculation of weekly income)—

(a) for paragraph (5)(a)(2) substitute—

“(a) royalties or other sums received as a consideration for the use of, or the right to use, any copyright, design, patent or trade mark;”;

(b) for paragraph (5)(b) substitute—

“(b) any payment in respect of any—

(i) book registered under the Public Lending Right Scheme 1982; or

(ii) work made under any international public lending right scheme that is analogous to the Public Lending Right Scheme 1982;”;

(c) for paragraph (9)(b)(3) substitute—

“(b) any amount to which paragraph (5) applies where the claimant is the first owner of the copyright, design, patent or trademark, or an original contributor to the book or work referred to in paragraph (5)(b).”.

(4) In—

(a) Schedule II (housing costs), in paragraph 4(13)(b), and

(b) Schedule V (income from capital), in paragraph 15(8)(a) and (c) in the definition of “training allowance”,

before “Scottish Enterprise” insert “Skills Development Scotland,”.

(5) In Schedule V (income from capital) after paragraph 23A insert—

“23B.   Any payment made under Part 8A of the 1992 Act (entitlement to health in pregnancy grant).”.

(1)

The relevant amending instruments is S.I. 2003/2274.

(2)

The relevant amending instrument is S.I. 2002/3019.

(3)

Paragraph 9 substituted as originally enacted by S.I. 2002/3019.