The Social Security (Miscellaneous Amendments) Regulations 2002

Statutory Instruments

2002 No. 841

SOCIAL SECURITY

The Social Security (Miscellaneous Amendments) Regulations 2002

Made

26th March 2002

Laid before Parliament

2nd April 2002

Coming into force

8th April 2002

The Secretary of State for Work and Pensions, in exercise of the powers conferred upon him by sections 123(1)(a), (d) and (e), 135(1), 136(3) and (5)(b), 137(1) and 175(1), (3) and (4) of the Social Security Contributions and Benefits Act 1992M1 and sections 4(5), 12(1) and (4)(b), 35(1) and 36(2) and (4) of the Jobseekers Act 1995M2 and sections 134(8)(b) and 139(6)(b) of the Social Security Administration Act 1992M3 and of 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 concernedM4 and after agreement by the Social Security Advisory Committee that proposals in respect of these Regulations should not be referred to itM5 , hereby makes the following Regulations:

Marginal Citations

M1 1992 c.4; section 123(1)(e) was substituted by the Local Government Finance Act 1992 (c.14), Schedule 9, paragraph 1(1); section 137(1) is an interpretation provision and is cited because of the meaning ascribed to the word “prescribed”.

M2 1995 c.18; section 35(1) is an interpretation provision and is cited because of the meaning ascribed to the words “prescribed” and “regulations”.

M3 1992 c.5; section 139(6) was amended by the Local Government Finance Act 1992 (c.14), Schedule 9, paragraph 20(5) and by the Local Government etc. (Scotland) Act 1994 (c.39), Schedule 13, paragraph 175(3).

M4 See section 176(1) of the Social Security Administration Act 1992.

M5 See sections 170 and 173(1)(b) of the Social Security Administration Act 1992; paragraph 67 of Schedule 2 to the Jobseekers Act added that Act to the list of “relevant enactments” in respect of which regulations must normally be referred to Committee.

Citation, commencement and interpretation

1.—(1) These Regulations may be cited as the Social Security (Miscellaneous Amendments) Regulations 2002 and shall come into force on 8th April 2002.

(2) In these Regulations “the Income Support Regulations” means the Income Support (General) Regulations 1987 M6 , F1 ... “the Jobseeker’s Allowance Regulations” means the Jobseeker’s Allowance Regulations 1996 M7 F1 ... .

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.

Income Support: Income Disregard

2.—(1) In regulation 2 of the Income Support Regulations, after the definition of “voluntary organisation”M8 insert the following definition—

““war widower’s pension” means any widower’s pension or allowance granted in respect of a death due to service or war injury and payable by virtue of the Air Force (Constitution) Act 1917, the Personal Injuries (Emergency Provisions) Act 1939, the Pensions (Navy, Army, Air Force and Mercantile Marine) Act 1939, the Polish Resettlement Act 1947 or Part VII or section 151 of the Reserve Forces Act 1980 or a pension or allowance for a widower granted under any scheme mentioned in section 315(2)(e) of the Income and Corporation Taxes Act 1988;”.

(2) In head (i) of regulation 42(4)(a) M9 of the Income Support Regulations after “war widow’s pension” insert “ or war widower’s pension ” and after “widow” insert “ or widower ”.

(3) In head (i) of regulation 51(3)(a) M10 of the Income Support Regulations after “war widow’s pension” insert “ or war widower’s pension ” and after “widow” insert “ or widower ”.

(4) In Schedule 9 to the Income Support Regulations—

(a) in paragraph 16(b) M11 after “pension” insert “ or war widower’s pension ”;

(b) in paragraph 16(c) M12 after “widow” insert “ or widower ”;

(c) in paragraphs 54 and 55 M13 after “widows” insert “ or widowers ”;

(d) in paragraph 56(1)(a) M14 after “widow” insert “ or widower ”, and

(e) in paragraph 56(1)(b) after “widows” insert “ or widowers ”.

Marginal Citations

M8 The definition “voluntary organisation” was inserted by regulation 17 of S.I. 1995/516.

M9 Head (i) of paragraph 4(a) was amended by regulation 6 of S.I. 1995/2792 and regulation 2 of S.I. 1995/3282.

M10 Head (i) of paragraph (3)(a) was amended by regulation 9 of S.I. 1997/65.

M11 Paragraph 16 was substituted by regulation 6(3) of S.I. 1995/2792.

M12 Paragraph 16(c) was amended by regulation 2(1)(d) and (2) of S.I. 1995/3282.

M13 Paragraphs 54 and 55 were added by regulation 32(3) of S.I. 1994/2139.

M14 Paragraph 56 was added by regulation 32(3) of S.I. 1994/2139.

Jobseeker’s Allowance: Income Disregard

3.—(1) In regulation 1 of the Jobseeker’s Allowance Regulations, after the definition of “war widow’s pension” insert the following definition—

““war widower’s pension” means a pension payable to a man as a widower under any of the enactments mentioned in the definition of “war disablement pension” in respect of death or disablement of any person;”.

(2) In head (i) of regulation 105(10)(a) of the Jobseeker’s Allowance Regulations M15 after “war widows pension” insert “ or war widower’s pension ”.

(3) In head (i) of regulation 113(3)(a) of the Jobseeker’s Allowance Regulations M16 after “war widow’s pension” insert “ or war widower’s pension ”.

(4) In Schedule 7 to the Jobseeker’s Allowance Regulations—

(a) in paragraphs 17(a) and (b) after “widow’s” insert “ or widower’s ”;

(b) in paragraphs 53 and 54 after “widows” insert “ or widowers ”;

(c) in paragraph 55(1)(a) after “widow” insert “ or widower ”, and

(d) in paragraph 55(1)(b) after “widows” insert “ or widowers ”.

Marginal Citations

M15 Paragraph 10 was amended by regulation 2(1)(a) of S.I. 1998/2117.

M16 Paragraph 3(a) was amended by regulation 3(1)(a) of S.I. 1998/2117.

Council Tax Benefit: Income Disregard and Discretionary Disregard

F2 4.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F2 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)

Housing Benefit: Income Disregard and Discretionary Disregard

F2 5.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F2 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)

Income Support and Jobseeker’s Allowance: Amendment to Housing Costs: Linking Rules

6.  In sub-paragraph (13) of paragraph 14 of Schedule 3 to the Income Support Regulations (Housing Costs: Linking rule) M17 and in sub-paragraph (15) of paragraph 13 of Schedule 2 to the Jobseeker’s Allowance Regulations (Housing Costs: Linking rule) M18 after “paragraph 6(1)(a)” insert “ , 6(1)(b) ”.

Marginal Citations

M17 Sub-paragraph (13) was added by regulation 6 of S.I. 2001/488.

M18 Sub-paragraph (15) was added by regulation 12(b) of S.I. 2001/488.

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

Malcolm Wicks

Parliamentary Under-Secretary of State,

Department for Work and Pensions

26th March 2002

Explanatory Note

(This note is not part of the Regulations)

These Regulations amend the Income Support (General) Regulations 1987 (S.I. 1987/1967), the Jobseeker’s Allowance Regulations 1996 (S.I. 1996/207), the Housing Benefit (General) Regulations 1987 (S.I. 1987/1971) and the Council Tax Benefit (General) Regulations 1992 (S.I. 1992/1814) (“the principal sets of regulations”).

In particular, Regulations 2, 3, 4(3) and 5(3) provide for income disregards in respect of war widowers’ pensions under the principal sets of regulations.

Under sections 134 and 139 of the Social Security Administration Act 1992 authorities administering housing and council tax benefit may modify their schemes to provide for disregarding all or any part of a war widow’s pension in calculating a claimant’s income. In respect of both of these benefits, regulations 4(2) and 5(2) will enable them to make corresponding provision in respect of war widowers’ pensions.

Regulation 6 also amends Schedule 3 to the Income Support (General) Regulations and Schedule 2 to the Jobseeker’s Allowance Regulations to extend the 52 week linking provisions to claimants whose housing costs are met in part.

These Regulations do not impose any charge on business.