2006 No. 1069
SOCIAL SECURITY

The Social Security (PPF Payments and FAS Payments) (Consequential Amendments) Regulations 2006

Made
Laid before Parliament
Coming into force
The Secretary of State for Work and Pensions makes the following Regulations in exercise of the powers conferred by sections 30DD(1)(c), 89(1), (1A) and (2), 122(1) and 175(1), (3) and (4) of the Social Security Contributions and Benefits Act 19921 and sections 4(1)(b), 35(1) and 36(1) to (4) of the Jobseekers Act 19952.
The Social Security Advisory Committee has agreed that the proposals in respect of these Regulations should not be referred to it3.

Citation, commencement and interpretation1.

(1)

These Regulations may be cited as the Social Security (PPF Payments and FAS Payments) (Consequential Amendments) Regulations 2006 and shall come into force on 5th May 2006.

(2)

In these Regulations—

“the Dependency Regulations” means the Social Security Benefit (Dependency) Regulations 19774;
“the Incapacity Benefit Dependency Regulations” means the Social Security (Incapacity Benefit - Increases for Dependants) Regulations 19945;
“the Incapacity Benefit Regulations” means the Social Security (Incapacity Benefit) Regulations 19946; and
“the Jobseeker’s Regulations” means the Jobseeker’s Allowance Regulations 19967.

Amendment of the Dependency Regulations2.

(1)

The Dependency Regulations are amended in accordance with this regulation.

(2)

In regulation 9A8 (apportionment of payments by way of occupational pension made otherwise than weekly), for the words from “For the purposes” to “by way of occupational or personal pension” substitute—
  • “For the purposes of section 89(1) of, and paragraph 7(1) of Schedule 7 to, the Contributions and Benefits Act, where payment by way of occupational or personal pension, or for the purposes of section 89(1A) of that Act by way of PPF periodic payment9,”.

(3)

In Schedule 210 (prescribed circumstances for increase of a carer’s allowance) in paragraph 9(1)11 after “occupational or personal pension” insert “or PPF periodic payment”.

Amendment of the Incapacity Benefit Dependency Regulations3.

In regulation 11 of the Incapacity Benefit Dependency Regulations (apportionment of payments by way of occupational or personal pension made otherwise than weekly), after “occupational or personal pension” in both places where those words appear insert “or PPF periodic payment”.

Amendment of the Incapacity Benefit Regulations4.

(1)

The Incapacity Benefit Regulations are amended in accordance with this regulation.

(2)

In regulation 2112 (disregard of certain pension payments)—

(a)

after “reduction for pension payments” insert “and PPF periodic payments13”; and

(b)

after paragraph (a) insert—

“(aa)

any PPF periodic payment made to a person as a beneficiary on the death of a person entitled to such a payment;”.

(3)

In regulation 22 (date from which pension payment is to be taken into account)—

(a)

after “reduction for pension payments” insert “and PPF periodic payments”; and

(b)

after “pension payment” insert “or PPF periodic payment”.

(4)

In regulation 23 (date from which the change in the rate of pension takes effect)—

(a)

after “Where pension payments” insert “or PPF periodic payments”; and

(b)

after “pension payment” insert “or PPF periodic payment”.

(5)

In regulation 24 (pension payment made other than weekly)—

(a)

in paragraphs (1) and (2) after “pension payment” in each place where those words appear insert “or PPF periodic payment”;

(b)

in paragraph (1) after “weekly pension payments” insert “or weekly PPF periodic payments”; and

(c)

in paragraph (3)—

(i)

after “weekly pension payment” insert “or weekly PPF periodic payment”;

(ii)

after “pension payments” insert “or PPF periodic payments”; and

(iii)

after “pension payment” insert “ or PPF periodic payment”.

Amendment of the Jobseeker’s Regulations5.

In regulation 8114 of the Jobseeker’s Regulations (payments by way of pensions)—

(a)

in paragraphs (1), (1A), (1B) and (2) after “pension payments” in each place where those words appear insert “, PPF payments or FAS payments”;

(b)

in paragraph (2)(c) after “question” insert—

  • “; and

    1. (a)
      any PPF payments or FAS payments15 which are payable to him and which arose on the death of a person who had an entitlement to such payments”; and

(c)

in paragraph (3)—

(i)

after “pension payment” insert “, PPF payment or FAS payment”; and

(ii)

after “weekly pension payments” insert “, weekly PPF payments or weekly FAS payments”.

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

Stephen C. Timms
Minister of State,
Department for Work and Pensions
(This note is not part of the Regulations)

These Regulations amend the Social Security Benefit (Dependency) Regulations 1977 (S.I. 1977/343), the Social Security (Incapacity Benefit - Increases for Dependants) Regulations 1994 (S.I. 1994/2945) and the Social Security (Incapacity Benefit) Regulations 1994 (S.I. 1994/2946) (collectively known as “the Principal Regulations”). They also amend the Jobseeker’s Allowance Regulations 1996 (S.I. 1996/207).

Regulations 2 to 4 amend the Principal Regulations to allow Pension Protection Fund (“PPF”) periodic payments to be included in the calculation of entitlement to benefit in the same way as pension payments are included.

Regulation 5 amends the Jobseeker’s Allowance Regulations 1996 to allow PPF payments or Financial Assistance Scheme (“FAS”) payments to be included in the calculation of entitlement to contribution-based jobseeker’s allowance in the same way as pension payments are included. It further provides for PPF payments or FAS payments to be disregarded where they are made to the survivor of a person entitled to such payments, in the same circumstances as pension payments would be.

A full regulatory impact assessment has not been produced for this instrument as it has no impact on the costs of business, charities or the voluntary sector.