2008 No. 2365
The Social Security (Miscellaneous Amendments) (No. 3) Regulations 2008
Made
Laid before Parliament
Coming into force
The Secretary of State for Work and Pensions, in exercise of the powers conferred by sections 30C(3), 30 DD(4), 30E(1), 171D(2), 171G(2) and 175(1) of, and paragraph 2(3) of Schedule 7 to, the Social Security Contributions and Benefits Act 19921, section 189(4) of Social Security Administration Act 19922, sections 1A(3), 30(4) and 57(2) of the Social Security (Recovery of Benefits ) Act 1997 3 and sections 47(1)(a), (2)(a) and (3)(e) and 53 of the Child Maintenance and Other Payments Act 20084 makes the following Regulations:
The Social Security Advisory Committee and the Industrial Injuries Advisory Council have agreed that the proposals in respect of regulation 2, 3, 4 and 6 of these Regulations should not be referred to them 5.
Citation and commencement1
These Regulations may be cited as the Social Security (Miscellaneous Amendments) (No. 3) Regulations 2008 and shall come into force on 1st October 2008.
Amendment of the Social Security (General Benefit) Regulations 19822
In regulation 16 of the Social Security (General Benefit) Regulations 19826 (earnings level for the purpose of unemployability supplement) for “£4,602” substitute “£4,784”.
Amendment of the Social Security (Incapacity Benefit) Regulations 19943
1
The Social Security (Incapacity Benefit) Regulations 19947 are amended as follows.
2
In regulation 8 (limit of earnings from councillor’s allowance) for “£88.50” substitute “£92.00”.
3
In regulation 21 (disregard of certain pension payments) after sub-paragraph (b) omit “or” and after sub-paragraph (c) add—
Amendment of the Social Security (Incapacity for Work) (General) Regulations 19954
1
The Social Security (Incapacity for Work) (General) Regulations 199510 are amended as follows.
2
In regulation 17 (exempt work)—
a
in paragraphs (3) and (4) for “£88.50” substitute “£92.00”; and
b
in paragraph (7) for “Duties undertaken on not more than one day a week” substitute “Duties undertaken on either one full day or two half days a week”.
Amendment of the Mesothelioma Lump Sum Payments (Conditions and Amounts) Regulations 20085
In regulation 2(1) of the Mesothelioma Lump Sum Payments (Conditions and Amounts) Regulations 200811 for subparagraph (c) substitute—
c
payment from any government department, authority, body corporate or employer exempted from insurance by or under section 3 of the Employers’ Liability (Compulsory Insurance) Act 196912 or Article 7 of the Employers’ Liability (Defective Equipment and Compulsory Insurance) (Northern Ireland) Order 197213.
Amendment of the Social Security (Recovery of Benefits) (Lump Sum Payments) Regulations 20086
1
The Social Security (Recovery of Benefits) (Lump Sum Payments) Regulations 200814 are amended as follows.
2
In regulation 9(5) (information contained in certificates) for “paragraph (3)” substitute “paragraph (4)”.
3
For paragraph 6 of Schedule 1 (modification of the Social Security (Recovery of Benefits ) Act 1997) substitute—
6
Where this Schedule applies, section 13 (appeal to Social Security Commissioner) is to apply as if in—
a
subsection (2)(b) there were omitted “of recoverable benefits” ;
b
subsection (2)(bb) for “section 7(2)(a)” there were substituted “regulation 11(2)(a) of the Lump Sum Payment Regulations”; and
c
subsection (2)(c) for “section 8) the injured person” there were substituted “regulation 12 of the Lump Sum Payments Regulations).
4
In paragraph 1(b) of Schedule 2 (amendment of the Social Security and Child Support (Decisions and Appeals) Regulations 1999), in the inserted regulation 9ZA (Review of certificates) for paragraph 2(b) substitute—
“certificate” means a certificate of recoverable lump sum payments, including where any of the amounts is nil;
5
In paragraph 1(2)(c)(ii) of Schedule 2 for “regulation 14” substitute “regulation 13”.
6
For paragraph 1(2)(e) of Schedule 2 substitute—
e
in regulation 33 (making of appeals and applications)—
i
in paragraph (1)(d) after “recoverable benefits” insert “, recoverable lump sum payments”;
ii
in paragraph (2)(a) after “recoverable benefits” insert “or, as the case maybe, recoverable lump sum payments”.
Signed by authority of the Secretary of State for Work and Pensions.
(This note is not part of the Regulations)