2017 No. 1187
Social Security

The Social Security (Miscellaneous Amendments No. 5) Regulations 2017

Made
Laid before Parliament
Coming into force in accordance with regulation 1(2)
The Secretary of State makes the following Regulations in exercise of the powers conferred by sections 123(1)(a) and (d), 124(1)(e), 130A(2), 135(1), 136(3), (4) and (5)(b), 136A(3), 137(1) and 175(1) and (3) of the Social Security Contributions and Benefits Act 19921, sections 5(1)(j), 189(1) and (4) and 191 of the Social Security Administration Act 19922, sections 12(1) and (4)(b), 35(1) and 36(2) of the Jobseekers Act 19953, sections 10(6), 79(1) and (4) and 84 of the Social Security Act 19984, paragraphs 4(6), 20(1) and 23(1) of Schedule 7 to the Child Support, Pensions and Social Security Act 20005, sections 2(3)(b), 12(2) and (3), 15(3) and (6)(b) and 17(1) of the State Pension Credit Act 20026 and sections 17(1) and (3)(b), 24 and 25(2) and (3) of the Welfare Reform Act 20077.
The Social Security Advisory Committee has agreed that the proposals in respect of these Regulations should not be referred to it8.
In accordance with section 176(1) of the Social Security Administration Act 19929, the Secretary of State has consulted with organisations appearing to him to be representative of the authorities concerned.

Citation and commencement1.

(1)

These Regulations may be cited as the Social Security (Miscellaneous Amendments No. 5) Regulations 2017.

(2)

These Regulations come into force as follows—

(a)

the following provisions, on 21st December 2017—

(i)

this regulation;

(ii)

regulation 2(2), and regulation 2(1) in so far as it relates to that provision;

(iii)

regulation 5(3), and regulation 5(1) in so far as it relates to that provision;

(iv)

regulation 7(2) and (6), and regulation 7(1) in so far as it relates to those provisions;

(b)

all other provisions, on 6th December 2018.

Amendment of the Income Support (General) Regulations 19872.

(1)

The Income Support (General) Regulations 198710 are amended as follows.

(2)

After paragraph 7 of Schedule 1B (prescribed categories of person)11, insert—

“Certain persons in receipt of the daily living component of personal independence payment7A.

A person who is in receipt of the daily living component of personal independence payment at the enhanced rate but only where, immediately before receiving that benefit, the person was entitled to and in receipt of income support because he or she was treated as incapable of work under regulation 10(2)(a)(i) of the Social Security (Incapacity for Work) (General) Regulations 199512.”.

(3)

In paragraph 17(c) of Schedule 9 (sums to be disregarded in the calculation of income other than earnings: annuities purchased with a loan secured on a dwelling)13, after “the age of 65” insert “or, if it was higher at that time, pensionable age”.

Amendment of the Jobseeker’s Allowance Regulations 19963.

In paragraph 18(c) of Schedule 7 to the Jobseeker’s Allowance Regulations 1996 (sums to be disregarded in the calculation of income other than earnings: annuities purchased with a loan secured on a dwelling)14, after “the age of 65” insert “or, if it was higher at that time, pensionable age”.

Amendment of the Social Security and Child Support (Decisions and Appeals) Regulations 19994.

Omit regulation 7(17B)(b) of the Social Security and Child Support (Decisions and Appeals) Regulations 1999 (date from which superseded decisions take effect)15.

Amendment of the State Pension Credit Regulations 20025.

(1)

The State Pension Credit Regulations 200216 are amended as follows.

(2)

In paragraph 14(7) of Schedule II (non-dependant deductions, persons residing with the claimant)17—

(a)

in sub-paragraph (c), omit the words beginning with “during a period of study” to the end;

(b)

omit sub-paragraph (cc).

(3)

In paragraph 1 of Schedule III (amendment in respect of entitlement for polygamous marriages)18—

(a)

in sub-paragraph (2), in subsection (1)(b) of the provision that applies instead of section 3(1)—

(i)

after “of that section”, insert “has attained pensionable age before 6 April 2016 and”; and

(ii)

after “age of 65”, insert “(before, on or after that date)”;

(b)

after sub-paragraph (7) insert—

“(7A)

The following provision shall apply instead of regulation 7A (limitation of savings credit for certain mixed-age couples)—

“7A.

(1)

This regulation applies if, taking the claimant to be the person in question for the purposes of section 12 (polygamous marriages),—

(a)

the case is one to which that section applies; and

(b)

at least one of the persons falling within subsection (1)(c) of that section had attained pensionable age before 6 April 2016 and at least one of those persons had not.

(2)

Where this regulation applies, the claimant is not entitled to a savings credit unless the claimant—

(a)

has been awarded a savings credit with effect from a day before 6 April 2016 and was entitled to a savings credit immediately before that date; and

(b)

remained entitled to a savings credit at all times since the beginning of 6 April 2016.”.

(4)

In paragraph 10(b) of Schedule IV (amounts to be disregarded in the calculation of income other than earnings: annuities purchased with a loan secured on a dwelling), after “the age of 65” insert “or, if it was higher at that time, pensionable age”.

Amendment of the Housing Benefit Regulations 20066.

In regulation 74(7) of the Housing Benefit Regulations 2006 (exceptions from deductions in respect of non-dependants)19 for “the age of 65” substitute “pensionable age”.

Amendment of the Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 20067.

(1)

The Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 200620 are amended as follows.

(2)

In regulation 31(11)(ba) (treatment of childcare charges: other member of the couple incapacitated)21 for the words beginning with “claimant’s” and ending with “would be” substitute “other member of the couple would be a member of the support group or”.

(3)

In regulation 54 (continuing payments where state pension credit claimed)22—

(a)

in paragraph (1)(c)(i) omit the words beginning with “or, if” and ending with “65”;

(b)

in paragraph (2)(a)(ii) omit “or the age of 65”.

(4)

In regulation 55(7) (exceptions from deductions in respect of non-dependants)23—

(a)

omit sub-paragraphs (c) and (d);

(b)

in sub-paragraph (e), omit the words beginning with “and” and ending with “65”.

(5)

Omit regulation 59(10)(a) (date on which change of circumstances is to have effect)24.

(6)

In regulation 69(6)(c) (duty to notify changes of circumstances)25, after “weeks” insert “or where the absence is from Great Britain, which exceeds or is likely to exceed 4 weeks”.

(7)

In the table in paragraph 1 of Schedule 3 (personal allowances)26—

(a)

in entry (1)—

(i)

omit paragraph (a) in both columns;

(ii)

in paragraph (b) in column (1), for “aged 65 or over” substitute “who has attained pensionable age”;

(b)

in entry (2)–

(i)

omit paragraph (a) in both columns;

(ii)

in paragraph (b) in column (1), for “aged 65 or over” substitute “who have attained pensionable age”;

(c)

omit entry (3);

(d)

in entry (4), for “are aged 65 or over” substitute “have attained pensionable age”.

(8)

In paragraph 11(b) of Schedule 5 (amounts to be disregarded in the calculation of income other than earnings: annuities purchased with a loan secured on a dwelling), after “the age of 65” insert “or, if it was higher at that time, pensionable age”.

Amendment of the Employment and Support Allowance Regulations 20088.

In paragraph 18(c) of Schedule 8 to the Employment and Support Allowance Regulations 2008 (sums to be disregarded in the calculation of income other than earnings: annuities purchased with a loan secured on a dwelling)27, after “the age of 65” insert “or, if it was higher at that time, pensionable age”.

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

Caroline Dinenage
Parliamentary Under Secretary of State
Department for Work and Pensions
EXPLANATORY NOTE
(This note is not part of the Regulations)

These Regulations amend the following social security statutory instruments:

  • The Income Support (General) Regulations 1987 (S.I. 1987/1967);

  • The Jobseeker’s Allowance Regulations 1996 (S.I. 1996/207);

  • The Social Security and Child Support (Decisions and Appeals) Regulations 1999 (S.I. 1999/991);

  • The State Pension Credit Regulations 2002 (S.I. 2002/1792);

  • The Housing Benefit Regulations 2006 (S.I. 2006/213);

  • The Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 2006 (S.I. 2006/214);

  • The Employment and Support Allowance Regulations 2008 (S.I. 2008/794).

Regulation 2(2) amends the Income Support Regulations 1987 to insert a new paragraph 7A into Schedule 1B. This paragraph provides that persons in receipt of the daily living component of personal independence payment at the enhanced rate are a prescribed category of person for the purposes of those Regulations, but only where, immediately before receiving that benefit, the person was entitled to and in receipt of income support because he or she was treated as incapable of work under the Social Security (Incapacity for Work) (General) Regulations 1995 (S.I. 1995/311).

Regulations 2(3), 3, 5(4), 7(8) and 8 amend the Income Support (General) Regulations 1987, the Jobseeker’s Allowance Regulations 1996, the State Pension Credit Regulations 2002, the Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 2006 and the Employment and Support Allowance Regulations 2008 to provide that income received under an annuity purchased with a loan secured on a dwelling may be disregarded where, at the time the loan was made to the person, the person was aged 65 or, if it was higher at that time, pensionable age.

Regulation 4 amends the Social Security and Child Support (Decisions and Appeals) Regulations 1999 to remove reference to the claimant or their partner being aged 65 or over.

Regulations 5(2), 7(4) amend the State Pension Credit Regulations 2002 and the Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 2006 respectively to remove the requirement that exclusions from non-dependant deductions relating to non-dependant students be subject to certain conditions since, with the rising pensionable age, it is no longer relevant to make it a condition that the claimant or partner has attained the age of 65. Regulation 6 makes a similar amendment to the Housing Benefit Regulations 2006 but amends the condition so that the claimant or the claimant’s partner must be of pensionable age.

Regulation 5(3)(a) amends the State Pension Credit Regulations 2002 to provide that in order to be entitled to savings credit, one or more of the parties to a polygamous marriage must have attained pensionable age before 6 April 2016.

Regulation 5(3)(b) amends the State Pension Credit Regulations 2002 to provide a version of regulation 7A (limitations of savings credit) that will apply in relation to polygamous marriages.

Regulation 7(3), (5) and (7) amends the Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 2006 to align the Regulations with the rising pensionable age.

Regulation 7(6) amends the Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 2006 to introduce a requirement that persons likely to be absent from Great Britain for at least 4 weeks must notify the Secretary of State.

An impact assessment has not been provided for this instrument as it has no impact on business or civil society organisations.