The Social Security (Miscellaneous Amendments) Regulations 2006
| Jurisdiction | UK Non-devolved |
| Citation | SI 2006/588 |
| Year | 2006 |
2006 No. 588
SOCIAL SECURITY
The Social Security (Miscellaneous Amendments) Regulations 2006
Made 7th March 2006
Laid before Parliament 10th March 2006
Coming into force in accordance with regulation 1
The Secretary of State for Work and Pensions makes the following Regulations in exercise of the powers conferred by sections 123(1)(a), (d) and (e), 124(1)(e), 131(10)(b), 135(1), 136(5)(a) and (b), 136A(3), 137(1), 138(1)(a) and (4) and 175(1), (3) and (4) of the Social Security Contributions and Benefits Act 19921, sections 5(1)(k), 73(1)(b) and 189(1), (4) and (5) of the Social Security Administration Act 19922, sections 12(4)(a) and (b), 35(1) and 36(2) and (4) of the Jobseekers Act 19953and sections 2(3)(b) and (9), 13(1)(a), 15(1)(j) and 17(1) of the State Pension Credit Act 20024.
The Social Security Advisory Committee has agreed that the proposals in respect of these Regulations should not be referred to it5.
In respect of the provisions in these Regulations relating to housing benefit and council tax benefit, the Secretary of State has consulted with organisations appearing to him to be representative of the authorities concerned6.
Citation and commencement
1.—(1) These Regulations may be cited as the Social Security (Miscellaneous Amendments) Regulations 2006.
(2) Subject to the provisions of this regulation, these Regulations shall come into force on 6th April 2006.
(3) Regulations 1, 5 and 12 shall come into force on 31st March 2006.
(4) Regulations 3(2), 8(2)(d) and (4), 9(4) and 11(4) shall come into force on 1st April 2006.
(5) Regulation 2(4)(a), (b), (c), (e) and (f) shall come into force on 3rd April 2006.
(6) Regulation 7 shall come into force on 9th April 2006.
(7) Regulations 2(4)(d) and 6 shall come into force on 10th April 2006.
(8) Regulation 4(3) and (4) shall come into force on 10th April 2006 immediately after the coming into force of regulation 8(5) of the Social Security (Hospital In-Patients) Regulations 20057.
(9) Regulations 2(2)(a) and (b) and (3)(a), 3(3)(a) and (b) and (4)(a), 8(2)(a) and (3)(a) and 9(2)(a) and (3)(a) shall come into force on 6th April 2006 immediately after the provisions referred to in regulation 1(5) of the Social Security (Miscellaneous Amendments) (No. 2) Regulations 20058.
Amendment of the Income Support (General) Regulations 1987
2.—(1) The Income Support (General) Regulations 19879are amended as follows.
(2) In regulation 42 (notional income)—
(a)
(a) in paragraph (2)(g)10, for “or retirement annuity contract” substitute “, retirement annuity contract or a payment made by the Board of the Pension Protection Fund”;
(b)
(b) in paragraph (2ZA)(a)11for “personal pension scheme or retirement annuity contract” substitute “ a personal pension scheme, a retirement annuity contract or the Board of the Pension Protection Fund”;
(c)
(c) in paragraph (4)(a)(ia)12for “or is a pension or other periodical payment made under a personal pension scheme” substitute “, a pension or other periodical payment made under a personal pension scheme or a payment made by the Board of the Pension Protection Fund”;
(d)
(d) in paragraph (4ZA)(d)13for “or in respect of a pension or other periodical payment made under a personal pension scheme” substitute “, in respect of a pension or other periodical payment made under a personal pension scheme or a payment made by the Board of the Pension Protection Fund”.
(3) In regulation 51(notional capital)—
(a)
(a) in paragraph (2)(da)14after “scheme” insert “or a payment made by the Board of the Pension Protection Fund”;
(b)
(b) in paragraph (3)(a)(ia)15for “or is a pension or other periodical payment made under a personal pension scheme” substitute “, a pension or other periodical payment made under a personal pension scheme or a payment made by the Board of the Pension Protection Fund”;
(c)
(c) in paragraph (3A)(c)16for “or in respect of a pension or other periodical payment made under a personal pension scheme” substitute “, in respect of a pension or other periodical payment made under a personal pension scheme or a payment made by the Board of the Pension Protection Fund”.
(4) The following provisions are revoked—
(a)
(a) regulation 17(1)(g) (applicable amounts)17;
(b)
(b) regulation 18(1)(h) (polygamous marriages)18;
(c)
(c) regulation 71(1)(a)(v) and (d)(iv) (applicable amounts in urgent cases)19;
(d)
(d) paragraph 16A of Schedule 1B (prescribed categories of person)20;
(e)
(e) Schedule 3A (protected sum)21;
(f)
(f) Schedule 3B (protected sum)22.
Amendment of the Jobseeker’s Allowance Regulations 1996
3.—(1) The Jobseeker’s Allowance Regulations 199623are amended as follows.
(2) In regulation 78(3)(a) (circumstances in which a person is to be treated as being or not being a member of the household) for “section 90(1) of the Mental Health (Scotland) Act 1984 (provision of hospitals for patients requiring special security)” substitute “section 102 of the National Health Service (Scotland) Act 197824(state hospitals)”.
(3) In regulation 105 (notional income)—
(a)
(a) in paragraph (2)(g)25for “or occupational pension scheme” substitute “, occupational pension scheme or a payment made by the Board of the Pension Protection Fund”;
(b)
(b) in paragraph (2B)(a)26for “or personal pension scheme” substitute “ a personal pension scheme or the Board of the Pension Protection Fund”;
(c)
(c) in paragraph (10)(a)(ia)27for “or is a pension or other periodical payment made under a personal pension scheme” substitute “, a pension or other periodical payment made under a personal pension scheme or a payment made by the Board of the Pension Protection Fund”;
(d)
(d) in paragraph (10A)(d)28for “or in respect of a pension or other periodical payment made under a personal pension scheme” substitute “, in respect of a pension or other periodical payment made under a personal pension scheme or a payment made by the Board of the Pension Protection Fund”.
(4) In regulation 113 (notional capital)—
(a)
(a) in paragraph (2)(da)29after “scheme” insert “or a payment made by the Board of the Pension Protection Fund”;
(b)
(b) in paragraph (3)(a)(ia)30for “or is a pension or other periodical payment made under a personal pension scheme” substitute “, a pension or other periodical payment made under a personal pension scheme or a payment made by the Board of the Pension Protection Fund”;
(c)
(c) in paragraph (3A)(c)31for “or in respect of a pension or other periodical payment made under a personal pension scheme” substitute “, in respect of a pension or other periodical payment made under a personal pension scheme or a payment made by the Board of the Pension Protection Fund”.
Amendment of the State Pension Credit Regulations 2002
4.—(1) The State Pension Credit Regulations 200232are amended as follows.
(2) At the end of regulation 15(5) (income for the purposes of the Act), add—
“(k)
“(k) PPFPPF periodic payments33.”.
(3) In Schedule 1, Part 3 (amount applicable for former claimants of income support or income-related jobseeker’s allowance) for paragraph 6(9)(b) substitute—
“(b)
“(b) any amount by which the appropriate minimum guarantee of a patient is increased on 10th April 2006 by virtue of the substitution of paragraph 234of Schedule 3.”.
(4) In paragraph 2 of Schedule 3 (further provisions in the case of patients), in sub-paragraph (2)(a), after “in paragraph (a)” add “, and nil is the prescribed additional amount for the purposes of paragraph (b)”.
Amendment of the Housing Benefit and Council Tax Benefit (Miscellaneous Amendments) (No.3) Regulations 2005
5. Regulation 3(12) of the Housing Benefit and Council Tax Benefit (Miscellaneous Amendments) (No.3) Regulations 200535is revoked.
Amendment of the Social Fund Maternity and Funeral Expenses (General) Regulations 2005
6. For sub-paragraph (b) of regulation 8(2) of the Social Fund Maternity and Funeral Expenses (General) Regulations 200536(funeral payments: supplementary) substitute—
“(b)
“(b) a qualifying young person within the meaning of section 142 of the Act (child and qualifying young person)37;”.
Amendment of the Social Security (Hospital In-Patients) Regulations 2005
7. In regulation 2(3)(b) of the Social Security (Hospital In-Patients) Regulations 200538(hospital in-patients entitled to an increase in benefit for a dependant) for “or the beneficiary” substitute “of the beneficiary”.
Amendment of the Housing Benefit Regulations 2006
8.—(1) The Housing Benefit Regulations 200639are amended as follows.
(2) In regulation 42 (notional income)—
(a)
(a) in paragraph (2)(c) for “or retirement annuity contract” substitute “, retirement annuity contract or a payment made by the Board of the Pension Protection Fund”;
(b)
(b) in paragraph (6)(a) for “or is a pension or other periodical payment made under a personal pension scheme” substitute “, a pension or other periodical payment made under a personal pension scheme or a payment made by the Board of the Pension Protection Fund”;
(c)
(c) in paragraph (7)(d) for “or in respect of a pension or other periodical payment made under a personal pension scheme” substitute “, in respect of a pension or other periodical payment made under a personal pension scheme or a payment made by the Board of the Pension Protection Fund”;
(d)
(d) in paragraph (8)(a) after “regulation 80(2)(b)” insert “or (c)”.
(3) In regulation 49 (notional capital)—
(a)
(a) in paragraph (2)(d) for “or retirement annuity contract” substitute “, retirement annuity...
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