The Social Security (Miscellaneous Amendments) (No.6) Regulations 2008
| Jurisdiction | UK Non-devolved |
| Citation | SI 2008/2767 |
| Year | 2008 |
2008 No. 2767
Social Security
The Social Security (Miscellaneous Amendments) (No.6) Regulations 2008
Made 17th October 2008
Laid before Parliament 24th October 2008
Coming into force in accordance with regulation 1
The Secretary of State for Work and Pensions makes the following Regulations in the exercise of the powers conferred by—
sections 123(1)(a), (d) and (e), 124(1)(e), 130(4), 130A(2), 131(3)(b), (7)(b) and (10), 135(1), 136(3), (4) and (5)(a) to (c), 136A(3), 137(1), (2)(b) and (h) and 175(1) to (4) of the Social Security Contributions and Benefits Act 19921,
sections 5(1)(h) and (p), 6(1)(h) and (k), 189(1) and (3) to (5) of the Social Security Administration Act 19922,
sections 4(5), 12(1) to (3) and (4)(a) to (c), 35(1) and 36(1), (2) and (4) and paragraphs 1(2)(a), 3(b) and 11(2) of Schedule 1 to the Jobseekers Act 19953,
sections 1(5)(a), 2(3)(b) and (6), 15(3) and (6)(b), 17(1) and 19(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 the organisations appearing to him to be representative of the authorities concerned6.
Citation, commencement and interpretation
1.—(1) These Regulations may be cited as the Social Security (Miscellaneous Amendments) (No.6) Regulations 2008.
(2) Subject to paragraph (3), these Regulations shall come into force on 17th November 2008.
(3) Regulations 7(7) and 8(7) shall come into force on 6th April 2009.
Amendment of the Income Support (General) Regulations 1987
2.—(1) The Income Support (General) Regulations 19877are amended as follows.
(2) In regulation 2(1) (interpretation)—
(a)
(a) omit the following definitions—
(i) “community charge benefit”8;
(ii) “the Independent Living (Extension) Fund”9;
(iii) “the Independent Living Fund”10;
(iv) “the Independent Living (1993) Fund”11;
(v) “the Independent Living Funds”12;
(b)
(b) at the appropriate places insert the following definitions—
““Health Service Act” means the National Health Service Act 200613;
“Health Service (Wales) Act” means the National Health Service (Wales) Act 200614;”;
(c)
(c) in the definition of “non-dependant deduction” for “11” substitute “18”;
(d)
(d) in the definition of “youth training scheme or youth training”15omit “youth training scheme or”.
(3) In regulation 4 (temporary absence from Great Britain), for sub-paragraph (3A)(b)16substitute—
“(b)
“(b) that period of temporary absence is for the purpose of the claimant receiving treatment at a hospital or other institution outside Great Britain where the treatment is being provided—
(i) under section 6(2) of the Health Service Act (performance of functions outside England) or section 6(2) of the Health Service (Wales) Act (performance of functions outside Wales);
(ii) pursuant to arrangements made under section 12(1) of the Health Service Act (Secretary of State’s arrangements with other bodies), section 10(1) of the Health Service (Wales) Act (Welsh Minister’s arrangements with other bodies), paragraph 18 of Schedule 4 to the Health Service Act (joint exercise of functions) or paragraph 18 of Schedule 3 to the Health Service (Wales) Act (joint exercise of functions); or
(iii) under any equivalent provision in Scotland or pursuant to arrangements made under such provision.”.
(4) In regulation 3117(date on which income is treated as paid)—
(a)
(a) in paragraph (1) for “(2) or (3) applies” substitute “(2) to (4) apply”;
(b)
(b) in paragraph (3)—
(i) for “Working tax credit or child tax credit” substitute “Subject to paragraph (4), working tax credit”;
(ii) omit sub-paragraph (c) and the preceding “or”;
(c)
(c) after paragraph (3) add—
“4 Where working tax credit is paid by virtue of regulation 7D (ceasing to undertake work or working less than 16 hours a week) of the Working Tax Credit (Entitlement and Maximum Rate) Regulations 200218, it shall be treated as paid on the first day of the benefit week in which that award of tax credit begins; but this paragraph shall only apply until the last day of the last benefit week that coincides with or precedes the last day for which tax credit is awarded under that regulation.”.
(5) In regulation 32(1)19(calculation of weekly amount of income)—
(a)
(a) after “other than earnings)” insert “ and regulation 31(3) (date on which income is treated as paid)” and after “a payment” insert “of income or tax credit”;
(b)
(b) for sub-paragraph (b)(iii) substitute—
“(iii)
“(iii) in a case where that period is a year and the payment is an award of working tax credit, by dividing the payment by the number of days in the year and multiplying the result by 7;
(iiia)
(iiia) in a case where that period is a year and the payment is income other than an award of working tax credit, by dividing the amount of the payment by 52;”.
(6) In—
(a)
(a) regulation 42(4ZA)(a)20(notional income),
(b)
(b) regulation 48(10)(c)21(income treated as capital),
(c)
(c) regulation 51(3A)(a)22(notional capital),
(d)
(d) regulation 72(1)(a)(i)23(assessment of income and capital in urgent cases),
(e)
(e) paragraph 18(8)(b) of Schedule 324(housing costs),
(f)
(f) paragraphs 21(2)25and 39(1)26of Schedule 9 (sums to be disregarded in the calculation of income other than earnings),
(g)
(g) paragraph 22(1) of Schedule 1027(capital to be disregarded),
for “Funds” substitute “Fund (2006)”.
(7) In regulation 42(4A)28(notional income) after “partner in that home” insert “or hospital”.
(8) In regulation 51A29(diminishing notional capital rule) omit sub-paragraph (3)(c).
(9) In regulation 61(1) (interpretation)—
(a)
(a) in the definition of “contribution”30for “Further and Higher Education (Scotland) Act 1992”31substitute “Education (Scotland) Act 1980”32;
(b)
(b) for the definition of “sandwich course”33substitute—
““sandwich course” has the meaning prescribed in regulation 2(9) of the Education (Student Support) Regulations 200834, regulation 4(2) of the Education (Student Loans) (Scotland) Regulations 200735, regulation 2(8) of the Education (Student Support) Regulations (Northern Ireland) 200736;”;
(c)
(c) in paragraph (c) of the definition of “standard maintenance grant”37omit “and paid under the Further and Higher Education (Scotland) Act 1992”.
(10) In regulation 66A38(treatment of student loans)—
(a)
(a) in paragraph (1) omit “unless it is a hardship loan in which case it shall be disregarded”;
(b)
(b) omit paragraph (1A).
(11) In Schedule 3 (housing costs)—
(a)
(a) in paragraph 3(11)(c)(i)(bb)39(circumstances in which a person is to be treated as occupying a dwelling as his home) for “section 9 of Criminal Justice and Court Services Act 2000”40substitute “section 13 of the Offender Management Act 200741”;
(b)
(b) in paragraphs 4(10)(b) (housing costs not met) for “children” substitute “persons” and for “who belong to the same family as the claimant” substitute “but under the age of 20 who live with the claimant and for whom the claimant or the claimant’s partner is responsible”;
(c)
(c) in paragraph 14(3) (linking rule) after “that section” insert “or under the Enterprise and New Towns (Scotland) Act 199042”;
(d)
(d) and 16(2)(l) (loans for repairs and improvements to the dwelling occupied as the home) for “children” substitute “persons” and for “who are part of the same family as the claimant” substitute “but under the age of 20 who live with the claimant and for whom the claimant or the claimant’s partner is responsible”;
(e)
(e) in paragraph 18(7)(b) (non-dependant deductions) for “a Youth Training Scheme” substitute “youth training”.
(12) In Schedule 9 (sums to be disregarded in the calculation of income other than earnings) omit paragraph 4543.
(13) In paragraph 29 of Schedule 1044(capital to be disregarded) omit “, the Independent Living (1993) Fund”.
Amendment of the Social Security (Claims and Payments) Regulations 1987
3.—(1) The Social Security (Claims and Payments) Regulations 198745are amended as follows.
(2) In Schedule 9 (deductions from benefit and direct payment to third parties)—
(a)
(a) in sub-paragraph 1(1) (interpretation)—
(i) in the definition of “hostel”46for sub-paragraph (b)(ii) substitute—
“(ii)
“(ii) managed or owned by a registered social landlord which is registered in accordance with Part 3 of the Housing (Scotland) Act 2001;”;
(ii) in the definition of “housing authority”47omit “Scottish Homes”;
(b)
(b) in paragraph 9(1B)(a)48(priority as between certain debts) after “paragraph 3 (housing costs)” add “, paragraph 4 (miscellaneous accommodation costs) or paragraph 4A (hostel payments)”.
Amendment of the Jobseeker’s Allowance Regulations 1996
4.—(1) The Jobseeker’s Allowance Regulations 199649are amended as follows.
(2) In regulation 1(3) (citation, commencement and interpretation)—
(a)
(a) at the appropriate places insert the following definitions—
““Health Service Act” means the National Health Service Act 2006;
“Health Service (Wales) Act” means the National Health Service (Wales) Act 2006;”;
(b)
(b) omit the following definitions—
(i) “the Independent Living (Extension) Fund”;
(ii) “the Independent Living Fund”;
(iii) “the Independent Living (1993) Fund”;
(iv) “the Independent Living Funds”50;
(c)
(c) for the definition of “sandwich course” substitute—
““sandwich course” has the meaning prescribed in regulation 2(9) of the Education (Student Support) Regulations 2008, regulation 4(2) of the Education (Student Loans) (Scotland) Regulations 2007, regulation 2(8) of the Education (Student Support) Regulations (Northern Ireland) 2007;”.
(3) In regulation 50 (persons temporarily absent from Great Britain) for...
To continue reading
Request your trial