The Social Security (Miscellaneous Amendments) Regulations 2007

JurisdictionUK Non-devolved
CitationSI 2007/719

2007 No. 719

social security

The Social Security (Miscellaneous Amendments) Regulations 2007

Made 7th March 2007

Laid before Parliament 9th March 2007

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), 130(2), 135(1) and (2), 136(3), (5)(a) to (c), 137(1) and 175(1) to (4) of the Social Security Contributions and Benefits Act 19921,

sections 5(1)(a), 6(1)(a), 189(1), (3) to (5) and 191 of the Social Security Administration Act 19922,

sections 1(2C), 4(5) and (12), 12(1), (2), (4)(a) to (c), 35(1) and 36(1), (2) and (4) of the Jobseeker’s Act 19953, and

sections 2(3)(b) and (7), 17(2)(b) 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.

S-1 Citation, commencement and interpretation

Citation, commencement and interpretation

1.—(1) These Regulations may be cited as the Social Security (Miscellaneous Amendments) Regulations 2007.

(2) This regulation and regulations 2(1), (3) to (6), (7)(b)(ii) and (e), (8)(a), (9) and 3(1), (3) to (7), (8)(d) and (j), (9)(a), (11) and 4, 6 to 9 shall come into force on 2nd April 2007.

(3) Subject to paragraphs (4) and (5), regulations 2(8)(c), 3(9)(c) and 5 shall come into force on 8th April 2007.

(4) Regulations 2(8)(c) and 3(9)(c) shall come into force immediately after regulation 5.

(5) Regulations 2(8)(c), 3(9)(c) and 5, in so far as they relate to a particular beneficiary, shall not apply on any day in a benefit week to commence for that beneficiary before 9th April 2007.

(6) Subject to paragraphs (7) and (8), regulations 2(2), (7)(a), (b)(i) and (iii), (c), (d) and (f) to (h), (8)(b) and (d) and 3(2), (8)(a) to (c) and (e) to (i), (k) and (l), (9)(b) and (10) in so far as they relate to a particular beneficiary, shall come into force on the first day of the first benefit week to commence for that beneficiary on or after 9th April 2007.

(7) Regulation 2(7)(a) to (h), in so far as it relates to a particular beneficiary, shall come into force immediately after article 16 of the Uprating Order 2007 comes into force.

(8) Regulation 3(8)(a), (g) and (l) in so far as it relates to a particular beneficiary, shall come into force immediately after article 24 of the Uprating Order 2007 comes into force.

(9) In this regulation—

“benefit week” has the same meaning as in—

(a) regulation 2(1) of the Income Support (General) Regulations 19877so far as it relates to regulations 2 and 5(2), and

(b) regulation 1(3) of the Jobseeker’s Allowance Regulations 19968so far as it relates to regulations 3 and 5(3);

“the Uprating Order 2007” means the Social Security Benefits Uprating Order 20079.

S-2 Amendment of the Income Support (General) Regulations 1987

Amendment of the Income Support (General) Regulations 1987

2.—(1) The Income Support (General) Regulations 1987 are amended as follows.

(2) In regulation 2(1) (interpretation) at the appropriate place insert the following definition—

““long-term patient” means a person who—

(a) is a patient within the meaning of regulation 21(3); and

(b) has been such a patient for a continuous period of more than 52 weeks;”.

(3) For regulation 42(2)(i) (notional income)10substitute—

“(i)

“(i) any sum to which paragraph 44(2)(a) of Schedule 10 (capital to be disregarded) applies which is administered in the way referred to in paragraph 44(1)(a);

(ia)

(ia) any sum to which paragraph 45(a) of Schedule 10 refers; or”.

(4) In regulation 51 (notional capital)—

(a)

(a) for paragraph (1)(c)11substitute—

“(c)

“(c) any sum to which paragraph 44(2)(a) of Schedule 10 (capital to be disregarded) applies which is administered in the way referred to in paragraph 44(1)(a);

(d)

(d) any sum to which paragraph 45(a) of Schedule 10 refers.”;

(b)

(b) for paragraph (2)(e)12substitute—

“(e)

“(e) any sum to which paragraph 44(2)(a) of Schedule 10 (capital to be disregarded) applies which is administered in a way referred to in paragraph 44(1)(a); or

(f)

(f) any sum to which paragraph 45(a) of Schedule 10 refers,”.

(5) In regulation 66B (treatment of payments from access funds)13

(a)

(a) in paragraph (3)14omit “(which has the same meaning as in paragraph 15(2) of Schedule 9)”;

(b)

(b) after that paragraph insert—

S-3A

“3A In paragraph (3) “ordinary clothing or footwear” means clothing or footwear for normal daily use, but it does not include—

(a) school uniforms, or

(b) clothing or footwear used solely for sporting activities.”.

(6) In regulation 68 (income treated as capital)15

(a)

(a) in paragraph (3) omit “(which has the same meaning as in paragraph 15(2) of Schedule 9)”;

(b)

(b) after that paragraph insert—

S-4

“4 In paragraph (3) “ordinary clothing or footwear” means clothing or footwear for normal daily use, but it does not include—

(a) school uniforms, or

(b) clothing or footwear used solely for sporting activities.”.

(7) In Schedule 2 (applicable amounts)—

(a)

(a) in paragraph 1(1)(c) and (2)(c) (personal allowances) for “paragraph 11(a)” substitute “paragraph 11(1)(a)”;

(b)

(b) in paragraph 10 (higher pensioner premium)16

(i) in sub-paragraph (1)17for “The” substitute “Subject to sub-paragraph (6), the”;

(ii) in sub-paragraph (4)18omit “, (2)(b)(ii)”;

(iii) after sub-paragraph (5) insert—

S-6

“6 The condition is not satisfied if the claimant’s partner to whom sub-paragraph (1) refers is a long-term patient.”;

(c)

(c) in paragraph 11 (disability premium)19

(i) the existing provisions of paragraph 11 become sub-paragraph (1) of that paragraph;

(ii) at the beginning of that sub-paragraph, for “The” substitute “Subject to sub-paragraph (2), the”;

(iii) after that sub-paragraph, insert—

S-2

“2 The condition is not satisfied if—

(a) the claimant is a single claimant or a lone parent and (in either case) is a long-term patient;

(b) the claimant is a member of a couple or polygamous marriage and each member of the couple or polygamous marriage is a long-term patient; or

(c) the claimant is a member of a couple or a polygamous marriage and a member of that couple or polygamous marriage is—

(i) a long-term patient; and

(ii) the only member of the couple or polygamous marriage to whom sub-paragraph (1)(b) refers.”;

(d)

(d) in paragraph 12(1) (additional condition for the higher pensioner and disability premium)20

(i) in sub-paragraph (b)(ii)(bb) for “paragraphs 2A and 2B” substitute “paragraph 2A”;

(ii) in sub-paragraph (d) omit “or 2B”;

(e)

(e) in paragraph 13(3ZA) (severe disability premium)21, for “the date on which the award is made” substitute “the date on which the award is first paid”.

(f)

(f) for paragraph 13A(2) (enhanced disability premium)22substitute—

S-2

“2 The condition is not satisfied if the person to whom sub-paragraph (1) refers is—

(a) a child or young person—

(i) whose capital if calculated in accordance with Part 5 of these Regulations in like manner as for the claimant, except as provided in regulation 44(1), would exceed £3,000; or

(ii) who is a long-term patient;

(b) a single claimant or a lone parent and (in either case) is a long-term patient;

(c) a member of a couple or polygamous marriage and each member of the couple or polygamous marriage is a long-term patient; or

(d) a member of a couple or polygamous marriage who—

(i) is a long-term patient; and

(ii) is the only member of the couple or polygamous marriage to whom sub-paragraph (1) refers.”;

(g)

(g) for paragraph 14 (disabled child premium)23substitute—

S-14

Disabled Child Premium

14.—(1) Subject to sub-paragraph (2), the condition is that where the child or young person for whom the claimant or a partner of his is responsible and who is a member of the claimant’s household is—

(a)

(a) in receipt of disability living allowance or is no longer in receipt of that allowance because he is a patient provided that the child or young person continues to be a member of the family; or

(b)

(b) blind or treated as blind within the meaning of paragraph 12(1)(a)(iii) and (2).

(2) The condition is not satisfied in respect of a child or young person—

(a)

(a) whose capital, if calculated in accordance with Part 5 of these Regulations in like manner as for the claimant, except as provided in regulation 44(1), would exceed £3,000; or

(b)

(b) who is a long-term patient.”;

(h)

(h) in paragraph 15(4) (weekly amounts of premiums specified in Part 3)—

(i) in sub-paragraph (a) for “paragraph 11(a)” substitute “paragraph 11(1)(a)”;

(ii) in sub-paragraph (b) for “paragraph 11(b)” substitute “paragraph 11(1)(b)”.

(8) In Schedule 7 (applicable amounts in special cases) —

(a)

(a) in the heading, for “Regulation 21” substitute “Regulations 21 and 21AA”;

(b)

(b) omit paragraph 2B in Columns (1) and (2)24;

(c)

(c) omit paragraph 3 in Columns (1) and (2)25;

(d)

(d) in paragraph 19, in Columns (1) and (2), for “paragraph 11(b)” substitute “paragraph 11(1)(b)”.

(9) In paragraph 30A(1)26of Schedule 9 (sums to be disregarded in the calculation of income other than earnings), for “whether or not the payment is charitable or voluntary” substitute “except a charitable or voluntary payment disregarded under paragraph 15”.

S-3 Amendment of the Jobseeker’s Allowance Regulations 1996

Amendment of the Jobseeker’s Allowance Regulations 1996

3.—(1) The Jobseeker’s Allowance Regulations 1996 are amended as follows.

(2) In regulation 1(3) (interpretation) at the appropriate place insert the following definition—

““long-term patient” means a person who—

(a) is a patient within the meaning of regulation 85(4); and

(b) has been such a patient for a continuous period of more than 52...

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