The Social Security (Miscellaneous Amendments) (No. 5) Regulations 2007

JurisdictionUK Non-devolved

2007 No. 2618

social security

The Social Security (Miscellaneous Amendments) (No. 5) Regulations 2007

Made 6th September 2007

Laid before Parliament 10th September 2007

Coming into force in accordance with regulation 1

The Secretary of State for Work and Pensions makes the following Regulations in the exercise of powers conferred by—

sections 30C(3), 30E(1), 70(8), 123(1)(a), (d) and (e), 130(2), 135(1) and (2), 136(3), (5)(a) to (c), 136A(3), 137(1) and (2)(d) and (h), 171D, 171G(2), 175(1) to (4) of, and paragraph 2(3) of Schedule 7 to, the Social Security Contributions and Benefits Act 19921,

sections 5(1)(a), (g), (hh), (i) and (q), 6(1)(a), (g), (hh), (i) and (q) and 189(1), (3) and (5) of the Social Security Administration Act 19922,

sections 4(5) and (12), 12(1), (2), (4)(a) to (c), 19(8), 20A(9), 35(1) and 36(1), (2) and (4) of, and paragraph 1(2)(a) of Schedule 1 to, the Jobseekers Act 19953,

paragraphs 4(6), 20(1)(b) and 23(1) of Schedule 7 to the Child Support, Pensions and Social Security Act 20004, and

sections 2(6), 15(3) and (6)(a), 17(1) and 19(1) of the State Pension Credit Act 20025.

The Social Security Advisory Committee6and the Industrial Injuries Advisory Council7have agreed that the proposals in respect of these Regulations should not be referred to them.

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 concerned8.

S-1 Citation, commencement and interpretation

Citation, commencement and interpretation

1.—(1) These Regulations may be cited as the Social Security (Miscellaneous Amendments) (No. 5) Regulations 2007 and, subject to paragraphs (2) to (4), shall come into force on 1st October 2007.

(2) Regulations 5(12) and 8(15), 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 7th April 2008.

(3) Regulation 11(12) shall come into force—

(a)

(a) in relation to any case where rent is payable at intervals of a whole number of weeks, on 7th April 2008;

(b)

(b) in any other case, on 1st April 2008.

(4) Regulation 13(10) shall come into force on 1st April 2008.

(5) In this regulation—

“benefit week” has the same meaning as in—

(a) regulation 2(1) of the Income Support (General) Regulations 19879, so far as it relates to regulation 5(12), and

(b) regulation 1(3) of the Jobseeker’s Allowance Regulations 199610, so far as it relates to regulation 8(15).

S-2 Revocations

Revocations

2. The provisions specified in column 1 of the Schedule to these Regulations are revoked to the extent specified in column 3 of that Schedule.

S-3 Amendment of the Social Security (Invalid Care Allowance) Regulations 1976

Amendment of the Social Security (Invalid Care Allowance) Regulations 1976

3.—(1) The Social Security (Invalid Care Allowance) Regulations 197611are amended as follows.

(2) In regulation 8(1) (circumstances in which a person is or is not to be treated as gainfully employed), for the words “an amount equal to the lower earnings limit in force by virtue of regulations under section 5 of the Contributions and Benefits Act on the last day of that week” in each place substitute, “£95”.

S-4 Amendment of the Social Security (General Benefit) Regulations 1982

Amendment of the Social Security (General Benefit) Regulations 1982

4.—(1) The Social Security (General Benefit) Regulations 198212are amended as follows.

(2) In regulation 16 (earnings level for the purpose of unemployability supplement) for “£4,472” substitute “£4,602”.

S-5 Amendment of the Income Support (General) Regulations 1987

Amendment of the Income Support (General) Regulations 1987

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

(2) In regulation 2(1) (interpretation)—

(a)

(a) in the definition of “maternity leave” for “Part III of the Employment Protection (Consolidation) Act 1978” substitute “Part VIII of the Employment Rights Act 199613”;

(b)

(b) at the appropriate place insert the following definition—

““starting rate”, where it relates to the rate of tax, has the same meaning as in the Income Tax Act 200714(see section 989 of that Act);”.

(3) In regulation 5 (persons treated as engaged in remunerative work)15

(a)

(a) in paragraph (5) for “A person” substitute “Subject to paragraph (5A), a person”;

(b)

(b) after that paragraph insert—

S-5A

“5A Paragraph (5) shall not apply to earnings disregarded under paragraph 1 of Schedule 8 to these regulations.”.

(4) In regulation 22A(1)(a) (reduction in applicable amount where the claimant is appealing against a decision which embodies a determination that he is not incapable of work)16omit “, 16, 17(c)(i) or (d)(i)”.

(5) In regulation 29(4B)(a) (calculation of earnings derived from employed earner’s employment and income other than earnings)17for “paragraph 8(1)(c) of Schedule 14 to the Employment Protection (Consolidation) Act 1978” substitute “section 227(1) of the Employment Rights Act 1996”.

(6) In regulation 35 (earnings of employed earners)18

(a)

(a) in paragraph (1)—

(i) in sub-paragraph (g), for “68(2) or 71(2)(a) of the Employment Protection (Consolidation) Act 1978 (remedies for unfair dismissal and compensation)” substitute “112(4) or 117(3)(a) of the Employment Rights Act 1996 (the remedies: orders and compensation, enforcement of order and compensation)”;

(ii) after sub-paragraph (g) insert—

“(gg)

“(gg) any payment or remuneration made under section 28, 34, 64, 68 or 70 of the Employment Rights Act 1996 (right to guarantee payments, remuneration on suspension on medical or maternity grounds, complaints to employment tribunals);”;

(iii) in sub-paragraph (h) for “18(2) of the Social Security (Miscellaneous Provisions) Act 1977” substitute “112(3) of the Contributions and Benefits Act”;

(b)

(b) in paragraph (3)(a)(iii) for “81(1) of the Employment Protection (Consolidation) Act 1978” substitute “135(1) of the Employment Rights Act 1996”;

(c)

(c) in paragraph (3)(b) for “paragraph 8(1)(c) of Schedule 14 to the Employment Protection (Consolidation) Act 1978” substitute “section 227(1) of the Employment Rights Act 1996”.

(7) In regulation 39(1) (deduction of tax and contributions for self-employed earners)19for “lower rate”, wherever it occurs, substitute “starting rate”.

(8) In regulation 39D (deduction in respect of tax for participants in the self-employment route)20in paragraphs (1)(c) and (2) for “lower rate”, wherever it occurs, substitute “starting rate”.

(9) In regulation 42 (notional income)21

(a)

(a) at the end of paragraph (6A)(c)(ii) add—

“; or

(a) to a claimant who is participating in a work placement approved by the Secretary of State (or a person providing services to the Secretary of State) before the placement starts.

S-6AA

6AA In paragraph (6A)(d) “work placement” means practical work experience which is not undertaken in expectation of payment.”;

(b)

(b) in paragraph (8)(a) for “lower rate”, wherever it occurs, substitute “starting rate”.

(10) For regulation 49 (calculation of capital in the United Kingdom)22substitute—

S-49

Calculation of capital in the United Kingdom

49. Capital which a claimant possesses in the United Kingdom shall be calculated at its current market or surrender value less—

(a) where there would be expenses attributable to sale, 10 per cent; and

(b) the amount of any incumbrance secured on it.”.

(11) In Schedule 8 (sums to be disregarded in the calculation of earnings)23

(a)

(a) for paragraph 1 substitute—

S-1

1.—(1) In the case of a claimant who has been engaged in remunerative work as an employed earner or, had the employment been in Great Britain, would have been so engaged—

(a)

(a) any earnings, other than items to which sub-paragraph (2) applies, paid or due to be paid from that employment which terminated before the first day of entitlement to income support;

(b)

(b) any earnings, other than a payment of the nature described in regulation 35(1)(e), paid or due to be paid from that employment which has not been terminated where the claimant is not—

(i) engaged in remunerative work, or

(ii) suspended from his employment.

(2) This sub-paragraph applies to—

(a)

(a) any payment of the nature described in regulation 35(1)(e); and

(b)

(b) any award, sum or payment of the nature described in—

(i) regulation 35(1)(g) or (h), or

(ii) section 34 or 70 of the Employment Rights Act 1996 (guarantee payments and suspension from work: complaints to employment tribunals)24,

including any payment made following the settlement of a complaint to an employment tribunal or of court proceedings.”;

(b)

(b) for paragraph 2 substitute—

S-2

2.—(1) In the case of a claimant to whom this paragraph applies, any earnings (other than a payment of the nature described in regulation 35(1)(e)) which relate to employment which ceased before the first day of entitlement to income support whether or not that employment has terminated.

(2) This paragraph applies to a claimant who has been engaged in part-time employment as an employed earner or, had the employment been in Great Britain, would have been so engaged; but it does not apply to a claimant who has been suspended from his employment.”.

(12) In paragraph 19 of Schedule 9 (sums to be disregarded in the calculation of income other than earnings)25for sub-paragraphs (a) and (b) substitute—

“(a)

“(a) where the aggregate of any payments made in respect of any one week in respect of the occupation of the dwelling by that person or a member of his family, or by that person and a member of his family, is less than £20, the whole of that amount; or

(b)

(b) where the aggregate of any such payments is £20 or more per week, £20.”.

S-6 Amendment of the Social Security (Incapacity Benefit) Regulations 1994

Amendment of the Social Security (Incapacity Benefit) Regulations 1994

6.—(1) The Social Security (Incapacity...

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