The Social Security (Miscellaneous Amendments) (No. 4) Regulations 2006
| Jurisdiction | UK Non-devolved |
| Citation | SI 2006/2378 |
2006 No. 2378
SOCIAL SECURITY
The Social Security (Miscellaneous Amendments) (No. 4) Regulations 2006
Made 4th September 2006
Laid before Parliament 8th September 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 30A(2A), 30C(4), 30E(1), 47(6), 64(1), 68(4), 71(6), 86A(1), 122(1), 123(1)(a), (d) and (e), 124(1)(e), 135(1), 136(3) and (5)(b) and (c), 136A(3), 137(1) and (2)(h) and (l), 171D, 171G(2) and 175(1) and (3) to (5) of, and paragraph 2(3) of Schedule 7 to, the Social Security Contributions and Benefits Act 19921,
sections 5(1)(l) and (p) and 189(1), (4) and (5) of the Social Security Administration Act 19922,
section 4 of the Social Security (Incapacity for Work) Act 19943,
sections 4(5), 7(2)(a), 12(2) and (4)(b) and (c), 35(1) and 36(1), (2) and (4) of, and paragraphs 1(2)(b), 12, 16(1)(a) and (b) of Schedule 1 to, the Jobseekers Act 19954,
paragraphs 4(6) and 20(1) and (3) of Schedule 7 to the Child Support, Pensions and Social Security Act 20005, and
sections 1(5)(a), 2(3)(b), 7(4), 15(6)(a) and (b), 17(1) and (2)(a) and 19(1) of the State Pension Credit Act 20026.
The Social Security Advisory Committee and the Industrial Injuries Advisory Council have agreed that the proposals in respect of these Regulations should not be referred to them7.
In respect of the provisions in these Regulations relating to housing benefit and council tax benefit, the Secretary of State has consulted with such organisations which appear to him to be representative of the authorities concerned8.
Citation and commencement
1.—(1) These Regulations may be cited as the Social Security (Miscellaneous Amendments) (No. 4) Regulations 2006.
(2) Subject to the following provisions of this regulation, these Regulations shall come into force on 1st October 2006.
(3) Regulations 5(1), (2), (3), (8), (9) and (10)(c), 6, 13(1), (2), (3), (4), (5), (8), (9), (11) and (12)(c), 14, 15(1), (4) and (6), 16(1), (2) and (3), 17(1) and (5) and 18(1), (2) and (3) shall come into force on 2nd October 2006.
(4) Regulations 5(4), (5), (10)(a), (b), (d) and (e) and (11), 13(6), (7), (12)(a), (b), (d) and (e) and (13), 15(2), (3) and (7), 16(4), 17(2), (3) and (6) and 18(4) 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 2nd October 2006.
(5) In paragraph (4) the term “benefit week” has the same meaning as in—
(a)
(a) regulation 2(1) of the Income Support (General) Regulations 19879so far as it relates to regulation 5;
(b)
(b) regulation 1(3) of the Jobseeker’s Allowance Regulations 199610so far as it relates to regulation 13;
(c)
(c) regulation 2(1) of the Housing Benefit Regulations 200611so far as it relates to regulation 15;
(d)
(d) regulation 2(1) of the Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 200612so far as it relates to regulation 16;
(e)
(e) regulation 2(1) of the Council Tax Benefit Regulations 200613so far as it relates to regulation 17; and
(f)
(f) regulation 2(1) of the Council Tax Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 200614so far as it relates to regulation 18.
(6) Regulation 5(6) shall come into force on 7th October 2006.
(7) Regulations 2, 5(7), 10(2), 11, 12(3) and (5), 13(10), 15(5) and 17(4) shall come into force on 9th October 2006.
Amendment of the Social Security (Widow’s Benefit and Retirement Pensions) Regulations 1979
2. In regulation 3A of the Social Security (Widow’s Benefit and Retirement Pensions) Regulations 197915(calculating periods of incapacity for work for welfare to work beneficiaries entitled to an increase of long-term incapacity benefit) for “52 weeks” substitute “104 weeks”.
Amendment of the Social Security (General Benefit) Regulations 1982
3. In regulation 16 of the Social Security (General Benefit) Regulations 1982 16(earnings level for the purpose of unemployability supplement) for “£4,212” substitute “£4,472”.
Amendment of the Social Security (Severe Disablement Allowance) Regulations 1984
4. In regulation 3 of the Social Security (Severe Disablement Allowance) Regulations 198417(conditions relating to residence and presence) omit paragraph (1)(b), the word “and” immediately preceding that paragraph and paragraph (1A).
Amendment of the Income Support (General) Regulations 1987
5.—(1) The Income Support (General) Regulations 1987 are amended as follows.
(2) In regulation 16(3)(a)(circumstances in which a person is to be treated as being or not being a member of the same household) for “special hospitals” substitute “high security psychiatric services”.
(3) In regulation 35(1)(j)(earnings of employed earners)18for “regulation 18(22) to (25) of the Social Security (Contributions) Regulations 197919” substitute “Part 5 of Schedule 3 to the Social Security (Contributions) Regulations 200120”.
(4) In regulation 48(4) (income treated as capital)21for “or 25 to 28” substitute “, 25 to 28, 44 or 45”.
(5) In regulation 65 (relationship with amounts to be disregarded under Schedule 9)22, omit from “and any other income” to the end of the regulation.
(6) Omit paragraph 16 of Schedule 1B (certain persons aged 50 who have not been in remunerative work for 10 years)23.
(7) In—
(a)
(a) paragraphs 10(4) and 12(1A) of Schedule 2 (applicable amounts)24, and
(b)
(b) paragraphs 7(10) and 14(3AA)(b) and (10) of Schedule 3 (housing costs)25
for “52 weeks” in each place that it appears substitute “104 weeks”.
(8) In Schedule 3 (housing costs)26—
(a)
(a) at the end of paragraph 1(3)(b) (housing costs)27, insert—
“; or
(c)
(c) who is disabled or severely disabled for the purposes of section 9(6) (maximum rate) of the Tax Credits Act 200228.”;
(b)
(b) for paragraph 3(7)(c)(ii) (circumstances in which a person is to be treated as occupying a dwelling as his home), substitute—
“(ii)
“(ii) the move was delayed pending the outcome of an application under Part 8 of the Contributions and Benefits Act for a social fund payment to meet a need arising out of the move or in connection with setting up the home in the dwelling, and—
(aa) a member of the claimant’s family is aged five or under,
(bb) the claimant’s applicable amount includes a premium under paragraph 9, 9A, 10, 11, 13 or 14 of Schedule 2 (applicable amounts), or
(cc) a child tax credit is paid for a member of the claimant’s family who is disabled or severely disabled for the purposes of section 9(6) (maximum rate) of the Tax Credits Act 2002; or”;
(c)
(c) in paragraph 7 (transitional protection), after sub-paragraph (4) insert—
“4A For the purposes of sub-paragraphs (3) and (4), there is an increase in the amount of existing housing costs where in any benefit week, those costs are higher than they were in the previous benefit week (whether or not those costs are higher than they were in the second benefit week).”;
(d)
(d) in paragraph 17(1)(a) (other housing costs), omit “and, in Scotland, payments by way of feu duty”.
(9) In paragraphs 7(1)(d) and 15A(a) of Schedule 8 (sums to be disregarded in the calculation of earnings)29for “Schedule 3 to the Social Security (Contributions) Regulations 1979” in each place that it appears substitute “Schedule 6 to the Social Security (Contributions) Regulations 2001”.
(10) In Schedule 9 (sums to be disregarded in the calculation of income other than earnings)—
(a)
(a) in paragraph 1530—
(i) for sub-paragraph (1) substitute—
“1 Subject to sub-paragraph (3) and paragraph 39, any relevant payment made or due to be made at regular intervals.”;
(ii) in sub-paragraph (3), for “Sub-paragraphs (1) and (2)” substitute “Sub-paragraph (1)”;
(iii) omit sub-paragraphs (2), (4) and (5);
(b)
(b) omit paragraph 15A31;
(c)
(c) in paragraph 26 for the words from “care authority” to the end of the paragraph substitute “local authority under regulation 9 of the Fostering of Children (Scotland) Regulations 1996 (payment of allowances)32”;
(d)
(d) in paragraph 30A33omit “but not a payment to which paragraph 15A applies”;
(e)
(e) in paragraph 3634, for “paragraphs 15(1) and 16” substitute “paragraph 16”.
(11) In Schedule 10 (capital to be disregarded)—
(a)
(a) in paragraph 1235, after “claimant” insert “or the claimant’s partner”;
(b)
(b) after paragraph 12 insert—
“12A.—(1) Any payment made to the claimant or the claimant’s partner in consequence of any personal injury to the claimant or, as the case may be, the claimant’s partner.
(2) But sub-paragraph (1)—
(a)
(a) applies only for the period of 52 weeks beginning with the day on which the claimant first receives any payment in consequence of that personal injury;
(b)
(b) does not apply to any subsequent payment made to him in consequence of that injury (whether it is made by the same person or another);
(c)
(c) ceases to apply to the payment or any part of the payment from the day on which the claimant no longer possesses it;
(d)
(d) does not apply to any payment from a trust where the funds of the trust are derived from a payment made in consequence of any personal injury to the claimant.
(3) For the purposes of sub-paragraph (2)(c), the circumstances in which a claimant no longer possesses a payment or a part of it include where the claimant has used a payment or part of it to purchase an asset.
(4) References in sub-paragraphs (2) and (3) to the claimant are to be construed as including references to his partner (where applicable).”;
(c)
(c) for paragraph 4436substitute—
“44....
To continue reading
Request your trial