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Statutory Instrument 2006 No. 588The Social Security (Miscellaneous Amendments) Regulations 2006(The document as of February, 2008) STATUTORY INSTRUMENTS2006 No. 588SOCIAL SECURITYThe Social Security (Miscellaneous Amendments) Regulations 2006
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 1992[1], sections 5(1)(k), 73(1)(b) and 189(1), (4) and (5) of the Social Security Administration Act 1992[2], sections 12(4)(a) and (b), 35(1) and 36(2) and (4) of the Jobseekers Act 1995[3] and sections 2(3)(b) and (9), 13(1)(a), 15(1)(j) and 17(1) of the State Pension Credit Act 2002[4]. The Social Security Advisory Committee has agreed that the proposals in respect of these Regulations should not be referred to it[5]. 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 concerned[6]. 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 2005[7]. (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 2005[8]. Amendment of the Income Support (General) Regulations 1987 2.—(1) The Income Support (General) Regulations 1987[9] are amended as follows. (2) In regulation 42 (notional income)—
(b) in paragraph (2ZA)(a)[11] for "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) in paragraph (4)(a)(ia)[12] 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"; (d) in paragraph (4ZA)(d)[13] 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". (3) In regulation 51(notional capital)—
(b) in paragraph (3)(a)(ia)[15] 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) in paragraph (3A)(c)[16] 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". (4) The following provisions are revoked—
(b) regulation 18(1)(h) (polygamous marriages)[18]; (c) regulation 71(1)(a)(v) and (d)(iv) (applicable amounts in urgent cases)[19]; (d) paragraph 16A of Schedule 1B (prescribed categories of person)[20]; (e) Schedule 3A (protected sum)[21]; (f) Schedule 3B (protected sum)[22]. Amendment of the Jobseeker's Allowance Regulations 1996
(b) in paragraph (2B)(a)[26] for "or personal pension scheme" substitute " a personal pension scheme or the Board of the Pension Protection Fund"; (c) in paragraph (10)(a)(ia)[27] 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"; (d) in paragraph (10A)(d)[28] 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". (4) In regulation 113 (notional capital)—
(b) in paragraph (3)(a)(ia)[30] 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) in paragraph (3A)(c)[31] 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". Amendment of the State Pension Credit Regulations 2002
(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—
(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 Social Security (Hospital In-Patients) Regulations 2005
(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) 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) in paragraph (8)(a) after "regulation 80(2)(b)" insert "or (c)". (3) In regulation 49 (notional capital)—
(b) in paragraph (3)(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) in paragraph (4)(c) 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". (4) In regulation 76 (date on which entitlement is to commence)—
(b) after paragraph (2) insert—
(b) paragraph (2) does not apply to him; and (c) he becomes liable in that benefit week to make payments, which fall due on a daily basis, in respect of a hostel which he occupies as his home.". Amendment of the Council Tax Benefit Regulations 2006
(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) 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". (3) In regulation 39 (notional capital)—
(b) in paragraph (3)(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) in paragraph (4)(c) 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". (4) In Schedule 2 (amount of alternative maximum council tax benefit)—
(b) "persons to whom regulation 45(2) applies" includes any person to whom that regulation would apply were they, and their partner if they had one, below the qualifying age for state pension credit.". (b) in paragraph 1(2) for the words "any reductions made under section 13 or 80 (reduced amounts of council tax)." substitute—
(b) in a case to which sub-paragraph (c) in column (1) of the table below applies, the amount of any discount which may be appropriate to the dwelling under the 1992 Act."; (c) in the table in paragraph 1, after sub-paragraph (b) insert—
Amendment of the Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 2006 10.—(1) The Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 2006[41] are amended as follows. (2) In regulation 29(1) (meaning of "income")—
(b) at the end of paragraph (w) insert—
(3) In regulation 42(2) (income paid to third parties) 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".
(b) at the end of paragraph (w) insert—
(3) In regulation 32(2)(income paid to third parties) 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".
(b) "persons to whom regulation 45(2) of the Council Tax Benefit Regulations 2006 applies" includes any person to whom that regulation would apply were they, and their partner if they had one, below the qualifying age for state pension credit.". (b) in paragraph 1(2) for the words "any reductions made under section 13 or 80 (reduced amounts of council tax)." substitute—
(b) in a case to which sub-paragraph (c) in column (1) of the table below applies, the amount of any discount which may be appropriate to the dwelling under the 1992 Act."; (c) in the table in paragraph 1, after sub-paragraph (b) insert—
Amendment of the Housing Benefit and Council Tax Benefit (Consequential Provisions) Regulations 2006 12.In paragraph 27 of Schedule 2 to the Housing Benefit and Council Tax Benefit (Consequential Provisions) Regulations 2006[45] (Amendment of the Housing Benefit and Council Tax Benefit (Miscellaneous Amendments) (No.3) Regulations 2005)—
(b) sub-paragraph (28) is revoked.
(This note is not part of the Regulations) Regulations 2, 3, 8 and 9 amend the Income Support (General) Regulations 1987 (S.I. 1987/1967), the Jobseeker's Allowance Regulations 1996 (S.I. 1996/207), the Housing Benefit Regulations 2006 (S.I. 2006/213) and the Council Tax Benefit Regulations 2006 (S.I. 2006/215) so as to—
• provide that payments made by the Board of the PPF to a third party may be regarded as notional income and notional capital; • provide that payments from the Board of the PPF are not regarded as notional income or notional capital where the payment is not received by the claimant due to his or her bankruptcy. Regulations 2 and 3 also amend the Income Support (General) Regulations 1987 and the Jobseeker's Allowance Regulations l996 so as to provide that a person aged 60 or over, who opts not to take a payment from the PPF available to him, shall be treated as possessing the amount of any income or capital foregone from the date on which it could be expected to be acquired were an application to be made. Notes: [1]1992 c.4. Section 123(1)(e) was substituted by paragraph 1(1) of Schedule 9 to the Local Government Finance Act 1992 (c.14). Section 124(1)(e) was inserted by paragraph 30(5) of Schedule 2 to the Jobseekers Act 1995 (c.18). Section 136A was inserted by paragraph 3 of Schedule 2 to the State Pension Credit Act 2002 (c.16). Section 137(1) is an interpretation provision and is cited because of the meaning there given to the word "prescribed". Section 175(1) and (4) was amended by section 2 of, and paragraph 29 of Schedule 3 to, the Social Security Contributions (Transfer of Functions, etc.) Act 1999 (c.2). Section 175(1) and (3) is applied to provisions of the State Pension Credit Act 2002 by section 19(1) of that Act.back [2]1992 c.5. Section 73(1) was amended by paragraph 49 of Schedule 2 to the Jobseekers Act 1995(c.18).back [3]1995 c.18. Section 35(1) is an interpretation provision and is cited because of the meaning given to the words "prescribed" and "regulations". Sections 35(1) and 36(4) were amended by section 2 of, and paragraphs 62 and 63 respectively of Schedule 3 to, the Social Security Contributions (Transfer of Functions, etc.) Act 1999.back [4]2002 c.16. Section 17(1) is an interpretation provision and is cited because of the meaning given to the words "prescribed" and "regulations".back [5]See sections 172(1) and 173(1)(b) of the Social Security Administration Act 1992. Paragraph 67 of Schedule 2 to the Jobseekers Act 1995 and paragraph 20 of Schedule 2 to the State Pension Credit Act 2002 added those Acts to the list of "relevant enactments" in respect of which regulations must normally be referred to the Committee.back [6]See section 176(1) of the Social Security Administration Act 1992 as amended by section 103 of, and paragraph 23 of Schedule 9 to, the Local Government Finance Act 1992.back [7]S.I. 2005/3360.back [8]S.I. 2005/2465. Amended by S.I. 2006/217.back [9]S.I. 1987/1967.back [10]Paragraph (2)(g) was inserted by S.I. 1995/2303 and amended by S.I. 2005/2465.back [11]Paragraph (2ZA)(a) was inserted by S.I. 2005/2465.back [12]Paragraph (4)(a)(ia) was inserted by S.I. 1999/2640 and amended by S.I. 2003/455.back [13]Paragraph (4ZA)(d) was inserted by S.I. 1999/2640 and amended by S.I. 2003/455.back [14]Paragraph (2)(da) was inserted by S.I. 2005/2465.back [15]Paragraph (3)(a)(ia) was inserted by S.I. 1999/2640 and amended by S.I. 2003/455.back [16]Paragraph (3A)(c) was inserted by S.I. 1999/2640 and amended by S.I. 2003/455.back [17]Regulation 17(1)(g) was inserted by S.I. 1988/1445 and amended by S.I. 1989/534.back [18]Regulation 18(1)(h) was inserted by S.I. 1988/1445 and amended by S.I. 1989/534.back [19]Regulation 71(1)(a)(v) and (d)(iv) was inserted by S.I. 1988/1445 and amended by S.I. 1989/534.back [20]Paragraph 16A was inserted by S.I. 2000/2239.back [21]Schedule 3A was inserted by S.I. 1988/1445.back [22]Schedule 3B was inserted by S.I. 1989/534.back [23]S.I. 1996/207.back [24]1978 c. 29.back [25]Paragraph (2)(g) was amended by S.I. 2005/2465.back [26]Paragraph (2B)(a) was inserted by S.I. 2005/2465.back [27]Paragraph (10)(a)(ia) was inserted by S.I. 1999/2640 and amended by S.I. 2003/455.back [28]Paragraph (10A)(d) was inserted by S.I. 1999/2640 and amended by S.I. 2003/455.back [29]Paragraph (2)(da) was inserted by S.I. 2005/2465.back [30]Paragraph (3)(a)(ia) was inserted by S.I. 1999/2640.back [31]Paragraph (3A)(c) was inserted by S.I. 1999/2640 and amended by S.I. 2003/455.back [32]S.I. 2002/1792.back [33]PPF periodic payments are defined in section 17(1) of the State Pension Credit Act 2002 as amended by S.I. 2006/343.back [34]Paragraph 2 was substituted by S.I. 2005/3360.back [35]S.I. 2005/2502. Amended by S.I. 2006/217.back [36]S.I. 2005/3061. Amended by S.I. 2006/217.back [37]Section 142 was substituted by section 1(2) of the Child Benefit Act 2005 (c. 6).back [38]S.I. 2005/3360.back [39]S.I. 2006/213.back [40]S.I. 2006/215.back [41]S.I. 2006/214.back [42]The definition of PPF periodic payments was added to section 17(1) of the State Pension Credit Act 2002 by S.I. 2006/343.back [43]S.I. 2006/216.back [44]The definition of PPF periodic payments was added to section 17(1) of the State Pension Credit Act 2002 by S.I. 2006.back [45]S.I. 2006/217.back ISBN0 11 074180 3 -- Back --
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