(1)    These Regulations may be cited as the Social Security (PPF Payments and FAS Payments) (Consequential Amendments) Regulations 2006 and shall come into force on 5th May 2006.

(2)    In these Regulations—

“the Dependency Regulations” means the Social Security Benefit (Dependency) Regulations 1977;

“the Incapacity Benefit Dependency Regulations” means the Social Security (Incapacity Benefit - Increases for Dependants) Regulations 1994;

“the Incapacity Benefit Regulations” means the Social Security (Incapacity Benefit) Regulations 1994; and

“the Jobseeker's Regulations” means the Jobseeker's Allowance Regulations 1996.

(1)    The Dependency Regulations are amended in accordance with this regulation.

(2)    In regulation 9A (apportionment of payments by way of occupational pension made otherwise than weekly), for the words from “For the purposes” to “by way of occupational or personal pension” substitute—

“For the purposes of section 89(1) of, and paragraph 7(1) of Schedule 7 to, the Contributions and Benefits Act, where payment by way of occupational or personal pension, or for the purposes of section 89(1A) of that Act by way of PPF periodic payment,”.

(3)    In Schedule 2 (prescribed circumstances for increase of a carer's allowance) in paragraph 9(1) after “occupational or personal pension” insert “or PPF periodic payment”.

In regulation 11 of the Incapacity Benefit Dependency Regulations (apportionment of payments by way of occupational or personal pension made otherwise than weekly), after “occupational or personal pension” in both places where those words appear insert “or PPF periodic payment”.

(1)    The Incapacity Benefit Regulations are amended in accordance with this regulation.

(2)    In regulation 21 (disregard of certain pension payments)—

(a)    after “reduction for pension payments” insert “and PPF periodic payments”; and

(b)    after paragraph (a) insert—

“(aa)    any PPF periodic payment made to a person as a beneficiary on the death of a person entitled to such a payment;”.

(3)    In regulation 22 (date from which pension payment is to be taken into account)—

(a)    after “reduction for pension payments” insert “and PPF periodic payments”; and

(b)    after “pension payment” insert “or PPF periodic payment”.

(4)    In regulation 23 (date from which the change in the rate of pension takes effect)—

(a)    after “Where pension payments” insert “or PPF periodic payments”; and

(b)    after “pension payment” insert “or PPF periodic payment”.

(5)    In regulation 24 (pension payment made other than weekly)—

(a)    in paragraphs (1) and (2) after “pension payment” in each place where those words appear insert “or PPF periodic payment”;

(b)    in paragraph (1) after “weekly pension payments” insert “or weekly PPF periodic payments”; and

(c)    in paragraph (3)—

(i)    after “weekly pension payment” insert “or weekly PPF periodic payment”;

(ii)    after “pension payments” insert “or PPF periodic payments”; and

(iii)    after “pension payment” insert “ or PPF periodic payment”.

In regulation 81 of the Jobseeker's Regulations (payments by way of pensions)—

(a)    in paragraphs (1), (1A), (1B) and (2) after “pension payments” in each place where those words appear insert “, PPF payments or FAS payments”;

(b)    in paragraph (2)(c) after “question” insert—

“; and

(d)    any PPF payments or FAS payments which are payable to him and which arose on the death of a person who had an entitlement to such payments”; and

(c)    in paragraph (3)—

(i)    after “pension payment” insert “, PPF payment or FAS payment”; and

(ii)    after “weekly pension payments” insert “, weekly PPF payments or weekly FAS payments”.

Signed by authority of the Secretary of State for Work and Pensions

Stephen C Timms

Minister of State,

Department for Work and Pensions

5th April 2006

These Regulations amend the Social Security Benefit (Dependency) Regulations 1977 (SI 1977/343), the Social Security (Incapacity Benefit - Increases for Dependants) Regulations 1994 (SI 1994/2945) and the Social Security (Incapacity Benefit) Regulations 1994 (SI 1994/2946) (collectively known as “the Principal Regulations”). They also amend the Jobseeker's Allowance Regulations 1996 (SI 1996/207).

Regulations 2 to 4 amend the Principal Regulations to allow Pension Protection Fund (“PPF”) periodic payments to be included in the calculation of entitlement to benefit in the same way as pension payments are included.

Regulation 5 amends the Jobseeker's Allowance Regulations 1996 to allow PPF payments or Financial Assistance Scheme (“FAS”) payments to be included in the calculation of entitlement to contribution-based jobseeker's allowance in the same way as pension payments are included. It further provides for PPF payments or FAS payments to be disregarded where they are made to the survivor of a person entitled to such payments, in the same circumstances as pension payments would be.

A full regulatory impact assessment has not been produced for this instrument as it has no impact on the costs of business, charities or the voluntary sector.