1 Citation, commencement and interpretation

(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 1987 so far as it relates to regulations 2 and 5(2), and

(b)    regulation 1(3) of the Jobseeker's Allowance Regulations 1996 so far as it relates to regulations 3 and 5(3);

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

NOTES
Initial Commencement
Specified date

Specified date: 2 April 2007: see para (2) above.

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2 Amendment of the Income Support (General) Regulations 1987

2Amendment of the Income Support (General) Regulations 1987

(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) substitute—

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

(4)    In regulation 51 (notional capital)—

(a)    for paragraph (1)(c) substitute—

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

(b)    for paragraph (2)(e) substitute—

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

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

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

(b)    after that paragraph insert—

“(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)—

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

(b)    after that paragraph insert—

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

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

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

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

(iii)    after sub-paragraph (5) insert—

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

(c)    in paragraph 11 (disability premium)—

(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—

“(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)    in paragraph 12(1) (additional condition for the higher pensioner and disability premium)—

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

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

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

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

“(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)    for paragraph 14 (disabled child premium) substitute—

“Disabled Child Premium14

(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)    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)    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)    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)    who is a long-term patient.”;

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

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

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

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

(9)    In paragraph 30A(1) of 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”.

NOTES
Initial Commencement
Specified date

Paras (1), (3)–(6), (7)(b)(ii), (e), (8)(a), (9): Specified date: 2 April 2007: see reg 1(2).

Paras (2), (8)(b), (d): Specified date: 9 April 2007 (with effect from the first day of the first benefit week to commence, for a particular beneficiary, on or after that date): see reg 1(6).

Para (7)(a), (b)(i), (iii), (c), (d), (f)–(h): Specified date (for certain purposes): 9 April 2007 (with effect from the first day of the first benefit week to commence, for a particular beneficiary, on or after that date): see reg 1(6).

Para (8)(c): Specified date: 8 April 2007 (with effect from the first day of the first benefit week to commence, for a particular beneficiary, after that date): see reg 1(3)–(5).

To be appointed

Para (7)(a), (b)(i), (iii), (c), (d), (f)–(h): this para shall come into force, for remaining purposes, in so far as it relates to a particular beneficiary, immediately after the Social Security Benefits Uprating Order 2007, SI 2007/688, art 16 comes into force: see reg 1(6), (7).

Income Tax Allowances, Deductions & Reliefs95 Marriage94 Pensions Law94 Personal Taxes97 Family Law94 Income Tax95 State Pensions94 Tax Law97

3 Amendment of the Jobseeker's Allowance Regulations 1996

3Amendment of the Jobseeker's Allowance Regulations 1996

(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 weeks;”.

(3)    In regulation 3E(2)(d) (entitlement of a member of a joint-claim couple to a jobseeker's allowance without a claim being made jointly by the couple), for “85” substitute “85A”.

(4)    For regulation 105(2)(h) (notional income) substitute—

“(h)    any sum to which paragraph 42(2)(a) of Schedule 8 (capital to be disregarded) applies which is administered in the way referred to in paragraph 42(1)(a);

(ha)    any sum to which paragraph 43(a) of Schedule 8 refers; or”.

(5)    In regulation 113 (notional capital)—

(a)    for paragraph (1)(c) substitute—

“(c)    any sum to which paragraph 42(2)(a) of Schedule 8 (capital to be disregarded) applies which is administered in the way referred to in paragraph 42(1)(a); or

(d)    any sum to which paragraph 43(a) of Schedule 8 refers.”;

(b)    for paragraph (2)(e) substitute—

“(e)    any sum to which paragraph 42(2)(a) of Schedule 8 (capital to be disregarded) applies which is administered in the way referred to in paragraph 42(1)(a); or

(f)    any sum to which paragraph 43(a) of Schedule 8 refers,”.

(6)    In regulation 136A (treatment of payments from access funds)—

(a)    in paragraph (3) omit “(which has the same meaning as in paragraph 15(2) of Schedule 7)”;

(b)    after that paragraph insert—

“(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.”.

(7)    In regulation 138 (income treated as capital)—

(a)    in paragraph (3) omit “(which has the same meaning as in paragraph 15(2) of Schedule 7)”;

(b)    after that paragraph insert—

“(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.”.

(8)    In Schedule 1 (applicable amounts)—

(a)    in paragraph 1(1)(c), (2)(c) and (3)(d) (personal allowances) for “paragraph 13(a)” substitute “paragraph 13(1)(a)”;

(b)    in paragraph 12 (higher pensioner premium)—

(i)    in sub-paragraph (1) for “The” substitute “Subject to sub-paragraph (5), the”;

(ii)    after sub-paragraph (4) insert—

“(5)    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) or (c) refers.”;

(c)    in paragraph 13 (disability premium)—

(i)    the existing provisions of paragraph 13 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—

“(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 polygamous marriage and a member of that couple or polygamous marriage—

(i)    is a long-term patient; and

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

(d)    in paragraph 15(7) (severe disability premium) for “the date on which an award is made” substitute “the date on which the award is first paid”;

(e)    for paragraph 15A(2) (enhanced disability premium) substitute—

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

(a)    a child or young person—

(i)    whose capital if calculated in accordance with Part 8 of these Regulations in like manner as for the claimant, except as provided in regulation 106(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 is—

(i)    a long-term patient; and

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

(f)    for paragraph 16 (disabled child premium) substitute—

“Disabled Child Premium

16

(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)    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)    blind or treated as blind within the meaning of paragraph 14(1)(h) and (2).

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

(a)    whose capital, if calculated in accordance with Part 8 of these Regulations in like manner as for the claimant, except as provided in regulation 106(1), would exceed £3,000; or

(b)    who is a long-term patient.”;

(g)    in paragraph 20(5) (weekly amounts of premiums specified in Part 3)—

(i)    in paragraph (a) for “paragraph 13(a)” substitute “paragraph 13(1)(a)”;

(ii)    in paragraph (b) for “paragraph 13(b)” substitute “paragraph 13(1)(b)”;

(h)    in paragraph 20F (higher pensioner premium)—

(i)    in sub-paragraph (1) for “The” substitute “Subject to sub-paragraph (5), the”;

(ii)    after sub-paragraph (4) insert—

“(5)    The condition is not satisfied if the member of the joint-claim couple to whom sub-paragraph (1) refers is a long-term patient.”;

(i)    for paragraph 20G (disability premium) substitute—

“Disability Premium

20G

(1)    Subject to sub-paragraph (2), the condition is that a member of a joint-claim couple has not attained the age of 60 and satisfies any one of the additional conditions specified in paragraph 20H.

(2)    The condition is not satisfied if—

(a)    paragraph (1) only refers to one member of a joint-claim couple and that member is a long-term patient; or

(b)    paragraph (1) refers to both members of a joint-claim couple and both members of the couple are long-term patients.”;

(j)    in paragraph 20I(6) (severe disability premium) for “the date on which the award is made” substitute “the date on which the award is first paid”;

(k)    for paragraph 20IA(2) (enhanced disability premium) substitute—

“(2)    The condition is not satisfied if—

(a)    paragraph (1) only refers to one member of a joint-claim couple and that member is a long-term patient; or

(b)    paragraph (1) refers to both members of a joint-claim couple and both members of the couple are long-term patients.”; and

(l)    in paragraph 20M(3) (weekly amounts of premiums specified in Part 4A), for “paragraph 20G” substitute “paragraph 20G(1)”.

(9)    In Schedule 5 (applicable amounts in special cases)—

(a)    in the heading, for “Regulation 85” substitute “Regulations 85 and 85A”.

(b)    omit paragraph 1A in Columns (1) and (2);

(c)    omit paragraph 2 in Columns (1) and (2).

(10)    In Schedule 5A (applicable amounts of joint-claim couples in special cases), omit paragraph 1A in Columns (1) and (2).

(11)    In paragraph 32(1) of Schedule 7 (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”.

NOTES
Initial Commencement
Specified date

Paras (1), (3)–(7), (8)(d), (j), (9)(a), (11): Specified date: 2 April 2007: see reg 1(2).

Paras (2), (8)(b), (c), (e), (f), (h), (i), (k), (9)(b), (10): Specified date: 9 April 2007 (with effect from the first day of the first benefit week to commence, for a particular beneficiary, on or after that date): see reg 1(6).

Para (8)(a), (g), (l): Specified date (for certain purposes): 9 April 2007 (with effect from the first day of the first benefit week to commence, for a particular beneficiary, on or after that date): see reg 1(6), (8).

Para (9)(c): Specified date: 8 April 2007 (with effect from the first day of the first benefit week to commence, for a particular beneficiary, after that date): see reg 1(3)–(5).

To be appointed

Para (8)(a), (g), (l): this para shall come into force, for remaining purposes, in so far as it relates to a particular beneficiary, immediately after the Social Security Benefits Uprating Order 2007, SI 2007/688, art 24 comes into force: see reg 1(6), (8).

Income Tax Allowances, Deductions & Reliefs95 Marriage94 Pensions Law89 Benefits89 Income Tax95 Family Law94 State Pensions89 Welfare, Housing & Social Security Law89 Tax Law89 Personal Taxes89

4 Amendment of the State Pension Credit Regulations 2002

4Amendment of the State Pension Credit Regulations 2002

(1)    The State Pension Credit Regulations 2002 are amended as follows.

(2)    In paragraph 1(2)(c) of Schedule 1 (circumstances in which persons are treated as not being severely disabled), for “the date on which the award is made” substitute “the date on which the award is first paid”.

NOTES
Initial Commencement
Specified date

Specified date: 2 April 2007: see reg 1(2).

Income Tax Allowances, Deductions & Reliefs95 Pensions Law94 Personal Taxes95 Council Tax Benefit99 Income Tax95 State Pensions94 Council Tax99 Tax Law99

5 Amendment of the Social Security (Working Tax Credit and Child Tax Credit) (Consequential Amendments) Regulations 2003

5Amendment of the Social Security (Working Tax Credit and Child Tax Credit) (Consequential Amendments) Regulations 2003

(1)    The Social Security (Working Tax Credit and Child Tax Credit) (Consequential Amendments) Regulations 2003 are amended as follows.

(2)    In Schedule 1 (Amendments to the Income Support Regulations), omit paragraph 21(d).

(3)    In Schedule 2 (Amendments to the Jobseeker's Allowance Regulations), omit paragraph 21(a).

NOTES
Initial Commencement
Specified date

Specified date: 8 April 2007 (with effect from the first day of the first benefit week to commence, for a particular beneficiary, after that date): see reg 1(3), (5).

Income Tax Allowances, Deductions & Reliefs95 Pensions Law94 Personal Taxes95 Council Tax Benefit99 Income Tax95 State Pensions94 Council Tax99 Tax Law99

6 Amendment of the Housing Benefit Regulations 2006

6Amendment of the Housing Benefit Regulations 2006

(1)    The Housing Benefit Regulations 2006 are amended as follows.

(2)    For regulation 42(2)(d) (notional income) substitute—

“(d)    any sum to which paragraph 45(2)(a) of Schedule 6 (capital to be disregarded) applies which is administered in the way referred to in paragraph 45(1)(a);

(da)    any sum to which paragraph 46(a) of Schedule 6 refers;”.

(3)    For regulation 49(2)(e) (notional capital) substitute—

“(e)    any sum to which paragraph 45(2)(a) of Schedule 6 (capital to be disregarded) applies which is administered in the way referred to in paragraph 45(1)(a); or

(ea)    any sum to which paragraph 46(a) of Schedule 6 refers; or”.

(4)    For regulation 87 (amendment and withdrawal of claim) substitute—

“87 Amendment and withdrawal of claim

(1)    A person who has made a claim may amend it at any time before a decision has been made on it, by a notice in writing delivered or sent to the designated office, except where the claim was made by telephone in accordance with regulation 83(4A) where the amendment may be made by telephone, and any claim so amended shall be treated as if it had been amended in the first instance.

(2)    A person who has made a claim may withdraw it at any time before a decision has been made on it, by notice to the designated office, and any such notice of withdrawal shall have effect when it is received.”.

(5)    In Schedule 1 (ineligible service charges) for paragraph 1(a)(iii) substitute—

“(iii)    leisure items such as either sports facilities (except a children's play area), or television rental, licence and subscription fees (except radio relay charges and charges made in respect of the conveyance and installation and maintenance of equipment for the conveyance of a television broadcasting service);”.

(6)    In paragraph 14(6) of Schedule 3 (severe disability premium), for “the date on which the award is made” substitute “the date on which the award is first paid”.

NOTES
Initial Commencement
Specified date

Specified date: 2 April 2007: see reg 1(2).

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7 Amendment of the Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 2006

7Amendment of the Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 2006

(1)    The Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 2006 are amended as follows.

(2)    For regulation 68 (amendment and withdrawal of claim) substitute—

“68 Amendment and withdrawal of claim

(1)    A person who has made a claim may amend it at any time before a decision has been made on it, by a notice in writing delivered or sent to the designated office, except where the claim was made by telephone in accordance with regulation 64(5A) where the amendment may be made by telephone, and any claim so amended shall be treated as if it had been amended in the first instance.

(2)    A person who has made a claim may withdraw it at any time before a decision has been made on it, by notice to the designated office, and any such notice of withdrawal shall have effect when it is received.”.

(3)    In Schedule 1 (ineligible service charges) for paragraph 1(a)(iii) substitute—

“(iii)    leisure items such as either sports facilities (except a children's play area), or television rental, licence and subscription fees (except radio relay charges and charges made in respect of the conveyance and installation and maintenance of equipment for the conveyance of a television broadcasting service);”.

(4)    In paragraph 6(8)(a) of Schedule 3 (severe disability premium), for “the date on which the award is made” substitute “the date on which the award is first paid”.

NOTES
Initial Commencement
Specified date

Specified date: 2 April 2007: see reg 1(2).

Income Tax Allowances, Deductions & Reliefs92 Pensions Law94 Benefits99 Income Tax92 Film & Broadcasting92 State Pensions94 Council Tax99 Welfare, Housing & Social Security Law99 Tax Law99 Personal Taxes95 Council Tax Benefit99 Media & Communications92

8 Amendment of the Council Tax Benefit Regulations 2006

8Amendment of the Council Tax Benefit Regulations 2006

(1)    The Council Tax Benefit Regulations 2006 are amended as follows.

(2)    For regulation 32(2)(d) (notional income) substitute—

“(d)    any sum to which paragraph 47(2)(a) of Schedule 5 (capital to be disregarded) applies which is administered in the way referred to in paragraph 47(1)(a);

(da)    any sum to which paragraph 48(a) of Schedule 5 refers;”.

(3)    For regulation 39(2)(e) (notional capital) substitute—

“(e)    any sum to which paragraph 47(2)(a) of Schedule 5 (capital to be disregarded) applies which is administered in the way referred to in paragraph 47(1)(a); or

(ea)    any sum to which paragraph 48(a) of Schedule 5 refers; or”.

(4)    For regulation 73 (amendment and withdrawal of claim) substitute—

“73 Amendment and withdrawal of claim

(1)    A person who has made a claim may amend it at any time before a decision has been made on it, by a notice in writing delivered or sent to the designated office, except where the claim was made by telephone in accordance with regulation 69(4A) where the amendment may be made by telephone, and any claim so amended shall be treated as if it had been amended in the first instance.

(2)    A person who has made a claim may withdraw it at any time before a decision has been made on it, by notice to the designated office, and any such notice of withdrawal shall have effect when it is received.”.

(5)    In paragraph 14(6) of Schedule 1 for (severe disability premium), “the date on which the award is made” substitute “the date on which the award is first paid”.

NOTES
Initial Commencement
Specified date

Specified date: 2 April 2007: see reg 1(2).

Income Tax Allowances, Deductions & Reliefs93 Pensions Law94 Welfare, Housing & Social Security Law99 Personal Taxes95 Council Tax Benefit95 Benefits99 Income Tax93 State Pensions94 Council Tax95 Tax Law95

9 Amendment of the Council Tax Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 2006

9Amendment of the Council Tax Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 2006

(1)    The Council Tax Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 2006 are amended as follows.

(2)    For regulation 58 (amendment and withdrawal of claim) substitute—

“58 Amendment and withdrawal of claim

(1)    A person who has made a claim may amend it at any time before a decision has been made on it, by a notice in writing delivered or sent to the designated office, except where the claim was made by telephone in accordance with regulation 53(4A) where the amendment may be made by telephone, and any claim so amended shall be treated as if it had been amended in the first instance.

(2)    A person who has made a claim may withdraw it at any time before a decision has been made on it, by notice to the designated office, and any such notice of withdrawal shall have effect when it is received.”.

(3)    In paragraph 6(8)(a) of Schedule 1 (severe disability premium), for “the date on which the award is made” substitute “the date on which the award is first paid”.

NOTES
Initial Commencement
Specified date

Specified date: 2 April 2007: see reg 1(2).

Income Tax Allowances, Deductions & Reliefs95 Pensions Law94 Welfare, Housing & Social Security Law99 Personal Taxes96 Council Tax Benefit95 Benefits99 Income Tax95 State Pensions94 Council Tax95 Tax Law95

Signature

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

James Plaskitt

Parliamentary Under Secretary of State,

Department for Work and Pensions

7th March 2007

Income Tax Allowances, Deductions & Reliefs97 Pensions Law93 Personal Taxes96 Council Tax Benefit99 Income Tax97 State Pensions93 Council Tax99 Tax Law99

EXPLANATORY NOTE

EXPLANATORY NOTE (This note is not part of the Regulations)

These Regulations amend a number of different regulations relating to social security.

Regulations 2 to 4 and 6 to 9 amend the Income Support (General) Regulations 1987 (SI 1987/1967) (“the Income Support Regulations”), the Jobseeker's Allowance Regulations 1996 (SI 1996/207) (“the Jobseeker's Allowance Regulations”), the State Pension Credit Regulations 2002 (SI 2002/1792), the Housing Benefit Regulations 2006 (SI 2006/213), the Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 2006 (SI 2006/214) the Council Tax Benefit Regulations 2006 (SI 2006/215), the Council Tax Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 2006 (SI 2006/216) so that an award of carer's allowance is only taken into account from the date on which it is paid.

Regulations 2, 3, 6 and 8 amend cross-references in the Income Support Regulations, the Jobseeker's Allowance Regulations, the Housing Benefit Regulations 2006 and the Council Tax Benefit Regulations 2006 to provisions (which were amended by SI 2006/2378) relating to the treatment of capital which is derived from an award of damages for a personal injury for the purposes of determining notional income or capital.

Regulation 6 to 9 correct errors in amendments made to the Housing Benefit Regulations 2006, the Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 2006, the Council Tax Benefit Regulations 2006 and the Council Tax Benefit (Persons who have attained the qualifying age for state pension credit) 2006.

Regulations 2, 3 and 5 amend Schedule 7 to the Income Support Regulations, Schedule 5 to the Jobseeker's Allowance Regulations and the Social Security (Working Tax Credit and Child Tax Credit) (Consequential Amendments) Regulations 2003 to remove the reduction in a claimant's applicable amount for income support and jobseeker's allowance that applies in certain circumstances where a child or young person has been a patient for more than 12 weeks.

Regulations 2 and 3 amend the Income Support Regulations and the Jobseeker's Allowance Regulations so as to:

—clarify that charitable and voluntary payments are wholly disregarded for the purposes of calculating income other than earnings;

—specify that ordinary clothing and footwear does not include school uniforms or clothing or footwear used solely for sporting activities for the purposes of calculating amounts from access funds which are to be treated as capital;

—insert correct cross-references in relation to the definition of a “person from abroad”.

Regulations 6 and 7 amend the Housing Benefit Regulations 2006 and the Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 2006 to remove references to satellite television and to provide that television subscription charges are ineligible service charges for housing benefit purposes in Schedule 1 of those Regulations.

Regulation 2 amends the Income Support regulations so as to:

—provide for the circumstances where a higher pensioner premium, disability premium, enhanced disability premium and disabled child premium is to cease to be applicable to a claimant where the claimant, a partner of a claimant or a child or young person is a long-term patient;

—provide that “long-term patient” means a person who has been a patient for more than 52 weeks;

—amend Schedule 7 of the Income Support Regulations to remove the special applicable amounts that apply where a claimant, or if a claimant is a member of a couple the other member of that couple, has been a patient for more than 52 weeks;

—make a minor amendment to remove a reference to an obsolete sub-paragraph in Schedule 2 to those Regulations.

Regulation 3 amends the Jobseeker's Allowance Regulations so as to:

—provide for the circumstances where a higher pension premium, disability premium, enhanced disability premium and disabled child premium is to cease to be applicable to a claimant or a joint-claim couple where a claimant, a partner of a claimant or a child or young person is a long-term patient;

—provide that “long-term patient” means a person who has been a patient for more than 52 weeks;

—amend Schedule 5 to the Jobseeker's Allowance Regulations to remove the special applicable amounts that apply where a claimant is a long-term patient.

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.

Income Tax Allowances, Deductions & Reliefs93 Remedies99 Pensions Law94 Benefits99 Income Tax93 State Pensions94 Council Tax97 Civil Procedure & Administration of Justice99 Welfare, Housing & Social Security Law99 Tax Law97 Personal Taxes95 Council Tax Benefit97