The Social Security (Miscellaneous Amendments) (No. 7) Regulations 2008

Amendment of the Employment and Support Allowance Regulations 2008

11.—(1) The Employment and Support Allowance Regulations 2008 are amended as follows.

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

(a) in the definition of “concessionary payment” omit “either to the National Insurance Fund or”;

(b) in the definition of “war disablement pension”, for “retirement pay, pension or allowance granted” substitute “retired pay or pension or allowance payable”;

(c) in the definitions of “war widow’s pension” and war widower’s pension”, for “means a pension” substitute “means any pension or allowance”.

(3) In Schedule 8 (sums to be disregarded in the calculation of income other than earnings)—

(a) in paragraph 17(d), after “payment” insert “and, if the amount of that payment has been abated to less than £10 by a payment under the Armed Forces Pension Scheme 1975 or the Armed Forces Pension Scheme 2005, so much of the pension payable under either of those schemes as would not, in aggregate with the amount of the guaranteed income payment disregarded, exceed £10”;

(b) for paragraph 50 substitute—

“50.— (1) ) If the claimant is in receipt of any benefit under Part 2, 3 or 5 of the Contributions and Benefits Act, any increase in the rate of that benefit arising under Part 4 (increases for dependants) or section 106(a) (unemployability supplement) of that Act, where the dependant in respect of whom the increase is paid is not a member of the claimant’s family.

(2) If the claimant is in receipt of any pension or allowance under Part 2 or 3 of the Naval, Military and Air Forces Etc. (Disablement and Death) Service Pensions Order 2006(1), any increase in the rate of that pension or allowance under that Order, where the dependant in respect of whom the increase is paid is not a member of the claimant’s family. ”.

(4) In Schedule 9 (capital to be disregarded), in paragraph 54, for “war pension within the meaning in section 25 of the Social Security Act 1989” substitute “war disablement pension, war widow’s pension or war widower’s pension”.

(1)

S.I. 2006/606.