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The Social Security (Income and Capital Disregards) (Amendment) Regulations 2023

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Amendment of the State Pension Credit Regulations 2002

This section has no associated Explanatory Memorandum

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

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

(a)for the definition of “Grenfell Tower payment” substitute—

Grenfell Tower payment” means a payment made for the purpose of providing compensation or support in respect of the fire on 14th June 2017 at Grenfell Tower;;

(b)at the appropriate places insert—

the Horizon system” means any version of the computer system used by the Post Office known as Horizon, Horizon Legacy, Horizon Online or HNG-X;”;

the Post Office” means Post Office Limited (registered number 02154540);”;

Post Office compensation payment” means a payment made by the Post Office or the Secretary of State for the purpose of providing compensation or support which is—

(a)

in connection with the failings of the Horizon system; or

(b)

otherwise payable following the judgment in Bates and Others v Post Office Ltd ((No. 3) “Common Issues”)(2);”;

vaccine damage payment” means a payment made under the Vaccine Damage Payments Act 1979;;

(c)in the definition of “qualifying person”, for “or a Windrush payment” substitute “, a Windrush payment, a Post Office compensation payment or a vaccine damage payment”.

(3) In Schedule 2 (housing costs), in paragraph 14(8) (persons residing with the claimant), after sub-paragraph (bc) insert—

(bd)any Post Office compensation payment;.

(4) In Schedule 5 (income from capital), in paragraph 15 (capital disregarded for purpose of calculating income)—

(a)in sub-paragraph (1A), after “Windrush payment” insert “, Post Office compensation payment or vaccine damage payment”;

(b)in each of sub-paragraphs (2) to (6), for “or a Windrush payment” substitute “, a Windrush payment, a Post Office compensation payment or a vaccine damage payment”.

(1)

S.I. 2002/1792. Relevant amending instruments are S.I. 2020/618 and 2021/1405.

(2)

[2019] EWHC 606 (QB).

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