The Social Security (Lebanon) Amendment Regulations 2006

Statutory Instruments

2006 No. 1981

SOCIAL SECURITY

The Social Security (Lebanon) Amendment Regulations 2006

Made

24th July 2006

Laid before Parliament

24th July 2006

Coming into force

25th July 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), 131(3)(b), 135(1) and (2), 137(1) and (2) and 175(1), (3) and (4) of the Social Security Contributions and Benefits Act 1992(1), sections 4(5) and (12), 35(1) and 36(2) and (4) of, and paragraph 11 of Schedule 1 to, the Jobseekers Act 1995(2) and sections 1(5)(a) and 17(1) of the State Pension Credit Act 2002(3).

In respect of the provisions in these Regulations relating to housing benefit and council tax benefit, the Secretary of State has not consulted with organisations appearing to him to be representative of the authorities concerned because it appears to him to be inexpedient to do so by reason of the urgency of the matter(4).

For the same reason it also appears to him to be inexpedient to refer proposals to make these Regulations to the Social Security Advisory Committee(5).

Citation, commencement and effect

1.—(1) These Regulations shall be cited as the Social Security (Lebanon) Amendment Regulations 2006 and shall come into force on 25th July 2006.

(2) These Regulations shall cease to have effect on 31st January 2007; and the following regulations shall have effect on and after that date as if the amendments made to them by these Regulations had not been made—

(a) the Income Support (General) Regulations 1987(6);

(b) the Jobseeker’s Allowance Regulations 1996(7);

(c) the State Pension Credit Regulations 2002(8);

(d) the Housing Benefit Regulations 2006(9);

(e) the Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 2006(10);

(f) the Council Tax Benefit Regulations 2006(11); and

(g) the Council Tax Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 2006(12).

Amendment of the Income Support (General) Regulations 1987

2.—(1) Regulation 21AA of the Income Support (General) Regulations 1987(13) (special cases: supplemental – persons from abroad) is amended as follows.

(2) At the end of paragraph (4)(i), omit “or”.

(3) At the end of paragraph (4)(j), insert “; or” and the following sub-paragraph—

“(k) a person in Great Britain who left Lebanon on or after 12th July 2006 because of the armed conflict there.”.

Amendment of the Jobseeker’s Allowance Regulations 1996

3.—(1) Regulation 85A of the Jobseeker’s Allowance Regulations 1996(14) (special cases: supplemental – persons from abroad) is amended as follows.

(2) At the end of paragraph (4)(i), omit “or”.

(3) At the end of paragraph (4)(j), insert “; or” and the following sub-paragraph—

“(k) a person in Great Britain who left Lebanon on or after 12th July 2006 because of the armed conflict there.”.

Amendment of the State Pension Credit Regulations 2002

4.—(1) Regulation 2 of the State Pension Credit Regulations 2002(15) (persons not in Great Britain) is amended as follows.

(2) At the end of paragraph (4)(i), omit “or”.

(3) At the end of paragraph (4)(j), insert “; or” and the following sub-paragraph—

“(k) a person in Great Britain who left Lebanon on or after 12th July 2006 because of the armed conflict there.”.

Amendment of the Housing Benefit Regulations 2006

5.—(1) Regulation 10 of the Housing Benefit Regulations 2006(16) (persons from abroad) is amended as follows.

(2) At the end of paragraph (3B)(j), omit “or”.

(3) After paragraph (3B)(j) insert—

“(jj) a person in Great Britain who left Lebanon on or after 12th July 2006 because of the armed conflict there; or”.

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

6.—(1) Regulation 10 of the Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 2006(17) (persons from abroad) is amended as follows.

(2) At the end of paragraph (4A)(j), omit “or”.

(3) After paragraph (4A)(j) insert—

“(jj) a person in Great Britain who left Lebanon on or after 12th July 2006 because of the armed conflict there; or”.

Amendment of the Council Tax Benefit Regulations 2006

7.—(1) Regulation 7 of the Council Tax Benefit Regulations 2006(18) (persons from abroad) is amended as follows.

(2) At the end of paragraph (4A)(j), omit “or”.

(3) After paragraph (4A)(j), insert—

“(jj) a person in Great Britain who left Lebanon on or after 12th July 2006 because of the armed conflict there; or”.

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

8.—(1) Regulation 7 of the Council Tax Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 2006(19) (persons from abroad) is amended as follows.

(2) At the end of paragraph (4A)(j), omit “or”.

(3) After paragraph (4A)(j), insert—

“(jj) a person in Great Britain who left Lebanon on or after 12th July 2006 because of the armed conflict there; or”.

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

James Plaskitt

Parliamentary Under Secretary of State,

Department for Work and Pensions

24th July 2006

Explanatory Note

(This note is not part of the Regulations)

These Regulations amend the Income Support (General) Regulations 1987 (S.I. 1987/1967), the Jobseeker’s Allowance Regulations 1996 (S.I. 1996/207), the State Pension Credit Regulations 2002 (S.I. 2002/1792), the Housing Benefit Regulations 2006 (S.I. 2006/213), the Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 2006 (S.I. 2006/214), the Council Tax Benefit Regulations 2006 (S.I. 2006/215) and the Council Tax Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 2006 (S.I. 2006/216) (“the income-related benefit regulations”).

The income-related benefit regulations provide that a person is ineligible for benefit where he or she is a “person from abroad”, that is to say where he or she is not habitually resident in the United Kingdom, the Channel Islands, the Isle of Man or the Republic of Ireland, subject to a list of exceptions. The amendments made by these Regulations insert a new category into the list of persons who are excepted from having to satisfy the habitual residence test. This excepts persons in Great Britain who left Lebanon on or after 12th July 2006 because of the armed conflict there.

These Regulations cease to have effect on 31st January 2007. From that date the additional category will be omitted.

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

(1)

1992 c. 4; sections 123, 131, 135 and 137 were amended, with respect to council tax benefit, by Schedule 9 to the Local Government Finance Act 1992 (c. 14), paragraphs 1(1), 4, 8 and 9. Section 137(1) is cited because of the meaning given to the word “prescribed”. Section 175(1), (3) and (4) is applied to provisions of the State Pension Credit Act 2002 (c. 16) by section 19(1) of that Act.

(2)

1995 c. 18; section 35(1) is cited because of the meaning given to the words “applicable amount”, “prescribed” and “regulations”.

(3)

2002 c. 16; section 17(1) is cited because of the meaning given to the word “regulations”.

(4)

See section 176 of the Social Security Administration Act 1992 (c. 5).

(5)

See sections 172 and 173 of the Social Security Administration Act 1992 (c. 5).

(6)

S.I. 1987/1967.

(7)

S.I. 1996/207.

(8)

S.I. 2002/1792.

(9)

S.I. 2006/213.

(10)

S.I. 2006/214.

(11)

S.I. 2006/215.

(12)

S.I. 2006/216.

(13)

Regulation 21AA was inserted by S.I. 2006/1026.

(14)

Regulation 85A was inserted by S.I. 2006/1026.

(15)

Regulation 2 was substituted by S.I. 2006/1026.

(16)

Regulation 10 was amended by S.I. 2006/1026.

(17)

Regulation 10 was amended by S.I. 2006/1026.

(18)

Regulation 7 was amended by S.I. 2006/1026.

(19)

Regulation 7 was amended by S.I. 2006/1026.