The Social Security (Equalisation of State Pension Age) Regulations 2009

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations amend various enactments in consequence of the equalisation of state pension age introduced by the Pensions Act 1995 (c. 26). The amendments provide that where benefit provision is aligned with the age at which women become eligible for state pension, that alignment will be maintained as women’s state pension age increases from 6th April 2010.

Regulations 2 to 4 amend the Income Support (General) Regulations 1987 (S.I. 1987/1967) with respect to:

• eligibility for the disability premium, enhanced disability premium, pensioner premium and higher pensioner premium;

• the disregard of the capital value of a property occupied by a relative aged 60 or over.

Regulations 5 and 6 amend the Social Security (Claims and Payments) Regulations 1987 (S.I. 1987/1968) with respect to the qualifying age for a winter fuel payment.

Regulations 7 and 8 amend the Social Security (Incapacity Benefit) (Transitional) Regulations 1995 (S.I. 1995/310) to substitute the definition of “pensionable age” for that provided by the Pensions Act 1995.

Regulations 9 to 17 amend the Jobseeker’s Allowance Regulations 1996 (S.I. 1996/207) to:

• make provision corresponding to that made by regulations 2 to 4;

• phase out provision enabling men aged 60 or over to have days treated as part of a jobseeking period when they are not actively seeking work;

• increase the age from which housing costs can be included without a waiting period;

• make changes to the conditions for eligibility for the higher disregard of earnings to correspond with those made to the disability and higher pensioner premiums..

Regulations 18 to 21 amend the Social Fund Winter Fuel Payment Regulations 2000 (S.I. 2000/729) to increase the qualifying age for entitlement to a winter fuel payment.

Regulations 22 and 23 amend the State Pension Credit Regulations 2002 (S.I. 2002/1792) to make provision corresponding to that made by regulation 4 with respect to the disregard of capital.

Regulations 24 to 39 amend 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) to:

• make the relevant corresponding changes to those made by the amendment of the Jobseeker’s Allowance Regulations 1996;

• enable an advance claim for benefit to be made up to 17 weeks before the claimant attains the qualifying age for state pension credit.

Regulations 40 and 41 amend the Housing Benefit and Council Tax Benefit (Consequential Provisions) Regulations 2006 (S.I. 2006/217) in relation to the age at which restrictions on the amount of benefit payable in respect of rent are subject to additional conditions in the case of a person whose Housing Benefit is determined under rules in force at 1st January 1996.

Regulations 42 to 44 amend the Employment and Support Allowance Regulations 2008 (S.I 2008/794) with respect to the age requirement for an exemption from disqualification for misconduct and to make provision corresponding to that made by regulation 4 with respect to the disregard of capital.

A full impact assessment has not been produced for this instrument as it has no impact on the private or voluntary sectors.