The Social Security (Miscellaneous Amendments No. 5) Regulations 2017

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations amend the following social security statutory instruments:

• The Income Support (General) Regulations 1987 (S.I. 1987/1967);

• The Jobseeker’s Allowance Regulations 1996 (S.I. 1996/207);

• The Social Security and Child Support (Decisions and Appeals) Regulations 1999 (S.I. 1999/991);

• 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 Employment and Support Allowance Regulations 2008 (S.I. 2008/794).

Regulation 2(2) amends the Income Support Regulations 1987 to insert a new paragraph 7A into Schedule 1B. This paragraph provides that persons in receipt of the daily living component of personal independence payment at the enhanced rate are a prescribed category of person for the purposes of those Regulations, but only where, immediately before receiving that benefit, the person was entitled to and in receipt of income support because he or she was treated as incapable of work under the Social Security (Incapacity for Work) (General) Regulations 1995 (S.I. 1995/311).

Regulations 2(3), 3, 5(4), 7(8) and 8 amend the Income Support (General) Regulations 1987, the Jobseeker’s Allowance Regulations 1996, the State Pension Credit Regulations 2002, the Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 2006 and the Employment and Support Allowance Regulations 2008 to provide that income received under an annuity purchased with a loan secured on a dwelling may be disregarded where, at the time the loan was made to the person, the person was aged 65 or, if it was higher at that time, pensionable age.

Regulation 4 amends the Social Security and Child Support (Decisions and Appeals) Regulations 1999 to remove reference to the claimant or their partner being aged 65 or over.

Regulations 5(2), 7(4) amend the State Pension Credit Regulations 2002 and the Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 2006 respectively to remove the requirement that exclusions from non-dependant deductions relating to non-dependant students be subject to certain conditions since, with the rising pensionable age, it is no longer relevant to make it a condition that the claimant or partner has attained the age of 65. Regulation 6 makes a similar amendment to the Housing Benefit Regulations 2006 but amends the condition so that the claimant or the claimant’s partner must be of pensionable age.

Regulation 5(3)(a) amends the State Pension Credit Regulations 2002 to provide that in order to be entitled to savings credit, one or more of the parties to a polygamous marriage must have attained pensionable age before 6 April 2016.

Regulation 5(3)(b) amends the State Pension Credit Regulations 2002 to provide a version of regulation 7A (limitations of savings credit) that will apply in relation to polygamous marriages.

Regulation 7(3), (5) and (7) amends the Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 2006 to align the Regulations with the rising pensionable age.

Regulation 7(6) amends the Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 2006 to introduce a requirement that persons likely to be absent from Great Britain for at least 4 weeks must notify the Secretary of State.

An impact assessment has not been provided for this instrument as it has no impact on business or civil society organisations.