The Social Security (Miscellaneous Amendments) Regulations 2005

Amendments in relation to the Armed Forces and Reserve Forces Compensation Scheme

2.—(1) In regulation 2(1) of each of the Income Support Regulations, F1 ... regulation 1(3) of the Jobseeker's Allowance Regulations and regulation 1(2) of the State Pension Credit Regulations (interpretation) at the appropriate place insert the following definitions—

““the Armed Forces and Reserve Forces Compensation Scheme” means the scheme established under section 1(2) of the Armed Forces (Pensions and Compensation) Act 2004 M1 ;”;

““a guaranteed income payment” means a payment made under article 14(1)(b) or article 21(1)(a) of the Armed Forces and Reserve Forces (Compensation Scheme) Order 2005 M2 ;”.

(2) In regulation 15(5) of the State Pension Credit Regulations M3 (income for the purposes of the Act) after sub-paragraph (a) insert—

“(aa) a guaranteed income payment;

(ab) a payment made under article 21(1)(c) of the Armed Forces and Reserve Forces (Compensation Scheme) Order 2005 but only where the condition referred to in article 23(2)(c) is met;”.

F2 (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F2 (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5) In regulations 42(4)(a)(i) M4 and 51(3)(a)(i) M5 of the Income Support Regulations (notional income and notional capital) after the words “benefit Acts,” insert “ a payment from the Armed Forces and Reserve Forces Compensation Scheme, ”.

(6) In regulations 105(10)(a)(i) and 113(3)(a)(i) of the Jobseeker's Allowance Regulations M6 (notional income and notional capital) after the words “Benefits Act,” insert “ a payment from the Armed Forces and Reserve Forces Compensation Scheme, ”.

(7) In each of the provisions specified in paragraph (8)—

(a) after sub-paragraph (c) insert—

“(cc) a guaranteed income payment;”;

(b) in sub-paragraph (d) after the word “pension” insert “ or payment ”;

(c) in sub-paragraph (e) substitute the words “ pensions mentioned in sub-paragraphs (a) to (c) above ” with “pensions or payments mentioned in sub-paragraphs (a) to (cc) above”.

(8) The provisions specified for the purposes of paragraph (7) (which relate to the sums to be disregarded in the calculation of income other than earnings) are—

(a) paragraph 16 of Schedule 9 to the Income Support Regulations M7 ;

F3 (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F3 (c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(d) paragraph 1 of Schedule IV to the State Pension Credit Regulations M8 .

(9) In paragraph 17 of Schedule 7 to the Jobseeker's Allowance Regulations (sums to be disregarded in the calculation of income other than earnings)—

(a) after sub-paragraph (a) insert—

“(aa) a guaranteed income payment or a payment made to compensate for the non-payment of a guaranteed income payment;”;

(b) in sub-paragraph (b) after head (ii) add—

“(iii) or analogous to a guaranteed income payment;”.

Textual Amendments

F1 Words in reg. 2(1) revoked (6.3.2006) by The Housing Benefit and Council Tax Benefit (Consequential Provisions) Regulations 2006 (S.I. 2006/217), reg. 1(1), Sch. 1 (with regs. 2, 3, Sch. 3, 4)

F2 Reg. 2(3)(4) revoked (6.3.2006) by The Housing Benefit and Council Tax Benefit (Consequential Provisions) Regulations 2006 (S.I. 2006/217), reg. 1(1), Sch. 1 (with regs. 2, 3, Sch. 3, 4)

F3 Reg. 2(8)(b)(c) revoked (6.3.2006) by The Housing Benefit and Council Tax Benefit (Consequential Provisions) Regulations 2006 (S.I. 2006/217), reg. 1(1), Sch. 1 (with regs. 2, 3, Sch. 3, 4)

Marginal Citations

M1 2004 c. 32.

M2 S.I. 2005/439

M3 The relevant amending instruments are S.I. 2003/2274 and 2004/2327.

M4 Paragraph (4) was substituted by S.I. 1988/1445. The relevant amending instruments are S.I. 1995/2792, 1995/3282, 1998/2117, 2002/841 and 2003/455.

M5 Paragraph (3) was substituted by S.I. 1988/1445. The relevant amending instruments are S.I. 1997/65, 1998/2117, 2002/841 and 2003/455.

M6 The relevant amending instruments are S.I. 1998/2117, 2002/841 and 2003/455.

M7 Paragraph 16 was substituted by S.I. 1995/2792.

M8 The relevant amending instrument is S.I. 2003/2274.