The Social Security (Miscellaneous Amendments) (No. 7) Regulations 2008

Amendment of the Income Support (General) Regulations 1987

2.—(1) The Income Support (General) Regulations 1987 are amended as follows.

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

(a) in the definition of “concessionary payment”, for “under the Act, the Social Security Act or the Child Benefit Act 1975” substitute “or tax credits under the benefit Acts or the Tax Credits Act 2002(1)”;

(b) omit the definition of “mobility allowance”;

(c) in the definition of “mobility supplement”, for “article 26A of the Naval, Military and Air Forces etc (Disablement and Death) Service Pensions Order 1983” substitute “article 20 of the Naval, Military and Air Forces Etc. (Disablement and Death) Service Pensions Order 2006(2)”;

(d) in the definition of “training allowance”, in sub-paragraphs (a) and (c), for “National Assembly for Wales” substitute “Welsh Ministers”;

(e) omit the definition of “war widower’s pension”;

(f) insert the following definitions at the appropriate places in alphabetical order—

““war disablement pension” means any retired pay or pension or allowance payable in respect of disablement under an instrument specified in section 639(2) of the Income Tax (Earnings and Pensions) Act 2003(3);

“war pension” means a war disablement pension, a war widow’s pension or a war widower’s pension;

“war widow’s pension” means any pension or allowance payable to a woman as a widow under an instrument specified in section 639(2) of the Income Tax (Earnings and Pensions) Act 2003 in respect of the death or disablement of any person;

“war widower’s pension” means any pension or allowance payable to a man as a widower or to a surviving civil partner under an instrument specified in section 639(2) of the Income Tax (Earnings and Pensions) Act 2003 in respect of the death or disablement of any person;”.

(3) In regulation 13(3)(b)(ii) (circumstances in which persons in relevant education are to be entitled to income support), for “article 26 of the Naval, Military and Air Forces etc (Disablement and Death) Service Pensions Order 1983 (provision of expenses in respect of appropriate aids for disabled living)” substitute “article 21 of the Naval, Military and Air Forces Etc. (Disablement and Death) Service Pensions Order 2006 (medical expenses)”.

(4) In regulations 42(4)(a)(i) (notional income) and 51(3)(a)(i) (notional capital) omit “the Naval, Military and Air Forces Etc. (Disablement and Death) Service Pensions Order 1983 insofar as that Order is made under the Naval and Marine Pay and Pensions Act 1865 or the Pensions and Yeomanry Pay Act 1884, or is made only under section 12(1) of the Social Security (Miscellaneous Provisions) Act 1977 and”.

(5) In regulation 61(1) (interpretation)—

(a) in the definition of “access funds”, in sub-paragraph (e), for “National Assembly for Wales” substitute “Welsh Ministers”;

(b) in the definition of “full-time course of advanced education”, for “National Assembly for Wales” (where three times occurring) substitute “Welsh Ministers”;

(c) in the definition of “full-time course of study”, for “National Assembly for Wales” (where three times occurring) substitute “Welsh Ministers”.

(6) In Schedule 1B (prescribed categories of person), in paragraph 28 (persons engaged in training), for “National Assembly for Wales” substitute “Welsh Ministers”.

(7) In Schedule 9 (sums to be disregarded in the calculation of income other than earnings)—

(a) for paragraph 5 substitute—

“5.   Any housing benefit to which the claimant is entitled.”;

(b) in paragraph 6, for “Any mobility allowance or the” substitute “The”;

(c) for paragraph 7(b) substitute—

“(b) income support;

(c) an income-based jobseeker’s allowance; or

(d) an income-related employment and support allowance.”;

(d) in paragraph 11—

(i) for sub-paragraph (1)(a)(iii) substitute—

“(iii) directions made under section 73ZA of the Education (Scotland) Act 1980(4) and paid under section 12(2)(c) of the Further and Higher Education (Scotland) Act 1992(5); or”;

(ii) for sub-paragraph (2)(c) substitute—

“(c) directions made under section 73ZA of the Education (Scotland) Act 1980 and paid under section 12(2)(c) of the Further and Higher Education (Scotland) Act 1992,”;

(e) in paragraph 16—

(i) in sub-paragraph (c) omit “the Naval, Military and Air Forces Etc. (Disablement and Death) Service Pensions Order 1983 insofar as that Order is made under the Naval and Marine Pay and Pensions Act 1865 or the Pensions and Yeomanry Pay Act 1884, or is made only under section 12(1) of the Social Security (Miscellaneous Provisions) Act 1977 and”;

(ii) in sub-paragraph (cc), after “payment” insert “and, if the amount of that payment has been abated to less than £10 by a payment under the Armed Forces Pension Scheme 1975 or the Armed Forces Pension Scheme 2005, so much of the pension payable under either of those schemes as would not, in aggregate with the amount of the guaranteed income payment disregarded, exceed £10”;

(f) in paragraph 25—

(i) in sub-paragraph (1)(a), for “Secretary of State under section 51” substitute “Scottish Ministers under section 51A”;

(ii) omit sub-paragraph (1)(b);

(g) in paragraph 27—

(i) in sub-paragraph (d) omit “or”;

(ii) in sub-paragraph (e), for “1977.” substitute “1977 or established by an order made under section 18(2)(c) of the Health Service Act; or”;

(iii) after sub-paragraph (e) insert—

“(f) a Local Health Board established under section 16BA of the National Health Service Act 1977 or established by an order made under section 11 of the Health Service (Wales) Act.”;

(h) in paragraph 31, for “Part III of the Act” substitute “Part 8 of the Contributions and Benefits Act”;

(i) in paragraph 33, for “paragraph 2 of Schedule 6 to the Act” substitute “Part 10 of the Contributions and Benefits Act”;

(j) omit paragraph 47;

(k) for paragraphs 48 and 49 substitute—

“48.— (1) Any payment or repayment made—

(a) as respects England, under regulation 5, 6 or 12 of the National Health Service (Travel Expenses and Remission of Charges) Regulations 2003(6) (travelling expenses and health service supplies);

(b) as respects Wales, under regulation 5, 6 or 11 of the National Health Service (Travelling Expenses and Remission of Charges) (Wales) Regulations 2007 (7) (travelling expenses and health service supplies);

(c) as respects Scotland, under regulation 3, 5 or 11 of the National Health Service (Travelling Expenses and Remission of Charges) (Scotland) (No. 2) Regulations 2003(8) (travelling expenses and health service supplies).

(2) Any payment or repayment made by the Secretary of State for Health, the Scottish Ministers or the Welsh Ministers which is analogous to a payment or repayment mentioned in sub-paragraph (1).

49.   Any payment made to such persons entitled to receive benefits as may be determined by or under a scheme made pursuant to section 13 of the Social Security Act 1988(9) in lieu of vouchers or similar arrangements in connection with the provision of those benefits (including payments made in place of healthy start vouchers, milk tokens or the supply of vitamins).”;

(l) in paragraph 50, for “Secretary of State for Scotland” substitute “Scottish Ministers”;

(m) for paragraphs 52, 53 and 54 substitute—

“52.   Any council tax benefit.

53.— (1) ) If the claimant is in receipt of any benefit under Part 2, 3 or 5 of the Contributions and Benefits Act, any increase in the rate of that benefit arising under Part 4 (increases for dependants) or section 106(a) (unemployability supplement) of that Act, where the dependant in respect of whom the increase is paid is not a member of the claimant’s family.

(2) If the claimant is in receipt of any pension or allowance under Part 2 or 3 of the Naval, Military and Air Forces Etc. (Disablement and Death) Service Pensions Order 2006, any increase in the rate of that pension or allowance under that Order, where the dependant in respect of whom the increase is paid is not a member of the claimant’s family.

54.   Any supplementary pension under article 23(2) of the Naval, Military and Air Forces Etc. (Disablement and Death) Service Pensions Order 2006 (pensions to surviving spouses and surviving civil partners) and any analogous payment made by the Secretary of State for Defence to any person who is not a person entitled under that Order.”;

(n) for paragraph 56(1)(b) substitute—

“(b) equal to the amount specified in article 23(2) of the Naval, Military and Air Forces Etc. (Disablement and Death) Service Pensions Order 2006.”;

(o) omit paragraph 57;

(p) in paragraph 76(1), for “National Assembly for Wales” substitute “Welsh Ministers”.

(8) In Schedule 10 (capital to be disregarded)—

(a) in paragraph 18, for “Part III of the Act” substitute “Part 8 of the Contributions and Benefits Act”;

(b) in paragraph 19, for “section 26 of the Finance Act 1982 (deductions of tax from certain loan interest)” substitute “section 369 of the Income and Corporation Taxes Act 1988(10) (mortgage interest payable under deduction of tax)”;

(c) for paragraphs 38 and 39 substitute—

“38.— (1) Any payment or repayment made—

(a) as respects England, under regulation 5, 6 or 12 of the National Health Service (Travel Expenses and Remission of Charges) Regulations 2003 (travelling expenses and health service supplies);

(b) as respects Wales, under regulation 5, 6 or 11 of the National Health Service (Travelling Expenses and Remission of Charges) (Wales) Regulations 2007 (travelling expenses and health service supplies);

(c) as respects Scotland, under regulation 3, 5 or 11 of the National Health Service (Travelling Expenses and Remission of Charges) (Scotland) (No. 2) Regulations 2003 (travelling expenses and health service supplies),

but only for a period of 52 weeks from the date of receipt of the payment or repayment.

(2) Any payment or repayment made by the Secretary of State for Health, the Scottish Ministers or the Welsh Ministers which is analogous to a payment or repayment mentioned in sub-paragraph (1), but only for a period of 52 weeks from the date of receipt of the payment or repayment.

39.   Any payment made to such persons entitled to receive benefits as may be determined by or under a scheme made pursuant to section 13 of the Social Security Act 1988 in lieu of vouchers or similar arrangements in connection with the provision of those benefits (including payments made in place of healthy start vouchers, milk tokens or the supply of vitamins), but only for a period of 52 weeks from the date of receipt of the payment.”;

(d) in paragraph 40, for “Secretary of State for Scotland” substitute “Scottish Ministers”;

(e) for paragraph 41 substitute—

“41.   Any arrears of supplementary pension which is disregarded under paragraph 54 of Schedule 9 (sums to be disregarded in the calculation of income other than earnings) or of any amount which is disregarded under paragraph 55 or 56 of that Schedule, but only for a period of 52 weeks from the date of receipt of the arrears.”;

(f) omit paragraphs 47, 48 and 49;

(g) in paragraph 63—

(i) for sub-paragraph (1)(a)(iii) substitute—

“(iii) directions made under section 73ZA of the Education (Scotland) Act 1980 and paid under section 12(2)(c) of the Further and Higher Education (Scotland) Act 1992; or”;

(ii) for sub-paragraph (2)(c) substitute—

“(c) directions made under section 73ZA of the Education (Scotland) Act 1980 and paid under section 12(2)(c) of the Further and Higher Education (Scotland) Act 1992,”;

(h) in paragraph 65 omit “within the meaning in section 25 of the Social Security Act 1989”;

(i) in paragraph 66(1), for “National Assembly for Wales” substitute “Welsh Ministers”.

(1)

2002 c. 21.

(2)

S.I. 2006/606.

(3)

2003 c. 1. Subsection (2) was inserted into section 639 by section 19(4) of the Finance Act 2005 (c. 7).

(4)

Section 73ZA was inserted by the Further and Higher Education (Scotland) Act 2005 (asp 6), section 19(1).

(5)

1992 c. 37.

(6)

S.I. 2003/2382.

(7)

S.I. 2007/1104.

(8)

S.S.I 2003/460.

(9)

1988 c. 7.

(10)

1988 c. 1.