The Social Security (Miscellaneous Amendments) (No.4) Regulations 2007

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations amend the Social Security (Claims and Payments) Regulations 1987, (“the 1987 Regulations”), the Social Security and Child Support (Decisions and Appeals) Regulations 1999 (“the 1999 Regulations”), the Housing Benefit Regulations 2006 (“the 2006 Regulations”), the Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 2006, the Council Tax Benefit Regulations 2006 and the Council Tax Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 2006.

Regulation 2 amends the 1987 Regulations. Paragraph (2) extends the list of exceptions to the general rule of the necessity to make a claim to be entitled to benefit.

Paragraphs (3) and (11) insert provisions which enable a claimant to benefit from either the linking rules in the circumstances described in regulation 6 or the rules relating to the prescribed time for claiming benefit in regulation 19 and not both at the same time.

Paragraphs (4) to (7) have the effect that the transitional protection which applies for payment of child dependency increases is not lost where a disabled person goes into hospital or other accommodation.

Paragraph (8) enables a further claim for income support to be treated as made on the first day of an award of a linked benefit.

Paragraphs (9) and (10) enable carer’s allowance to be paid from the date that entitlement first arises in the circumstances described in regulation 6(33) of the 1987 Regulations.

Paragraphs (12) and (13) enable arrears of benefit to be paid to a spouse or civil partner of a deceased claimant without the need for a written application to be made for such payment.

Paragraph (14) amends regulation 33(1)(c) by substituting the word “deputy” for “receiver” to enable the appointee process to reflect changes introduced by the Mental Capacity Act 2005.

Regulation 3 amends the 1999 Regulations. Paragraphs (2) to (4) enable the Secretary of State to revise a decision at any time where there is a non-medical change of circumstances relating to a disability or incapacity benefit decision.

Paragraph (5) enables the Secretary of State to revise a decision which awarded incapacity benefit from a date later than the first day of claim because of the rule contained in regulation 28(2)(b) of the Social Security (Incapacity for Work) (General) Regulations 1995, when the claimant subsequently passes the personal capability assessment.

Paragraphs (6) and (7) have the effect of adding a further sub-paragraph to regulation 7(2) of the 1999 Regulations. The amendment enables the existing provision to apply only to the person being cared for and not the carer.

Paragraph (8) amends regulation 7A(1) of the 1999 Regulations to extend the definition of an “incapacity benefit decision” to cover an award of long term incapacity benefit under regulation 17(1) of the Social Security (Incapacity Benefit) (Transitional) Regulations 1995.

Paragraph (9) amends the definition of “patient” in paragraph 6 of Schedule 3B to the 1999 Regulations to refer to the Social Security (Hospital In-Patient) Regulations 2005.

Regulation 4 amends the 2006 Regulations. Paragraphs (2) and (3) provide that regulation 79(1) and (2) apply subject to the provisions contained in regulation 8(3) of the Housing Benefit and Council Tax Benefit (Decisions and Appeals) Regulations 2001.

Regulation 5 amends the Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 2006. Paragraphs (2) and (3) provide that regulation 59(1) and (2) apply subject to the provisions contained in regulation 8(3) of the Housing Benefit and Council Tax Benefit (Decisions and Appeals) Regulations 2001.

Regulation 6 amends the Council Tax Benefit Regulations 2006. Paragraph (2) provides that regulation 67 applies subject to the provisions contained in regulation 8(3) of the Housing Benefit and Council Tax Benefit (Decisions and Appeals) Regulations 2001.

Regulation 7 amends the Council Tax Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 2006. Paragraph (2) provides that regulation 50(1) applies subject to the provisions contained in regulation 8(3) of the Housing Benefit and Council Tax Benefit (Decisions and Appeals) Regulations 2001.

Regulation 8 revokes regulations 7(2A) and 8(12) and (13) of the Housing Benefit and Council Tax (Decisions and Appeals) Regulations 2001. These provisions are revoked given that they are now redundant.

A full regulatory impact assessment has not been carried out in respect of these Regulations as they do not impose a cost on business, charities or the voluntary sector.