The Social Security (Miscellaneous Amendments) (No.2) Regulations 2008

EXPLANATORY NOTE

(This note is not part of the Regulations)

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

Regulation 2 amends the Social Security and Child Support (Decisions and Appeals) Regulations 1999 so as to correct the structure of regulation 7(2) of those Regulations.

Regulation 3 amends the Housing Benefit Regulations 2006. In particular—

• It omits references to the pensioner and higher pension premiums, as those who in the past have been in receipt of these premiums will now have their housing benefit calculated under the Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 2006. It also makes consequential amendments (paragraphs (3)(b), (4)(a) and (b), (7)(a), (10)(b), (d) to (f), (11)(a), (b), (d) and (e)).

• Similarly paragraphs (5) and (12)(b) omit provisions relating to income derived from pension schemes or an annuity as those covered by these provisions will have their housing benefit calculated under the Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 2006.

• Paragraph (2)(a) corrects the definition of concessionary payment and paragraph (2)(b) omits an obsolete definition.

• Paragraphs (6)(b) and (c), (7)(b) to (d) and (8) update references to various Student Support and Student Allowance regulations.

• Paragraphs (12)(g) and (13)(e) omit a redundant reference to the Welfare Food Regulations 1996.

• Paragraph (12)(h) makes amendments with the effect that the child maintenance disregard is to be increased from £15 per week to the full amount.

• Paragraphs (3)(a), (6)(a), (7)(e), (9), (10)(a), (11)(c) and (f), (12)(c), (d) and (f) and (13)(a), (b), (d), (f) and (g) correct errors which were made in the consolidation of the Housing Benefit Regulations, mainly of a typographical nature.

Regulation 4 amends the Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 2006. In particular –

• Paragraph (2)(b) omits an obsolete definition and paragraph (2)(c) updates the references to Student Support Regulations in the definition of sandwich course.

• Paragraph (7) amends the list of disregards which enable a higher rate of recovery. This amendment restores the policy intention in place before the regulations for those over the qualifying age for state pension credit were separated from those of working age.

• The remainder of regulation 4 corrects errors of a typographical nature that were made in the consolidation of the Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 2006.

Regulation 5 amends the Council Tax Benefit Regulations 2006. In particular –

• Paragraph (8)(b) omits the pensioner and higher pension premiums as those who in the past have been in receipt of these premiums will now have their housing benefit calculated under the Council Tax Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 2006 and paragraphs (2), (8)(a), (c) to (e) and (9) make consequential amendments.

• Paragraph (3) and (10)(d) omit provisions relating to income derived from pension schemes or an annuity as those covered by these provisions will have their housing benefit calculated under the Council Tax Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 2006.

• Paragraph (4) updates references to the Student Support and Student Allowance regulations.

• Paragraph (5), (6) and (7) substitute references to “4 weeks” in regulation 70, 71 and 72, which aligns these regulations with the equivalent regulations in the Housing Benefit Regulations.

• Paragraph (10)(b) and (11)(a) omit a redundant reference to the Welfare Food Regulations.

• Paragraph (10)(c) makes an equivalent amendment to the child maintenance disregard as regulation 3(12)(f) above.

Regulation 6 amends the Council Tax Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 2006. In particular-

• Paragraph (2) updates the references to Student Support Regulations in the definition of sandwich course.

• Paragraph (4) clarifies that a person who has attained the age of 59 years and 35 weeks and who makes a claim for the period following his 60^th birthday will be assessed under the Council Tax Benefit (Persons who have attained the qualifying age for state pension credit) Regulations.

• Paragraph (5)(c) ensures that those who ceased to be entitled to Income Support or Jobseeker’s Allowance as a result of the supporting people’s provisions will still be entitled to full Council Tax Benefit.

• Paragraph (6) clarifies the rules regarding capital when determining alternative maximum Council Tax Benefit.

Regulation 7 amends the Housing Benefit and Council Tax Benefit (Consequential Provisions) Regulations 2006 so as to correct errors of a typographical nature that were made in the consolidation of the Housing Benefit Regulations 2006 and Council Tax Benefit Regulations 2006.

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