The Social Security (Miscellaneous Amendments) (No. 7) Regulations 2008
The Secretary of State for Work and Pensions makes the following Regulations in exercise of powers conferred by—
- sections 134(8)(a) and 139(6)(a) of the Social Security Administration Act 19921,
- sections 123(1)(a), (d) and (e), 130(2), 136(1), (3), (4) and (5), 136A(3), 137(1) and 175(1) to (4) of the Social Security Contributions and Benefits Act 19922,
- sections 12(1), (2), (4), 35(1) and 36(1), (2) and (4) of the Jobseekers Act 19953,
- sections 15(1)(e) and (j) and (2) to (6), 17(1) and 19(1) of the State Pension Credit Act 20024,
- sections 17, 24(1) and 25 of the Welfare Reform Act 20075.
Citation and commencement1.
(1)
These Regulations may be cited as the Social Security (Miscellaneous Amendments) (No. 7) Regulations 2008 and, subject to paragraph (2), come into force on 5th January 2009.
(2)
Regulations 2(7)(c), 2(7)(e)(ii), 3(10)(b), 3(10)(d), 3(10)(l), 3(11)(a), 4(3)(a), 4(5)(c), 4(5)(g), 4(6)(b) and (f) and 11(3)(a) in so far as they relate to a particular beneficiary, shall come into force on the first day of the first benefit week to commence for that beneficiary on or after 5th January 2009.
(3)
In this regulation “benefit week” has the same meaning as in—
(a)
(b)
(c)
(d)
Amendment of the Income Support (General) Regulations 19872.
(1)
The Income Support (General) Regulations 1987 are amended as follows.
(2)
In regulation 2(1) (interpretation)—
(a)
(b)
omit the definition of “mobility allowance”;
(c)
(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)
““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 200314;“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)
“5.
Any housing benefit to which the claimant is entitled.”;
(b)
in paragraph 6, for “Any mobility allowance or the” substitute “The”;
(c)
“(b)
income support;
(c)
an income-based jobseeker’s allowance; or
(d)
an income-related employment and support allowance.”;
(d)
in paragraph 11—
(i)
(ii)
“(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)
“(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)
“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 200317 (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 18 (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 200319 (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 198820 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)
“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)
“(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)
(c)
“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)
“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)
“(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)
“(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”.
Amendment of the Jobseeker’s Allowance Regulations 19963.
(1)
The Jobseeker’s Allowance Regulations 1996 are amended as follows.
(2)
In regulation 1(3) (interpretation)—
(a)
(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 student”, for “National Assembly for Wales” (where three times occurring) substitute “Welsh Ministers”;
(d)
(e)
in the definition of “training allowance”, in sub-paragraphs (a) and (c), for “National Assembly for Wales” substitute “Welsh Ministers”;
(f)
omit the definitions of “war disablement pension”, “war widow’s pension” and “war widower’s pension”;
(g)
““the benefit Acts” means the Act, the Benefits Act and Part 1 of the Welfare Reform Act 200724;“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 200325;“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 11(3) (part-time students), for “National Assembly for Wales” substitute “Welsh Ministers”.
(4)
In regulation 57(1) (interpretation of Part IV), in the definition of “training”, for “National Assembly for Wales” substitute “Welsh Ministers”.
(5)
In regulation 75(1)(b)(i) (interpretation), for “National Assembly for Wales” substitute “Welsh Ministers”.
(6)
In regulation 105(10)(a)(i) (notional income) and 113(3)(a)(i) (notional capital), for “Act or under the Benefits Act, a payment from the Armed Forces and Reserve Forces Compensation Scheme, a war disablement pension or war widow’s pension or war widower’s pension” substitute “benefit Acts, a payment from the Armed Forces and Reserve Forces Compensation Scheme, a war disablement pension, war widow’s pension or war widower’s pension or a pension payable to a person as a widow, widower or surviving civil partner under any power of Her Majesty otherwise than under an enactment to make provision about pensions for or in respect of persons who have been disabled or have died in consequence of service as members of the armed forces of the Crown”.
(7)
In regulation 130 (interpretation), in the definition of “access funds”, in sub-paragraph (e), for “National Assembly for Wales” substitute “Welsh Ministers”.
(8)
In regulation 170(2) (persons in receipt of a training allowance), for “National Assembly for Wales” substitute “Welsh Ministers”.
(9)
In Schedule A1 (categories of members of a joint-claim couple who are not required to satisfy the conditions in section 1(2B)(b)), in paragraph 16 (young persons in training), for “National Assembly for Wales” substitute “Welsh Ministers”.
(10)
In Schedule 7 (sums to be disregarded in the calculation of income other than earnings)—
(a)
“7.
The mobility component of disability living allowance.”;
(b)
“(b)
income support;
(c)
an income-based jobseeker’s allowance; or
(d)
an income-related employment and support allowance.”;
(c)
in paragraph 12—
(i)
(ii)
“(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,”;
(d)
“17.
Subject to paragraphs 38 and 39, £10 of any of the following, namely—
(a)
a war disablement pension (except insofar as such a pension falls to be disregarded under paragraph 9 or 10);
(b)
a war widow’s pension or war widower’s pension;
(c)
a pension payable to a person as a widow, widower or surviving civil partner under any power of Her Majesty otherwise than under an enactment to make provision about pensions for or in respect of persons who have been disabled or have died in consequence of service as members of the armed forces of the Crown;
(d)
a guaranteed income payment 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;
(e)
a payment made to compensate for the non-payment of such a pension or payment as is mentioned in any of the preceding sub-paragraphs;
(f)
a pension paid by the government of a country outside Great Britain which is analogous to any of the pensions or payments mentioned in sub-paragraphs (a) to (d) above;
(g)
a pension paid to victims of National Socialist persecution under any special provision made by the law of the Federal Republic of Germany, or any part of it, or of the Republic of Austria;
(h)
any widowed mother’s allowance paid pursuant to section 37 of the Benefits Act;
(i)
any widowed parent’s allowance paid pursuant to section 39A of the Benefits Act. ”;
(e)
in paragraph 26—
(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);
(f)
in paragraph 28—
(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)
“(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.”;
(g)
omit paragraph 40;
(h)
in paragraph 43, for “Act or under the Benefits Act” substitute “benefit Acts”;
(i)
omit paragraph 46;
(j)
“47.
(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 200328 (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 200729 (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 200330 (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).
48.
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 198831 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).”;
(k)
in paragraph 49, for “Secretary of State for Scotland” substitute “Scottish Ministers”;
(l)
“52.
(1)
) If the claimant is in receipt of any benefit under Part 2, 3 or 5 of the 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.
53.
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.”;
(m)
“(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.”;
(n)
in paragraph 72(1), for “National Assembly for Wales” substitute “Welsh Ministers”.
(11)
In Schedule 8 (capital to be disregarded)—
(a)
in paragraph 12(1)(b), for “a jobseeker’s” substitute “an income-based jobseeker’s”;
(b)
in paragraph 34, for “Act or under the Benefits Act” substitute “benefit Acts”;
(c)
“36.
(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.
37.
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 198832 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 38, for “Secretary of State for Scotland” substitute “Scottish Ministers”;
(e)
“39.
Any arrears of supplementary pension which is disregarded under paragraph 53 of Schedule 7 (sums to be disregarded in the calculation of income other than earnings) or of any amount which is disregarded under paragraph 54 or 55 of that Schedule, but only for a period of 52 weeks from the date of receipt of the arrears.”;
(f)
in paragraph 52—
(i)
“(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)
“(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,”;
(g)
in paragraph 58 omit “within the meaning in section 25 of the Social Security Act 1989”;
(h)
in paragraph 59(1), for “National Assembly for Wales” substitute “Welsh Ministers”.
Amendment of the State Pension Credit Regulations 20024.
(1)
The State Pension Credit Regulations 2002 are amended as follows.
(2)
“(f)
any payment based on a need for attendance which is paid as part of a war disablement pension, or any other such payment granted in respect of disablement which falls within regulation 15(5)(ac);”.
(3)
In regulation 15(5) (income for the purposes of the Act)—
(a)
“(a)
a payment made—
(i)
under article 30 of the Naval, Military and Air Forces Etc. (Disablement and Death) Service Pensions Order 200633, in any case where article 30(1)(b) applies; or(ii)
under article 12(8) of that Order, in any case where sub-paragraph (b) of that article applies;”;
(b)
in sub-paragraph (ab), for “but only where the condition referred to in article 23(2)(c) is met” substitute “, in any case where article 23(2)(c) applies”;
(c)
“(ac)
any retired pay, pension or allowance granted in respect of disablement or any pension or allowance granted to a widow, widower or surviving civil partner in respect of a death due to service or war injury under an instrument specified in section 639(2) of the Income Tax (Earnings and Pensions) Act 200334, where such payment does not fall within paragraph (a) of the definition of “war disablement pension” in section 17(1) of the State Pension Credit Act 2002 or, in respect of any retired pay or pension granted in respect of disablement, where such payment does not fall within paragraph (b) of that definition;”.
(4)
In regulation 17B(4)(b) (earnings of self-employed earners), in the substituted paragraph (2)—
(a)
in sub-paragraph (d)(iv) omit “or”;
(b)
in sub-paragraph (d)(v), for “1977;” substitute “1977 or established by an order made under section 18(2)(c) of the Health Service Act; or”;
(c)
“(vi)
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;”.
(5)
In Schedule 4 (amounts to be disregarded in the calculation of income other than earnings)—
(a)
“(ba)
unless paragraph 1(a) or (b) applies, any payment described in regulation 15(5)(ac) (except insofar as such a payment falls to be disregarded under paragraph 2 or 3);”;
(b)
in paragraph 1(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”;
(c)
in paragraph 1(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”;
(d)
in paragraph 3, 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”;
(e)
“4.
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.”;
(f)
“(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.”;
(g)
in paragraph 12—
(i)
for “pension under Part IV of the Naval, Military and Air Forces etc. (Disablement and Death) Service Pensions Order 1983” substitute “pension or allowance under Part 2 or 3 of the Naval, Military and Air Forces Etc. (Disablement and Death) Service Pensions Order 2006”;
(ii)
omit “spouse or civil”;
(h)
omit paragraph 17.
(6)
In Schedule 5 (income from capital)—
(a)
“(2)
In sub-paragraph (1), “war disablement pension” and “war widow’s or widower’s pension” include any payment described in regulation 15(5)(ac).”;
(b)
in paragraph 17, after “18 to 20” insert “or 20B”;
(c)
in paragraph 20—
(i)
in sub-paragraph (1)(d), for “National Assembly for Wales” substitute “Welsh Ministers”;
(ii)
in sub-paragraph (2)(i), for “a war widow’s or widower’s pension” substitute “any other such amount described in regulation 15(5)(ac)”;
(d)
in paragraph 20A(2) omit sub-paragraphs (c) and (d);
(e)
“(f)
paragraph 9(2) of Schedule 6 to the Housing Benefit Regulations 200635;(g)
paragraph 22 of Schedule 6 to the Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 200636;(h)
paragraph 9(2) of Schedule 5 to the Council Tax Benefit Regulations 200637; or(i)
paragraph 22 of Schedule 4 to the Council Tax Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 200638;”;
(f)
“20B.
Any arrears of supplementary pension which is disregarded under paragraph 4 of Schedule 4 (amounts to be disregarded in the calculation of income other than earnings) or of any amount which is disregarded under paragraph 5 or 6 of that Schedule.”.
(7)
In Schedule 6 (sums disregarded from claimant’s earnings), in paragraph 4(1)(a)(v), 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”.
Amendment of the Housing Benefit Regulations 20065.
(1)
(2)
In regulation 2(1) (interpretation)—
(a)
in the definition of “concessionary payment”, for “under the Act” substitute “or tax credits under the benefit Acts or the Tax Credits Act”;
(b)
(c)
in the definition of “training allowance”, in sub-paragraphs (a) and (c), for “National Assembly for Wales” substitute “Welsh Ministers”;
(d)
““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 200341;“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 28(11)(d)(vi) (treatment of child care charges), for “under a war pension scheme or” substitute “paid as part of a war disablement pension or under”.
(4)
In regulation 53(1) (interpretation)—
(a)
in the definition of “access funds”, in sub-paragraph (e), for “National Assembly for Wales” substitute “Welsh Ministers”;
(b)
(5)
In Schedule 1 (ineligible services changes), in paragraph 1(a)(iv), for “National Assembly for Wales” substitute “Welsh Ministers”.
(6)
In Schedule 5 (sums to be disregarded in the calculation of income other than earnings)—
(a)
(b)
in paragraph 11—
(i)
(ii)
“(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,”;
(c)
in paragraph 15—
(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 (d), 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”;
(d)
in paragraph 25—
(i)
in sub-paragraph (1)(a), for “section 51” substitute “section 51A”;
(ii)
omit sub-paragraph (1)(b);
(e)
in paragraph 27—
(i)
in sub-paragraph (d) omit “or”;
(ii)
(iii)
“(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 National Health Service (Wales) Act 200647.”;
(f)
in paragraph 35(7), for “Bombing” substitute “Bombings”;
(g)
omit paragraphs 38 and 43;
(h)
“44.
(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 200348 (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 200749 (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 200350 (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).
45.
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 198851 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).”;
(i)
“51.
Any council tax benefit.
52.
(1)
) If the claimant is in receipt of any benefit under Part 2, 3 or 5 of the Act, any increase in the rate of that benefit arising under Part 4 (increases for dependants) or section 106(a) (unemployability supplement) of the 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.
53.
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.”;
(j)
“(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.”;
(k)
(l)
in paragraph 63(1), for “National Assembly for Wales” substitute “Welsh Ministers”.
(7)
In Schedule 6 (capital to be disregarded)—
(a)
“39.
Any arrears of supplementary pension which is disregarded under paragraph 53 of Schedule 5 (sums to be disregarded in the calculation of income other than earnings) or of any amount which is disregarded under paragraph 54 or 55 of that Schedule, but only for a period of 52 weeks from the date of receipt of the arrears.
40.
(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.
41.
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.”;
(b)
(c)
in paragraph 51—
(i)
“(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)
“(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,”;
(d)
in paragraph 56 omit “within the meaning of section 25 of the Social Security Act 1989”;
(e)
in paragraph 57(1), for “National Assembly for Wales” substitute “Welsh Ministers”.
Amendment of the Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 20066.
(1)
(2)
In regulation 2(1) (interpretation)—
(a)
““concessionary payment” means a payment made under arrangements made by the Secretary of State with the consent of the Treasury which is charged to a Departmental Expenditure Vote to which payments of benefit or tax credits under the benefit Acts or the Tax Credits Act are charged;”;
(b)
(c)
in the definition of “training allowance”, in sub-paragraphs (a) and (c), for “National Assembly for Wales” substitute “Welsh Ministers”;
(d)
““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 200356;“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 24(1) (circumstances in which income of non-dependant is to be treated as claimant’s), for “income support or an income-based jobseeker’s allowance” substitute “a guarantee credit”.
(4)
In regulation 29(1) (meaning of “income”)—
(a)
“(h)
a payment made under article 21(1)(c) of the Armed Forces and Reserve Forces (Compensation Scheme) Order 2005, in any case where article 23(2)(c) applies;”;
(b)
“(l)
a payment made—
(i)
under article 30 of the Naval, Military and Air Forces Etc. (Disablement and Death) Service Pensions Order 200657, in any case where article 30(1)(b) applies; or(ii)
under article 12(8) of that Order, in any case where sub-paragraph (b) of that article applies;”.
(5)
In regulation 31(11)(d)(vi) (treatment of child care charges), for “under a war pension scheme or” substitute “paid as part of a war disablement pension or under”.
(6)
In regulation 38(2) (earnings of self-employed earners)—
(a)
in sub-paragraph (d)(iv) omit “or”;
(b)
(c)
“(vi)
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 National Health Service (Wales) Act 200659;”.
(7)
In Schedule 1 (ineligible service charges), in paragraph (1)(a)(iv), for “National Assembly for Wales” substitute “Welsh Ministers”.
(8)
In Schedule 4 (sums disregarded from claimant’s earnings), in paragraph 5(1)(a)(v), 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”.
(9)
In Schedule 5 (amounts to be disregarded in the calculation of income other than earnings)—
(a)
in paragraph 1—
(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 (d), 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”;
(b)
in paragraph 3, 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”;
(c)
“4.
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.”;
(d)
“(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.”;
(e)
in paragraph 13—
(i)
for “pension under Part 4 of the Naval, Military and Air Forces etc. (Disablement and Death) Service Pensions Order 1983” substitute “pension or allowance under Part 2 or 3 of the Naval, Military and Air Forces Etc. (Disablement and Death) Service Pensions Order 2006”;
(ii)
omit “spouse or civil”;
(f)
in paragraph 21, after “satisfies” insert “any of”;
(g)
omit paragraph 23.
(10)
In Schedule 6 (capital to be disregarded)—
(a)
in paragraph 15, for “war disablement pension or a war widow’s or widower’s pension” substitute “war pension”;
(b)
in paragraph 18, for “or 21” substitute “, 21 or 26B”;
(c)
in paragraph 21(1)(e), for “National Assembly for Wales” substitute “Welsh Ministers”;
(d)
“26B.
Any arrears of supplementary pension which is disregarded under paragraph 4 of Schedule 5 (amounts to be disregarded in the calculation of income other than earnings) or of any amount which is disregarded under paragraph 5 or 6 of that Schedule.”.
Amendment of the Council Tax Benefit Regulations 20067.
(1)
(2)
In regulation 2(1) (interpretation)—
(a)
in the definition of “concessionary payment”, for “under the Act” substitute “or tax credits under the benefit Acts or the Tax Credits Act”;
(b)
in the definition of “training allowance”, in sub-paragraphs (a) and (c), for “National Assembly for Wales” substitute “Welsh Ministers”;
(c)
““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 200361;“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 18(11)(d)(vi) (treatment of child care charges), for “under a war pension scheme or” substitute “paid as part of a war disablement pension or under”.
(4)
In regulation 43(1) (interpretation)—
(a)
in 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 study”, for “National Assembly for Wales” (where three times occurring) substitute “Welsh Ministers”.
(5)
In Schedule 4 (sums to be disregarded in the calculation of income other than earnings)—
(a)
(b)
in paragraph 12—
(i)
(ii)
“(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,”;
(c)
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 (d), 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”;
(d)
in paragraph 26—
(i)
in sub-paragraph (1)(a), for “section 51” substitute “section 51A”;
(ii)
omit sub-paragraph (1)(b);
(e)
in paragraph 28—
(i)
in sub-paragraph (d) omit “or”;
(ii)
(iii)
“(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 National Health Service (Wales) Act 200666.”;
(f)
in paragraph 33, for “section 148” substitute “Part 10”;
(g)
“37.
Any housing benefit.”;
(h)
omit paragraphs 40 and 44;
(i)
“45.
(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 200367 (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 200768 (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 200369 (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).
46.
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 198870 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).”;
(j)
in paragraph 47, for “Secretary of State for Scotland” substitute “Scottish Ministers”;
(k)
“52.
(1)
) If the claimant is in receipt of any benefit under Part 2, 3 or 5 of the Act, any increase in the rate of that benefit arising under Part 4 (increases for dependants) or section 106(a) (unemployability supplement) of the 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.
53.
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.”;
(l)
“(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.”;
(m)
“55A.
Any council tax benefit to which the claimant is entitled.”;
(n)
(o)
in paragraph 63(1), for “National Assembly for Wales” substitute “Welsh Ministers”.
(6)
In Schedule 5 (capital to be disregarded)—
(a)
in paragraph 1, after “in particular” insert “, in Scotland,”;
(b)
in paragraph 24(1), after “London Bombings Relief” insert “Charitable”;
(c)
“39.
Any arrears of supplementary pension which is disregarded under paragraph 53 of Schedule 4 (sums to be disregarded in the calculation of income other than earnings) or of any amount which is disregarded under paragraph 54 or 55 of that Schedule, but only for a period of 52 weeks from the date of receipt of the arrears.
40.
(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.
41.
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 53—
(i)
“(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)
“(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)
(f)
in paragraph 57(2)(a), after “trust” insert “payment”;
(g)
in paragraph 58 omit “within the meaning of section 25 of the Social Security Act 1989”;
(h)
in paragraph 59(1), for “National Assembly for Wales” substitute “Welsh Ministers”.
Amendment of the Council Tax Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 20068.
(1)
(2)
In regulation 2(1) (interpretation)—
(a)
““concessionary payment” means a payment made under arrangements made by the Secretary of State with the consent of the Treasury which is charged to a Departmental Expenditure Vote to which payments of benefit or tax credits under the benefit Acts or the Tax Credits Act are charged;”;
(b)
in the definition of “The London Bombing Relief Charitable Fund”, for “Bombing” substitute “Bombings”;
(c)
in the definition of “training allowance”, in sub-paragraphs (a) and (c), for “National Assembly for Wales” substitute “Welsh Ministers”;
(d)
““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 200374;“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 14(1) (circumstances in which income of non-dependant is to be treated as claimant’s), after “that authority shall” insert “, except where the claimant is on a guarantee credit,”.
(4)
In regulation 19(1) (meaning of “income”)—
(a)
“(h)
a payment made under article 21(1)(c) of the Armed Forces and Reserve Forces (Compensation Scheme) Order 2005, in any case where article 23(2)(c) applies;”;
(b)
“(l)
a payment made—
(i)
under article 30 of the Naval, Military and Air Forces Etc. (Disablement and Death) Service Pensions Order 200675, in any case where article 30(1)(b) applies; or(ii)
under article 12(8) of that Order, in any case where sub-paragraph (b) of that article applies;”.
(5)
In regulation 21(11)(d)(vi) (treatment of child care charges), for “under a war pension scheme or” substitute “paid as part of a war disablement pension or under”.
(6)
In regulation 28(2) (earnings of self-employed earners)—
(a)
in sub-paragraph (d)(iv) omit “or”;
(b)
(c)
“(vi)
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 National Health Service (Wales) Act 200677;”.
(7)
(8)
In Schedule 3 (amounts to be disregarded in the calculation of income other than earnings)—
(a)
in paragraph 1—
(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 (d), 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”;
(b)
in paragraph 3, 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”;
(c)
“4.
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.”;
(d)
“(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.”;
(e)
in paragraph 13—
(i)
for “pension under Part 4 of the Naval, Military and Air Forces etc. (Disablement and Death) Service Pensions Order 1983” substitute “pension or allowance under Part 2 or 3 of the Naval, Military and Air Forces Etc. (Disablement and Death) Service Pensions Order 2006”;
(ii)
omit “spouse or civil”;
(f)
in paragraph 21, after “satisfies” insert “any of”;
(g)
omit paragraph 22.
(9)
In Schedule 4 (capital to be disregarded)—
(a)
in paragraph 15, for “war disablement pension or a war widow’s or widower’s pension” substitute “war pension”;
(b)
in paragraph 18, for “or 21” substitute “, 21 or 25A”;
(c)
“25A.
Any arrears of supplementary pension which is disregarded under paragraph 4 of Schedule 3 (amounts to be disregarded in the calculation of income other than earnings) or of any amount which is disregarded under paragraph 5 or 6 of that Schedule.”.
Amendment of the Housing Benefit and Council Tax Benefit (Consequential Provisions) Regulations 20069.
Amendment of the Housing Benefit and Council Tax Benefit (War Pension Disregards) Regulations 200710.
“THE SCHEDULEWar disablement and war widow’s and widower’s pensions
PART 1War disablement pensions
1.
A war disablement pension is—
(a)
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 200381; or(b)
a payment made under article 14(1)(b) of the Armed Forces and Reserve Forces (Compensation Scheme) Order 200582.PART 2War widow’s and widower’s pensions
2.
A war widow’s pension is—
(a)
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; or
(b)
a payment made under article 21(1)(a) of the Armed Forces and Reserve Forces (Compensation Scheme) Order 2005.
3.
A war widower’s pension is—
(a)
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; or
(b)
a payment made under article 21(1)(a) of the Armed Forces and Reserve Forces (Compensation Scheme) Order 2005.”.
Amendment of the Employment and Support Allowance Regulations 200811.
(1)
The Employment and Support Allowance Regulations 2008 are amended as follows.
(2)
In regulation 2(1) (interpretation)—
(a)
in the definition of “concessionary payment” omit “either to the National Insurance Fund or”;
(b)
in the definition of “war disablement pension”, for “retirement pay, pension or allowance granted” substitute “retired pay or pension or allowance payable”;
(c)
in the definitions of “war widow’s pension” and war widower’s pension”, for “means a pension” substitute “means any pension or allowance”.
(3)
In Schedule 8 (sums to be disregarded in the calculation of income other than earnings)—
(a)
in paragraph 17(d), 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”;
(b)
“50.
(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 200683, 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. ”.
(4)
In Schedule 9 (capital to be disregarded), in paragraph 54, for “war pension within the meaning in section 25 of the Social Security Act 1989” substitute “war disablement pension, war widow’s pension or war widower’s pension”.
Signed by authority of the Secretary of State for Work and Pensions.
These Regulations amend the Income Support (General) Regulations 1987, the Jobseeker’s Allowance Regulations 1996, the State Pension Credit Regulations 2002, 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, the Housing Benefit and Council Tax Benefit (Consequential Provisions) Regulations 2006, the Housing Benefit and Council Tax Benefit (War Pension Disregards) Regulations 2007 and the Employment and Support Allowance Regulations 2008.
The main purpose of these Regulations is to align, where possible, the income and capital disregard provisions in the means-tested social security benefits, to ensure a consistent approach to means tests across the legislation referred to above.
These Regulations also introduce a new disregard to enable the £10 war pensions disregard to continue to apply where the amount of war pension has been abated to less than £10 by an Armed Forces Pension Scheme payment.
These Regulations also make minor technical amendments, update some outdated references and revoke some redundant provisions from the Regulations referred to above.
A full impact assessment has not been produced for this instrument as it has no impact on the private or voluntary sectors.