2017 No. 1187
The Social Security (Miscellaneous Amendments No. 5) Regulations 2017
Made
Laid before Parliament
Coming into force in accordance with regulation 1(2)
The Secretary of State makes the following Regulations in exercise of the powers conferred by sections 123(1)(a) and (d), 124(1)(e), 130A(2), 135(1), 136(3), (4) and (5)(b), 136A(3), 137(1) and 175(1) and (3) of the Social Security Contributions and Benefits Act 19921, sections 5(1)(j), 189(1) and (4) and 191 of the Social Security Administration Act 19922, sections 12(1) and (4)(b), 35(1) and 36(2) of the Jobseekers Act 19953, sections 10(6), 79(1) and (4) and 84 of the Social Security Act 19984, paragraphs 4(6), 20(1) and 23(1) of Schedule 7 to the Child Support, Pensions and Social Security Act 20005, sections 2(3)(b), 12(2) and (3), 15(3) and (6)(b) and 17(1) of the State Pension Credit Act 20026 and sections 17(1) and (3)(b), 24 and 25(2) and (3) of the Welfare Reform Act 20077.
The Social Security Advisory Committee has agreed that the proposals in respect of these Regulations should not be referred to it8.
In accordance with section 176(1) of the Social Security Administration Act 19929, the Secretary of State has consulted with organisations appearing to him to be representative of the authorities concerned.
Citation and commencement1
1
These Regulations may be cited as the Social Security (Miscellaneous Amendments No. 5) Regulations 2017.
2
These Regulations come into force as follows—
a
the following provisions, on 21st December 2017—
i
this regulation;
ii
regulation 2(2), and regulation 2(1) in so far as it relates to that provision;
iii
regulation 5(3), and regulation 5(1) in so far as it relates to that provision;
iv
regulation 7(2) and (6), and regulation 7(1) in so far as it relates to those provisions;
b
all other provisions, on 6th December 2018.
Amendment of the Income Support (General) Regulations 19872
1
The Income Support (General) Regulations 198710 are amended as follows.
2
After paragraph 7 of Schedule 1B (prescribed categories of person)11, insert—
Certain persons in receipt of the daily living component of personal independence payment7A
A person who is in receipt of the daily living component of personal independence payment at the enhanced rate but only where, immediately before receiving that benefit, the person was entitled to and in receipt of income support because he or she was treated as incapable of work under regulation 10(2)(a)(i) of the Social Security (Incapacity for Work) (General) Regulations 199512.
3
In paragraph 17(c) of Schedule 9 (sums to be disregarded in the calculation of income other than earnings: annuities purchased with a loan secured on a dwelling)13, after “the age of 65” insert “or, if it was higher at that time, pensionable age”.
Amendment of the Jobseeker’s Allowance Regulations 19963
In paragraph 18(c) of Schedule 7 to the Jobseeker’s Allowance Regulations 1996 (sums to be disregarded in the calculation of income other than earnings: annuities purchased with a loan secured on a dwelling)14, after “the age of 65” insert “or, if it was higher at that time, pensionable age”.
Amendment of the Social Security and Child Support (Decisions and Appeals) Regulations 19994
Omit regulation 7(17B)(b) of the Social Security and Child Support (Decisions and Appeals) Regulations 1999 (date from which superseded decisions take effect)15.
Amendment of the State Pension Credit Regulations 20025
1
The State Pension Credit Regulations 200216 are amended as follows.
2
In paragraph 14(7) of Schedule II (non-dependant deductions, persons residing with the claimant)17—
a
in sub-paragraph (c), omit the words beginning with “during a period of study” to the end;
b
omit sub-paragraph (cc).
3
In paragraph 1 of Schedule III (amendment in respect of entitlement for polygamous marriages)18—
a
in sub-paragraph (2), in subsection (1)(b) of the provision that applies instead of section 3(1)—
i
after “of that section”, insert “has attained pensionable age before 6 April 2016 and”; and
ii
after “age of 65”, insert “(before, on or after that date)”;
b
after sub-paragraph (7) insert—
7A
The following provision shall apply instead of regulation 7A (limitation of savings credit for certain mixed-age couples)—
7A
1
This regulation applies if, taking the claimant to be the person in question for the purposes of section 12 (polygamous marriages),—
a
the case is one to which that section applies; and
b
at least one of the persons falling within subsection (1)(c) of that section had attained pensionable age before 6 April 2016 and at least one of those persons had not.
2
Where this regulation applies, the claimant is not entitled to a savings credit unless the claimant—
a
has been awarded a savings credit with effect from a day before 6 April 2016 and was entitled to a savings credit immediately before that date; and
b
remained entitled to a savings credit at all times since the beginning of 6 April 2016.
4
In paragraph 10(b) of Schedule IV (amounts to be disregarded in the calculation of income other than earnings: annuities purchased with a loan secured on a dwelling), after “the age of 65” insert “or, if it was higher at that time, pensionable age”.
Amendment of the Housing Benefit Regulations 20066
In regulation 74(7) of the Housing Benefit Regulations 2006 (exceptions from deductions in respect of non-dependants)19 for “the age of 65” substitute “pensionable age”.
Amendment of the Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 20067
1
The Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 200620 are amended as follows.
2
In regulation 31(11)(ba) (treatment of childcare charges: other member of the couple incapacitated)21 for the words beginning with “claimant’s” and ending with “would be” substitute “other member of the couple would be a member of the support group or”.
3
In regulation 54 (continuing payments where state pension credit claimed)22—
a
in paragraph (1)(c)(i) omit the words beginning with “or, if” and ending with “65”;
b
in paragraph (2)(a)(ii) omit “or the age of 65”.
4
In regulation 55(7) (exceptions from deductions in respect of non-dependants)23—
a
omit sub-paragraphs (c) and (d);
b
in sub-paragraph (e), omit the words beginning with “and” and ending with “65”.
5
Omit regulation 59(10)(a) (date on which change of circumstances is to have effect)24.
6
In regulation 69(6)(c) (duty to notify changes of circumstances)25, after “weeks” insert “or where the absence is from Great Britain, which exceeds or is likely to exceed 4 weeks”.
7
In the table in paragraph 1 of Schedule 3 (personal allowances)26—
a
in entry (1)—
i
omit paragraph (a) in both columns;
ii
in paragraph (b) in column (1), for “aged 65 or over” substitute “who has attained pensionable age”;
b
in entry (2)–
i
omit paragraph (a) in both columns;
ii
in paragraph (b) in column (1), for “aged 65 or over” substitute “who have attained pensionable age”;
c
omit entry (3);
d
in entry (4), for “are aged 65 or over” substitute “have attained pensionable age”.
8
In paragraph 11(b) of Schedule 5 (amounts to be disregarded in the calculation of income other than earnings: annuities purchased with a loan secured on a dwelling), after “the age of 65” insert “or, if it was higher at that time, pensionable age”.
Amendment of the Employment and Support Allowance Regulations 20088
In paragraph 18(c) of Schedule 8 to the Employment and Support Allowance Regulations 2008 (sums to be disregarded in the calculation of income other than earnings: annuities purchased with a loan secured on a dwelling)27, after “the age of 65” insert “or, if it was higher at that time, pensionable age”.
Signed by the authority of the Secretary of State for Work and Pensions
(This note is not part of the Regulations)