(1)These Regulations may be cited as the Social Security (Miscellaneous Amendments) (No. 2) Regulations 2005.
(2)Subject to paragraphs (3) to (6), these Regulations shall come into force on 3rd October 2005.
(3)The following provisions shall come into force on 30th December 2005—
(a)regulation 2(8)(b) and (c) and (9);
(b)regulation 3(8)(b) and (c) and (9);
(c)regulation 4(5)(c) and (d) and (6);
(d)regulation 5(5)(c) and (d) and (6).
(4)Regulations 4(4) and 5(4) shall come into force on 1st April 2006.
(5)The following provisions shall come into force on 6th April 2006—
(a)regulation 2(3)(a) to (d) and (5);
(b)regulation 3(3)(a) to (e) and (5);
(c)regulation 4(2) and (3);
(d)regulation 5(2) and (3).
(6)The following provisions shall come into force on the first day of the first benefit week commencing on or after 10th April 2006—
(a)regulation 2(2), (4), (6) and (7);
(b)regulation 3(2), (4), (6) and (7).
(7)In paragraph (6) the term “benefit week”, so far as it relates to regulation 2, has the same meaning as in regulation 2(1) of the Income Support Regulations and, so far as it relates to regulation 3, has the same meaning as in regulation 1(3) of the Jobseeker's Allowance Regulations.
(1)The Income Support Regulations are amended as follows.
(2)In regulation 41(1) (capital treated as income) note, omit “£8,000 or, in a case where regulation 45(aa) applies, £12,000 or, in a case where regulation 45(b) applies,”.
(b)for paragraph (2A) note substitute—“2ZA A claimant who has attained the age of 60 shall be treated as possessing—a the amount of any income from an occupational pension scheme, personal pension scheme or retirement annuity contract—i for which no claim has been made, andii to which he might expect to be entitled if a claim for it were made;b income from an occupational pension scheme which the claimant elected to defer,but only from the date on which it could be expected to be acquired were an application for it to be made.2A Where a person, aged not less than 60, is a person entitled to money purchase benefits under an occupational pension scheme or a personal pension scheme, or is a party to, or a person deriving entitlement to a pension under, a retirement annuity contract, and—a in the case of an occupational pension scheme or personal pension scheme, he fails to purchase an annuity with the funds available in that scheme where—i he defers, in whole or in part, the payment of any income which would have been payable to him by his pension fund holder,ii he fails to take any necessary action to secure that the whole of any income which would be payable to him by his pension fund holder upon his applying for it, is so paid, oriii income withdrawal is not available to him under that scheme; orb in the case of a retirement annuity contract, he fails to purchase an annuity with the funds available under that contract,the amount of any income foregone shall be treated as possessed by him, but only from the date on which it could be expected to be acquired were an application for it to be made.”
(c)in paragraph (2C)—
(i)for “relevant personal pension scheme” substitute “ relevant occupational or personal pension scheme ”;
(ii)for “under a personal pension scheme” substitute “ under a scheme ”;
(d)after paragraph (2C) insert—“2CA In paragraph (2A), “money purchase benefits” has the meaning it has in the Pension Schemes Act 1993 note.”
(e)at the end of paragraph (4) note, after “any payment in kind” insert “ to the third party ”.
(4)For regulation 45 (capital limit) note substitute—“45 For the purposes of section 134(1) of the Contributions and Benefits Act as it applies to income support (no entitlement to benefit if capital exceeds prescribed amount), the prescribed amount is £16,000.”
(5)In regulation 51 (notional capital), after paragraph (2)(d) note insert—“da an occupational pension scheme where the claimant is aged under 60; or”
(6)In regulation 53 (calculation of tariff income from capital) note—
(a)in paragraph (1)—
(i)omit “(1ZA) or”,
(ii)for “£3,000” (in both places) substitute “ £6,000 ”, and
(iii)for “£8,000” substitute “ £16,000 ”;
(b)omit paragraph (1ZA);
(c)in paragraph (1B), omit “and regulation 45”;
(d)in paragraphs (2) and (3), omit “, (1ZA)”.
(7)In Schedule 3 (housing costs) note, in paragraph 14(4)(a) and (c) for “£8,000” substitute “ £16,000 ”.
(8)In Schedule 9 (sums to be disregarded in the calculation of income other than earnings)—
(a)after paragraph 21(3) note add—“4 The reference in sub-paragraph (1) to “income in kind” does not include a payment to a third party made in respect of the claimant which is used by the third party to provide benefits in kind to the claimant.”
(b)in paragraph 25(1)(a) note, for “in accordance with regulations made pursuant to section 57A of the Adoption Act 1976 (permitted allowances) or paragraph 3 of Schedule 4 to the Adoption and Children Act 2002 or” substitute “ pursuant to regulations under section 2(6)(b), 3 or 4 of the Adoption and Children Act 2002 note or in accordance ”;
(c)for paragraph 25(1A) note substitute—“1A Any payment, other than a payment to which sub-paragraph (1)(a) applies, made to the claimant pursuant to regulations under section 2(6)(b), 3 or 4 of the Adoption and Children Act 2002.”
(9)In Schedule 10 (capital to be disregarded), for paragraph 68 note substitute—“68 Any payment made to the claimant pursuant to regulations under section 2(6)(b), 3 or 4 of the Adoption and Children Act 2002.”
3Amendment of the Jobseeker's Allowance Regulations#
(1)The Jobseeker's Allowance Regulations are amended as follows.
(2)In regulation 104(1) (capital treated as income) note, omit “£8,000 or, in a case where regulation 107(aa) applies, £12,000 or, in a case where regulation 107(b) applies,”.
(3)In regulation 105 (notional income)—
(a)in paragraph (2)(g), after “personal pension scheme” insert “ or occupational pension scheme ”;
(b)before paragraph (3) insert—“2B A claimant who has attained the age of 60 shall be treated as possessing—a the amount of any income from an occupational pension scheme or personal pension scheme—i for which no claim has been made, andii to which he might expect to be entitled if a claim for it were made;b income from an occupational pension scheme which the claimant elected to defer,but only from the date on which it could be expected to be acquired were an application for it to be made.”
(c)in paragraph (3)—
(i)omit “, is a member of, or a person deriving entitlement to a pension under, a personal pension scheme, and”;
(ii)for sub-paragraph (a) substitute—“a is a person entitled to money purchase benefits under an occupational pension scheme, or under a personal pension scheme other than one referred to in sub-paragraph (b), and fails to purchase an annuity with the funds available in that scheme where—i he defers, in whole or in part, the payment of any income which would have been payable to him by his pension fund holder,ii he fails to take any necessary action to secure that the whole of any income which would be payable to him by his pension fund holder upon his applying for it, is so paid, oriii income withdrawal is not available to him under that scheme; or”
(iii)in sub-paragraph (b)—
(aa)for “in the case of” substitute “ is a party to, or a person deriving entitlement to a pension under, ”;
(bb)for “he” substitute “ and ”;
(d)in paragraph (5), for “personal pension scheme been held under a personal pension scheme” substitute “ occupational or personal pension scheme been held under a scheme ”;
(e)after paragraph (5) insert—“5A In paragraph (3), “money purchase benefits” has the meaning it has in the Pension Schemes Act 1993.”
(f)at the end of paragraph (10) note, after “any payment in kind” insert “ to the third party ”.
(4)For regulation 107 (capital limit) note substitute—“107 For the purposes of section 13(1) and (2A) (no entitlement to an income-based jobseeker's allowance if capital exceeds a prescribed amount), the prescribed amount is £16,000.”
(5)In regulation 113 (notional capital), after paragraph (2)(d) insert—“da an occupational pension scheme where the claimant is aged under 60; or”
(6)In regulation 116 (calculation of tariff income from capital) note—
(a)in paragraph (1)—
(i)omit “(1ZA) or”,
(ii)for “£3,000” (in both places) substitute “ £6,000 ”, and
(iii)for “£8,000” substitute “ £16,000 ”;
(b)omit paragraph (1ZA);
(c)in paragraphs (2) and (3) omit “, (1ZA)”.
(7)In Schedule 2 (housing costs), in paragraph 13(5)(a) and (c) for “£8,000” substitute “ £16,000 ”.
(8)In Schedule 7 (sums to be disregarded in the calculation of income other than earnings)—
(a)after paragraph 22(3) note add—“4 The reference in sub-paragraph (1) to “income in kind” does not include a payment to a third party made in respect of the claimant which is used by the third party to provide benefits in kind to the claimant.”
(b)in paragraph 26(1)(a) note, for “in accordance with regulations made pursuant to section 57A of the Adoption Act 1976 (permitted allowances) or paragraph 3 of Schedule 4 to the Adoption and Children Act 2002 or” substitute “ pursuant to regulations under section 2(6)(b), 3 or 4 of the Adoption and Children Act 2002 or in accordance ”;
(c)for paragraph 26(1A) substitute—“1A Any payment, other than a payment to which sub-paragraph (1)(a) applies, made to the claimant pursuant to regulations under section 2(6)(b), 3 or 4 of the Adoption and Children Act 2002.”
(9)In Schedule 8 (capital to be disregarded) note, for paragraph 61 substitute—“61 Any payment made to the claimant pursuant to regulations under section 2(6)(b), 3 or 4 of the Adoption and Children Act 2002.”
4Amendment of the Council Tax Benefit Regulations#
In the Council Tax Benefit Regulations–
(1) The Council Tax Benefit Regulations are amended as follows note .
(2)
(3)An authorised officer may vary, revoke, or suspend a notice served under this order by a notice in writing served on the person on whom the notice to be varied, revoked or suspended was served.
(4) For regulation 37(1) (calculation of tariff income from capital) note substitute— “1 Where the claimant's capital calculated in accordance with this Part exceeds £6,000, it shall be treated as equivalent to a weekly income of £1 for each complete £250 in excess of £6,000 but not exceeding £16,000.”
(5)If the period of imprisonment imposed on any person in default of payment of a sum adjudged to be paid by a conviction or order of a magistrates' court, or for want of sufficient distress to satisfy such a sum, is reduced through part payments to less than 5 days, he may be committed either to a prison or to a place certified by the Secretary of State under section 134 of the Act of 1980, or, if he is already in prison, the Secretary of State may transfer him to a place so certified.
(a)the landing in Great Britain of any animal product or poultry product in contravention of the provisions of article 4(1) above with intent to evade those provisions, or
(b)for paragraph (2) of article 7 (recovery of expenses) there shall be substituted the following paragraph—“2 Any reasonable expenses arising out of or in connection with the exercise of any power conferred on an authorised officer by this order shall, without prejudice to any proceedings for an offence against the Animal Health Act 1981, be recoverable on demand by the appropriate Minister as a civil debt from the owner or the person in charge of the processed animal protein or of the product containing processed animal protein in respect of which the power was exercised.”
(c)
(d)for paragraph 23(1A) note substitute—“1A Any payment, other than a payment to which sub-paragraph (1)(a) applies, made to the claimant pursuant to regulations under section 2(6)(b), 3 or 4 of the Adoption and Children Act 2002.”
(6)In Schedule 5 (capital to be disregarded), for paragraph 70 note substitute—“70 Any payment made to the claimant pursuant to regulations under section 2(6)(b), 3 or 4 of the Adoption and Children Act 2002.”
4AAmendment of the Council Tax Benefit Regulations 2006#
(1)The Council Tax Benefit Regulations 2006 are amended as follows.
(2) In regulation 32(2)(c) (notional income), after “personal pension scheme” insert “ , occupational pension scheme ” .
(3) In regulation 39(2)(d) (notional capital), after “personal pension scheme” insert “ , occupational pension scheme ” .
(4)For regulation 42(1) (calculation of tariff income from capital) substitute—“1 Where the claimant's capital calculated in accordance with this Part exceeds £6,000, it shall be treated as equivalent to a weekly income of £1 for each complete £250 in excess of £6,000 but not exceeding £16,000.”
(1)The Housing Benefit Regulations are amended as follows note.
(2)
(3)An authorised officer may vary, revoke, or suspend a notice served under this order by a notice in writing served on the person on whom the notice to be varied, revoked or suspended was served.
(4)
(a)the landing in Great Britain of any animal product or poultry product in contravention of the provisions of article 4(1) above with intent to evade those provisions, or
(i)in a case where the car has been tested under the ECE test procedure or the EEC test procedure, in the form set out in Part I of Schedule 5;
(ii)in a case where the car has been tested under the new EEC test procedure in the form set out in Part II of Schedule 5;
(b)
(c)
(5)If the period of imprisonment imposed on any person in default of payment of a sum adjudged to be paid by a conviction or order of a magistrates' court, or for want of sufficient distress to satisfy such a sum, is reduced through part payments to less than 5 days, he may be committed either to a prison or to a place certified by the Secretary of State under section 134 of the Act of 1980, or, if he is already in prison, the Secretary of State may transfer him to a place so certified.
(a)the landing in Great Britain of any animal product or poultry product in contravention of the provisions of article 4(1) above with intent to evade those provisions, or
(b)for paragraph (2) of article 7 (recovery of expenses) there shall be substituted the following paragraph—“2 Any reasonable expenses arising out of or in connection with the exercise of any power conferred on an authorised officer by this order shall, without prejudice to any proceedings for an offence against the Animal Health Act 1981, be recoverable on demand by the appropriate Minister as a civil debt from the owner or the person in charge of the processed animal protein or of the product containing processed animal protein in respect of which the power was exercised.”
(c)
(d)for paragraph 23(1A) note substitute—“1A Any payment, other than a payment to which sub-paragraph (1)(a) applies, made to the claimant pursuant to regulations under section 2(6)(b), 3 or 4 of the Adoption and Children Act 2002.”
(6)In Schedule 5 (capital to be disregarded), for paragraph 70 note substitute—“70 Any payment made to the claimant pursuant to regulations under section 2(6)(b), 3 or 4 of the Adoption and Children Act 2002.”
5AAmendment of the Housing Benefit Regulations 2006#
(1)The Housing Benefit Regulations 2006 are amended as follows.
(4)In regulation 52 (calculation of tariff income from capital)—
(a)in paragraph (1)—
(i)omit “(2) or”; and
(ii)for “£3,000” (in both places) substitute “ £6,000 ”;
(b)omit paragraph (2);
(c)in paragraphs (6) and (7), omit “, (2)”.
6Amendment of the State Pension Credit Regulations#
(1)The State Pension Credit Regulations are amended as follows.
(2)In regulation 1(2) (interpretation), after the definition of “benefit week” insert—““board and lodging accommodation” means accommodation provided to a person or, if he is a member of a family, to him or any other member of his family, for a charge which is inclusive of—i the provision of that accommodation, andii at least some cooked or prepared meals which both are cooked or prepared (by a person other than the person to whom the accommodation is provided or a member of his family) and are consumed in that accommodation or associated premises,but not accommodation provided by a close relative of his or of his partner, or other than on a commercial basis;.”
(3)In regulation 15(5)(e) (income for the purposes of the Act), omit “, and for this purpose “board and lodging accommodation” has the same meaning as in paragraph 8(2) of Schedule IV”.
(4)In regulation 17B(2)(za) note (earnings of self-employed earners), for “paragraph 8(2) of Schedule IV” substitute “ regulation 1(2) ”.
(5)In paragraph 8 of Schedule IV (amounts to be disregarded in the calculation of income other than earnings), omit sub-paragraph (2).
Contains public sector information licensed under the Open Government Licence v3.0.