means— a where state pension credit is paid in advance, the period of 7 days beginning on the day on which, in the claimant's case, that benefit is payable;
(1)These Regulations may be cited as the Social Security (Miscellaneous Amendments) Regulations 2010.
(2)Subject to paragraphs (3) and (4), these regulations come into force on 6th April 2010, immediately after the coming into force of the Social Security (Miscellaneous Amendments) (No. 6) Regulations 2009 note.
(3)This regulation and regulation 3(1) and (8) come into force on 1st April 2010.
(4)Regulation 2 comes into force on 12th April 2010.
2Amendment of the Social Security (Invalid Care Allowance) Regulations 1976#
(1)The Social Security (Invalid Care Allowance) Regulations 1976 are amended as follows.
(2)In regulation 8(1) note (circumstances in which a person is or is not to be treated as gainfully employed), for “£95”, in each place it occurs, substitute “ £100 ”.
3Amendment of the Social Security (Claims and Payments) Regulations 1987#
(1)The Social Security (Claims and Payments) Regulations 1987 note are amended as follows.
(2)In regulation 6(22) note (date of claim), in paragraph (c) of the definition of “qualifying benefit” for “regulation 5(1)(a) or 7(1)(a) of the Social Fund Maternity and Funeral Expenses (General) Regulations 1987” substitute “ regulation 5(1)(a) or 7(4)(a) of the Social Fund Maternity and Funeral Expenses (General) Regulations 2005 note ”.
(3)In regulation 16 (date of entitlement under an award for the purpose of payability of benefit and effective date of change of rate)—
(a)in paragraph (2D) note, for “Where a retirement pension is paid in arrears under regulation 22C and the award” substitute “ Where an award of retirement pension ”;
(b)in paragraph (2E), before “regulation 22D(2)” insert “ paragraph (2F) or ”; and
(c)after paragraph (2E) insert—“2F Except in a case where regulation 22D(2) applies, where a retirement pension is paid in arrears under regulation 22C and a change in the rate of that benefit takes effect under an order made under section 150 or 150A of the 1992 Act note (annual up-rating of benefits, basic pension etc.) the change, if it would otherwise take effect on a day which is not the first day of the benefit week, shall take effect on the first day of the benefit week next following.”
(4)In regulation 16A note (date of entitlement under an award of state pension credit for the purpose of payability and effective date of change of rate), for paragraph (4) substitute—“4 For the purpose of this regulation, “benefit week” means—a where state pension credit is paid in advance, the period of 7 days beginning on the day on which, in the claimant's case, that benefit is payable;b where state pension credit is paid in arrears, the period of 7 days ending on the day on which, in the claimant's case, that benefit is payable.”
(5)In regulation 22 note (long term benefits)—
(a)in paragraph (1A), for “Disability” substitute “ Subject to paragraph (1B), disability ”; and
(b)after paragraph (1A) insert—“1B The Secretary of State may, in any particular case or class of case, arrange that attendance allowance or disability living allowance shall be paid at such other intervals not exceeding four weeks as may be specified.”
(6)In regulation 22D(2)(c) note (payment of retirement pension at a daily rate) for “section 150A” substitute “ section 150 or 150A ”.
(7)In paragraph 5 note of Schedule 9 (deductions from benefit and direct payment to third parties)—
(a)in sub-paragraph (1)(b), at the end add “ or is resident in approved premises under section 13 of the Offender Management Act 2007 note ”;
(b)after sub-paragraph (1A) insert—“1B For the purposes of sub-paragraphs (1) and (1A), references to “rent” include charges incurred in respect of accommodation in approved premises under section 13 of the Offender Management Act 2007.”
(c)in sub-paragraph (3), for “Subject to sub-paragraph (4), the” substitute “ The ”; and
(d)in sub-paragraph (6), after “landlord” insert “ , or the person or body to whom charges are payable in respect of the residence of the beneficiary or the beneficiary's partner in approved premises under section 13 of the Offender Management Act 2007, ”.
4Amendment of the Social Security and Child Support (Decisions and Appeals) Regulations 1999#
(1)The Social Security and Child Support (Decisions and Appeals) Regulations 1999 note are amended as follows.
(2)In regulation 7 (date from which a decision superseded under section 10 takes effect), after paragraph (30) note insert—“30A Where a decision is superseded in accordance with regulation 6(2)(a)(ii) and the relevant change of circumstances is the coming into force of a change in the legislation in relation to a relevant benefit, the decision under section 10 shall take effect from the date on which that change in the legislation takes effect.”
(3)In regulation 8(3) (effective date for late notifications of change of circumstances), for sub-paragraph (b) substitute—“b be made—i within 13 months of the date the change occurred; orii in the case of an application for the purposes of regulation 7(9)(b), within 13 months of the date on which the claimant satisfied the conditions of entitlement to the particular rate of benefit.”
(4)In Schedule 3B note (date on which change of circumstances takes effect where claimant entitled to state pension credit)—
(a)in paragraph 7 for “Where” substitute “ Subject to paragraphs 9 and 10, where ”; and
(b)after paragraph 8 add—“9 Where state pension credit is paid in arrears and the relevant change of circumstances results in the award of that benefit being terminated, the superseding decision shall take effect on the first day of the benefit week next following the benefit week in which that change occurs or is expected to occur.10 Where state pension credit is paid in advance and the relevant change of circumstances is the death of the claimant, the superseding decision shall take effect on the first day of the benefit week next following the date of death.11 In this Schedule, “benefit week” means—a where state pension credit is paid in advance, the period of 7 days beginning on the day on which, in the claimant's case, that benefit is payable;b where state pension credit is paid in arrears, the period of 7 days ending on the day on which, in the claimant's case, that benefit is payable.”
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