The Income-related Benefits Schemes Amendment (No. 2) Regulations 1995

• Citation: S.I. 1995/2792
• Sections: 8

Section 1 Citation and commencement

These Regulations may be cited as the Income-related Benefits Schemes Amendment (No. 2) Regulations 1995 and shall come into force on 28th October 1995.

Section 2 Amendment of the Council Tax Benefit (General) Regulations 1992

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Section 3 Amendment of the Disability Working Allowance (General) Regulations 1991

For paragraph 14 of Schedule 3 to the Disability Working Allowance (General) Regulations 1991 (sums to be disregarded in the calculation of income other than earnings) there shall be substituted the following paragraph—

(14) Subject to paragraph 29, £10 of any of the following, namely—

(a) a war disablement pension (except insofar as such a pension falls to be disregarded under paragraph 8 or 9);

(b) a war widow’s pension;

(c) a pension payable to a person as a widow under 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 is made only under section 12(1) of the Social Security (Miscellaneous Provisions) Act 1977 and 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 payment made to compensate for the non-payment of such a pension as is mentioned in any of the preceding sub-paragraphs;

(e) a pension paid by the government of a country outside Great Britain which is analogous to any of the pensions mentioned in sub-paragraphs (a) to (c) above;

(f) 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.

Section 4 Amendment of the Family Credit (General) Regulations 1987

For paragraph 14 of Schedule 2 to the Family Credit (General) Regulations 1987 (sums to be disregarded in the calculation of income other than earnings) there shall be substituted the following paragraph—

(14) Subject to paragraph 29, £10 of any of the following, namely—

(a) a war disablement pension (except insofar as such a pension falls to be disregarded under paragraph 6 or 7);

(b) a war widow’s pension;

(c) a pension payable to a person as a widow under 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 is made only under section 12(1) of the Social Security (Miscellaneous Provisions) Act 1977 and 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 payment made to compensate for the non-payment of such a pension as is mentioned in any of the preceding sub-paragraphs;

(e) a pension paid by the government of a country outside Great Britain which is analogous to any of the pensions mentioned in sub-paragraphs (a) to (c) above;

(f) 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.

Section 5 Amendment of the Housing Benefit (General) Regulations 1987

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Section 6 Amendment of the Income Support (General) Regulations 1987

(1) The Income Support (General) Regulations 1987 shall be amended in accordance with the following provisions of this regulation.

(2) In paragraph (4) of regulation 42 (notional income) for the words “or war widow’s pension," there shall be substituted the words “, war widow’s pension or a pension payable to a person as a widow under 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 is made only under section 12(1) of the Social Security (Miscellaneous Provisions) Act 1977 and 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,".

(3) For paragraph 16 of Schedule 9 (sums to be disregarded in the calculation of income other than earnings) there shall be substituted the following paragraph—

(16) Subject to paragraphs 36 and 37, £10 of any of the following, namely—

(a) a war disablement pension (except insofar as such a pension falls to be disregarded under paragraph 8 or 9);

(b) a war widow’s pension;

(c) a pension payable to a person as a widow under 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 is made only under section 12(1) of the Social Security (Miscellaneous Provisions) Act 1977 and 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 payment made to compensate for the non-payment of such a pension as is mentioned in any of the preceding sub-paragraphs;

(e) a pension paid by the government of a country outside Great Britain which is analogous to any of the pensions mentioned in sub-paragraphs (a) to (c) above;

(f) 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.

Section 7 Power to modify housing benefit schemes

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Section 8 Power to modify council tax benefit schemes

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