The Social Security (Miscellaneous Amendments) (No. 4) Regulations 2006

• Citation: S.I. 2006/2378
• Sections: 18

Section 1 Citation and commencement

(1) These Regulations may be cited as the Social Security (Miscellaneous Amendments) (No. 4) Regulations 2006.

(2) Subject to the following provisions of this regulation, these Regulations shall come into force on 1st October 2006.

(3) Regulations 5(1), (2), (3), (8), (9) and (10)(c), 6, 13(1), (2), (3), (4), (5), (8), (9), (11) and (12)(c), 14, 15(1), (4) and (6), 16(1), (2) and (3), 17(1) and (5) and 18(1), (2) and (3) shall come into force on 2nd October 2006.

(4) Regulations 5(4), (5), (10)(a), (b), (d) and (e) and (11), 13(6), (7), (12)(a), (b), (d) and (e) and (13), 15(2), (3) and (7), 16(4), 17(2), (3) and (6) and 18(4) 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 2nd October 2006.

(5) In paragraph (4) the term “benefit week” has the same meaning as in—

(a) regulation 2(1) of the Income Support (General) Regulations 1987 so far as it relates to regulation 5;

(b) regulation 1(3) of the Jobseeker’s Allowance Regulations 1996 so far as it relates to regulation 13;

(c) regulation 2(1) of the Housing Benefit Regulations 2006 so far as it relates to regulation 15;

(d) regulation 2(1) of the Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 2006 so far as it relates to regulation 16;

(e) regulation 2(1) of the Council Tax Benefit Regulations 2006 so far as it relates to regulation 17; and

(f) regulation 2(1) of the Council Tax Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 2006 so far as it relates to regulation 18.

(6) Regulation 5(6) shall come into force on 7th October 2006.

(7) Regulations 2, 5(7), 10(2), 11, 12(3) and (5), 13(10), 15(5) and 17(4) shall come into force on 9th October 2006.

Section 2 Amendment of the Social Security (Widow’s Benefit and Retirement Pensions) Regulations 1979

In regulation 3A of the Social Security (Widow’s Benefit and Retirement Pensions) Regulations 1979 (calculating periods of incapacity for work for welfare to work beneficiaries entitled to an increase of long-term incapacity benefit) for “52 weeks” substitute “104 weeks”.

Section 3 Amendment of the Social Security (General Benefit) Regulations 1982

In regulation 16 of the Social Security (General Benefit) Regulations 1982 (earnings level for the purpose of unemployability supplement) for “£4,212” substitute “£4,472”.

Section 4 Amendment of the Social Security (Severe Disablement Allowance) Regulations 1984

In regulation 3 of the Social Security (Severe Disablement Allowance) Regulations 1984 (conditions relating to residence and presence) omit paragraph (1)(b), the word “and” immediately preceding that paragraph and paragraph (1A).

Section 5 Amendment of the Income Support (General) Regulations 1987

(1) The Income Support (General) Regulations 1987 are amended as follows.

(2) In regulation 16(3)(a)(circumstances in which a person is to be treated as being or not being a member of the same household) for “special hospitals” substitute “high security psychiatric services”.

(3) In regulation 35(1)(j)(earnings of employed earners) for “regulation 18(22) to (25) of the Social Security (Contributions) Regulations 1979 ” substitute “Part 5 of Schedule 3 to the Social Security (Contributions) Regulations 2001 ”.

(4) In regulation 48(4) (income treated as capital) for “or 25 to 28” substitute “, 25 to 28, 44 or 45”.

(5) In regulation 65 (relationship with amounts to be disregarded under Schedule 9) , omit from “and any other income” to the end of the regulation.

(6) Omit paragraph 16 of Schedule 1B (certain persons aged 50 who have not been in remunerative work for 10 years) .

(7) In—

(a) paragraphs 10(4) and 12(1A) of Schedule 2 (applicable amounts) , and

(b) paragraphs 7(10) and 14(3AA)(b) and (10) of Schedule 3 (housing costs)

for “52 weeks” in each place that it appears substitute “104 weeks”.

(8) In Schedule 3 (housing costs) —

(a) at the end of paragraph 1(3)(b) (housing costs) , insert—

; or

(c) who is disabled or severely disabled for the purposes of section 9(6) (maximum rate) of the Tax Credits Act 2002 .

(b) for paragraph 3(7)(c)(ii) (circumstances in which a person is to be treated as occupying a dwelling as his home), substitute—

(ii) the move was delayed pending the outcome of an application under Part 8 of the Contributions and Benefits Act for a social fund payment to meet a need arising out of the move or in connection with setting up the home in the dwelling, and—

(aa) a member of the claimant’s family is aged five or under,

(bb) the claimant’s applicable amount includes a premium under paragraph 9, 9A, 10, 11, 13 or 14 of Schedule 2 (applicable amounts), or

(cc) a child tax credit is paid for a member of the claimant’s family who is disabled or severely disabled for the purposes of section 9(6) (maximum rate) of the Tax Credits Act 2002; or

(c) in paragraph 7 (transitional protection), after sub-paragraph (4) insert—

(4A) For the purposes of sub-paragraphs (3) and (4), there is an increase in the amount of existing housing costs where in any benefit week, those costs are higher than they were in the previous benefit week (whether or not those costs are higher than they were in the second benefit week).

(d) in paragraph 17(1)(a) (other housing costs), omit “and, in Scotland, payments by way of feu duty”.

(9) In paragraphs 7(1)(d) and 15A(a) of Schedule 8 (sums to be disregarded in the calculation of earnings) for “Schedule 3 to the Social Security (Contributions) Regulations 1979” in each place that it appears substitute “Schedule 6 to the Social Security (Contributions) Regulations 2001”.

(10) In Schedule 9 (sums to be disregarded in the calculation of income other than earnings)—

(a) in paragraph 15 —

(i) for sub-paragraph (1) substitute—

(1) Subject to sub-paragraph (3) and paragraph 39, any relevant payment made or due to be made at regular intervals.

(ii) in sub-paragraph (3), for “Sub-paragraphs (1) and (2)” substitute “Sub-paragraph (1)”;

(iii) omit sub-paragraphs (2), (4) and (5);

(b) omit paragraph 15A ;

(c) in paragraph 26 for the words from “care authority” to the end of the paragraph substitute “local authority under regulation 9 of the Fostering of Children (Scotland) Regulations 1996 (payment of allowances) ”;

(d) in paragraph 30A omit “but not a payment to which paragraph 15A applies”;

(e) in paragraph 36 , for “paragraphs 15(1) and 16” substitute “paragraph 16”.

(11) In Schedule 10 (capital to be disregarded)—

(a) in paragraph 12 , after “claimant” insert “or the claimant’s partner”;

(b) after paragraph 12 insert—

(12A)

(1) Any payment made to the claimant or the claimant’s partner in consequence of any personal injury to the claimant or, as the case may be, the claimant’s partner.

(2) But sub-paragraph (1)—

(a) applies only for the period of 52 weeks beginning with the day on which the claimant first receives any payment in consequence of that personal injury;

(b) does not apply to any subsequent payment made to him in consequence of that injury (whether it is made by the same person or another);

(c) ceases to apply to the payment or any part of the payment from the day on which the claimant no longer possesses it;

(d) does not apply to any payment from a trust where the funds of the trust are derived from a payment made in consequence of any personal injury to the claimant.

(3) For the purposes of sub-paragraph (2)(c), the circumstances in which a claimant no longer possesses a payment or a part of it include where the claimant has used a payment or part of it to purchase an asset.

(4) References in sub-paragraphs (2) and (3) to the claimant are to be construed as including references to his partner (where applicable).

(c) for paragraph 44 substitute—

(44)

(1) Any sum of capital to which sub-paragraph (2) applies and—

(a) which is administered on behalf of a person by the High Court or the County Court under Rule 21.11(1) of the Civil Procedure Rules 1998 or by the Court of Protection;

(b) which can only be disposed of by order or direction of any such court; or

(c) where the person concerned is under the age of 18, which can only be disposed of by order or direction prior to that person attaining age 18.

(2) This sub-paragraph applies to a sum of capital which is derived from—

(a) an award of damages for a personal injury to that person; or

(b) compensation for the death of one or both parents where the person concerned is under the age of 18.

Section 6 Amendment of the Social Security (Claims and Payments) Regulations 1987

For paragraph 8(c) of Schedule 9A (deductions of mortgage interest from benefit and payment to qualifying lenders) to the Social Security (Claims and Payments) Regulations 1987 , substitute—

(c) Communities Scotland;

Section 7 Amendment of the Social Security (Attendance Allowance) Regulations 1991

In regulation 2 of the Social Security (Attendance Allowance) Regulations 1991 (conditions as to residence and presence in Great Britain) omit paragraph (1)(b), the word “and” immediately preceding that paragraph and paragraph (4).

Section 8 Amendment of the Social Security (Disability Living Allowance) Regulations 1991

In regulation 2 of the Social Security (Disability Living Allowance) Regulations 1991 (conditions as to residence and presence in Great Britain) omit paragraph (1)(b), the word “and” immediately preceding that paragraph and paragraph (3).

Section 9 Amendment of the Social Security (Incapacity Benefit – Increases for Dependants) Regulations 1994

In regulation 9 of the Social Security (Incapacity Benefit – Increases for Dependants) Regulations 1994 (increase of incapacity benefit for adult dependents and persons having the care of children or qualifying young persons) after paragraph (2A) insert—

(2B) For the purposes of paragraph (1)(c) a beneficiary shall be treated as if he were entitled to child benefit in respect of a child or qualifying young person for any period throughout which—

(a) child benefit has been awarded to a parent of that child or qualifying young person with whom that child or qualifying young person is living and with whom the beneficiary is residing and either—

(i) the child or qualifying young person is being wholly or mainly maintained by the beneficiary; or

(ii) the beneficiary is also a parent of the child or qualifying young person; or

(b)

(i) the beneficiary;

(ii) his spouse or civil partner with whom he is residing; or

(iii) a parent (other than the beneficiary) to whom sub-paragraph (a) would refer if that parent were entitled to child benefit,

would have been entitled to child benefit in respect of that child had the child been born at the end of the week immediately preceding the week in which the birth occurred.

(2C) Where for any period a person who is in Great Britain could have been entitled to an increase of incapacity benefit pursuant to paragraph (1)(c) but for the fact that in pursuance of any agreement with the government of a country outside the United Kingdom—

(a) he;

(b) his spouse or civil partner who is residing with him; or

(c) a parent (other than the beneficiary) to whom paragraph (2B)(a) would refer if that parent were entitled to child benefit,

is entitled in respect of the child or qualifying young person in question to the family benefits of that country and is not entitled to child benefit, he shall for the purposes of entitlement to the increase be treated as if he were entitled to child benefit for the period in question.

(2D) For the purposes of paragraphs (2B) and (2C)—

(a) “week” means a period of 7 days beginning with a Monday; and

(b) a child or qualifying young person shall not be regarded as living with a person unless he can be so regarded for the purposes of section 143 (meaning of “person responsible for child or qualifying young person”).

Section 10 Amendment of the Social Security (Incapacity Benefit) Regulations 1994

(1) The Social Security (Incapacity Benefit) Regulations 1994 are amended as follows.

(2) In regulation 5A (calculating periods of incapacity for work for welfare to work beneficiaries) for “52 weeks” substitute “104 weeks”.

(3) In regulation 8 (limit of earnings from councillor’s allowance) for “£81.00” substitute “£86.00”.

(4) Omit paragraphs (2) and (3) of regulation 16 (conditions relating to residence or presence).

Section 11 Amendment of the Social Security (Incapacity Benefit) (Transitional) Regulations 1995

(1) The Social Security (Incapacity Benefit) (Transitional) Regulations 1995 are amended as follows.

(2) In regulation 17B (calculating periods of incapacity for work for welfare to work beneficiaries in long-term incapacity benefit transitional cases) for “52 weeks” substitute “104 weeks”.

(3) In regulation 23(2) (increase of Category A retirement pension for incapacity) for “52 weeks” substitute “104 weeks”.

Section 12 Amendment of the Social Security (Incapacity for Work) (General) Regulations 1995

(1) The Social Security (Incapacity for Work) (General) Regulations 1995 are amended in accordance with paragraphs (2) to (4).

(2) For regulation 11 (person with an infectious or contagious disease) substitute—

(11)

(1) A person shall be treated as incapable of work on any day in respect of which he is—

(a) excluded or abstains from work pursuant to a request or notice in writing lawfully made under an enactment; or

(b) otherwise prevented from working pursuant to an enactment,

by reason of his being a carrier, or having been in contact with a case, of a relevant disease.

(2) For the purposes of paragraph (1)—

“enactment” means an enactment comprised in, or in an instrument made under—

an Act; or

an Act of the Scottish Parliament; and

“relevant disease” means—

in England and Wales, any disease, food poisoning, infection, infectious disease or notifiable disease—

to which section 20(1) of the Public Health (Control of Disease) Act 1984 (stopping of work to prevent spread of disease) applies; or

to which—

regulation 3 (public health enactments applied to certain diseases) of, and Schedule 1 to,

regulation 9(1) (provisions for preventing the spread of typhus and relapsing fever) of, and Schedule 3 to, or

regulation 9(2) (provisions for preventing the spread of food poisoning and food borne infections) of, and Schedule 4 to,

the Public Health (Infectious Diseases) Regulations 1988 apply; or

to which regulations 8 and 9 (examination, etc. of the persons on aircraft and powers in respect of persons leaving aircraft) of the Public Health (Aircraft) Regulations 1979 apply; or

to which regulations 9 and 10 (examination, etc. of the persons on ships and powers in respect of certain persons on ships) of the Public Health (Ships) Regulations 1979 apply; and

in Scotland, any food poisoning or infectious disease—

to which section 71(1) of the Health Services and Public Health Act 1968 (compensation for stopping employment to prevent spread of disease in Scotland) applies;

to which—

regulations 8 and 9 (examination, etc. of persons on aircraft and powers in respect of persons leaving aircraft) of the Public Health (Aircraft) (Scotland) Regulations 1971 ; or

regulations 9 and 10 (examination, etc. of persons on ships and powers in respect of persons on ships) of the Public Health (Ships) (Scotland) Regulations 1971 ,

apply.

(3) In regulation 13A (welfare to work beneficiary)—

(a) at the end of paragraph (1)(b) insert “and”;

(b) in paragraph (1)(c) for “one week” substitute “one month”;

(c) omit paragraph (1)(d) and the word “and” immediately preceding it;

(d) for paragraph (3) substitute—

(3) A person is not a welfare to work beneficiary under paragraph (1) if his immediate past period of incapacity for work was ended by a determination, other than a determination in the circumstances set out in paragraph (1) or (3A), that he was, or was treated as, capable of work.

(e) after paragraph (3) insert—

(3A) The circumstances are that the person had successfully appealed against a determination made in respect of the personal capability assessment or the own occupation test in relation to his immediate past period of incapacity for work.

(f) in paragraph (4)—

(i) in the definition of “linking term” for “52 weeks” substitute “104 weeks”; and

(ii) in the definition of “immediate past period of incapacity for work” after “means” insert “the most recent of”.

(4) In regulation 17(3) and (4) (exempt work) for “£81.00” substitute “£86.00”.

(5) In determining whether a person is a welfare to work beneficiary in accordance with regulation 13A of the Social Security (Incapacity for Work) (General) Regulations 1995 as amended by paragraph (3), it shall be immaterial whether that person’s immediate past period of incapacity for work ended before or after the coming into force of that paragraph.

Section 13 Amendment of the Jobseeker’s Allowance Regulations 1996

(1) The Jobseeker’s Allowance Regulations 1996 are amended as follows.

(2) In regulation 1(3) (citation, commencement and interpretation) , in the definition of “benefit week”, after “regulation 23” in each place that it appears insert “or regulation 23A”.

(3) In—

(a) regulation 18(3)(f)(v) (steps to be taken by persons actively seeking employment),

(b) regulation 53(d)(iv) (persons treated as not engaged in remunerative work),

(c) paragraphs 9(d) and 19(a) of Schedule 6 (sums to be disregarded in the calculation of earnings), and

(d) paragraph 5(a) of Schedule 6A (sums to be disregarded in the calculation of earnings of members of joint-claim couples)

for “Schedule 3 to the Social Security (Contributions) Regulations 1979” in each place that it appears substitute “Schedule 6 to the Social Security (Contributions) Regulations 2001”.

(4) In regulation 78(3)(a) (circumstances in which a person is to be treated as being or not being a member of the household) for “special hospitals” substitute “high security psychiatric services”.

(5) In regulation 98(1)(h) (earnings of employed earners) for “regulation 18(22) to (25) of the Social Security (Contributions) Regulations 1979” substitute “Part 5 of Schedule 3 to the Social Security (Contributions) Regulations 2001”.

(6) In regulation 110(4) (income treated as capital) for “or 17” substitute “, 17, 42 or 43”.

(7) In regulation 134 (relationship with amounts to be disregarded under Schedule 7), omit the words “and any other income” to the end of the regulation.

(8) In the definition of “special Class 2 contributions” in regulation 158(3) (modifications of section 2) for “regulation 98(c) of the Social Security (Contributions) Regulations 1979” substitute “regulation 125(c) of the Social Security (Contributions) Regulations 2001”.

(9) In regulation 167 (modification of contribution conditions for volunteer development workers) for “Case G of Part 8 of the Social Security (Contributions) Regulations 1979 (volunteer development workers)” substitute “Case G of Part 9 of the Social Security (Contributions) Regulations 2001”.

(10) In—

(a) paragraphs 12(3), 20F(3) and 20H(2) of Schedule 1 (applicable amounts) , and

(b) paragraphs 13(4A)(b) and (12) of Schedule 2 (housing costs)

for “52 weeks” in each place that it appears substitute “104 weeks”.

(11) In Schedule 2 (housing costs)—

(a) at the end of paragraph 1(3)(c) (housing costs) , insert—

; or

(d) who is disabled or severely disabled for the purposes of section 9(6) (maximum rate) of the Tax Credits Act 2002.

(b) for paragraph 3(7)(c)(ii) (circumstances in which a person is to be treated as occupying a dwelling as his home), substitute—

(ii) the move was delayed pending the outcome of an application under Part 8 of the Benefits Act for a social fund payment to meet a need arising out of the move or in connection with setting up the home in the dwelling, and—

(aa) a member of the claimant’s family is aged five or under,

(bb) the claimant’s applicable amount includes a premium under paragraph 10, 11, 12, 13, 15 or 16 of Schedule 1 (applicable amounts), or

(cc) a child tax credit is paid for a member of the claimant’s family who is disabled or severely disabled for the purposes of section 9(6) (maximum rate) of the Tax Credits Act 2002; or

(c) in paragraph 16(1)(a) (other housing costs), omit “and, in Scotland, payments by way of feu duty”.

(12) In Schedule 7 (sums to be disregarded in the calculation of income other than earnings)—

(a) in paragraph 15 —

(i) for sub-paragraph (1) substitute—

(1) Subject to sub-paragraph (3) and paragraph 41, any relevant payment made or due to be made at regular intervals.

(ii) in sub-paragraph (3), for “Sub-paragraphs (1) and (2)” substitute “Sub-paragraph (1)”;

(iii) omit sub-paragraphs (2), (4) and (5);

(b) omit paragraph 16 ;

(c) in paragraph 27 for the words from “care authority” to the end of the paragraph substitute “local authority under regulation 9 of the Fostering of Children (Scotland) Regulations 1996 (payment of allowances)”;

(d) in paragraph 32(1) omit “but not a payment to which paragraph 16 applies”;

(e) in paragraph 38 , for “paragraphs 15(1) and 17” substitute “paragraph 17”.

(13) In Schedule 8 (capital to be disregarded)—

(a) in paragraph 17, after “claimant” insert “or the claimant’s partner”;

(b) after paragraph 17 insert—

(17A)

(1) Any payment made to the claimant or the claimant’s partner in consequence of any personal injury to the claimant or, as the case may be, the claimant’s partner.

(2) But sub-paragraph (1)—

(a) applies only for the period of 52 weeks beginning with the day on which the claimant first receives any payment in consequence of that personal injury;

(b) does not apply to any subsequent payment made to him in consequence of that injury (whether it is made by the same person or another);

(c) ceases to apply to the payment or any part of the payment from the day on which the claimant no longer possesses it;

(d) does not apply to any payment from a trust where the funds of the trust are derived from a payment made in consequence of any personal injury to the claimant.

(3) For the purposes of sub-paragraph (2)(c), the circumstances in which a claimant no longer possesses a payment or a part of it include where the claimant has used a payment or part of it to purchase an asset.

(4) References in sub-paragraphs (2) and (3) to the claimant are to be construed as including references to his partner (where applicable).

(c) for paragraph 42 substitute—

(42)

(1) Any sum of capital to which sub-paragraph (2) applies and—

(a) which is administered on behalf of a person by the High Court or the County Court under Rule 21.11(1) of the Civil Procedure Rules 1998 or by the Court of Protection;

(b) which can only be disposed of by order or direction of any such court; or

(c) where the person concerned is under the age of 18, which can only be disposed of by order or direction prior to that person attaining age 18.

(2) This sub-paragraph applies to a sum of capital which is derived from—

(a) an award of damages for a personal injury to that person; or

(b) compensation for the death of one or both parents where the person concerned is under the age of 18.

Section 14 Amendment of the State Pension Credit Regulations 2002

(1) The State Pension Credit Regulations 2002 are amended as follows.

(2) In regulation 5 (persons treated as being or not being members of the same household)—

(a) in paragraph (1), omit sub-paragraph (e) ;

(b) after paragraph (1) insert—

(1A) Paragraph (1)(d) and (f) shall not apply where a person is treated as being in Great Britain in accordance with regulation 4.

(3) In regulation 10 (assessed income period), omit paragraph (8).

(4) In regulation 18 (notional income)—

(a) for paragraph (1) substitute—

(1) A claimant who has attained the qualifying age shall be treated as possessing the amount of any retirement pension income—

(a) to which section 16(1)(a) to (e) applies,

(b) for which no claim has been made, and

(c) to which the claimant might expect to be entitled if a claim for it were made,

but only from the date on which that income could be expected to be acquired if a claim for it were made.

(1A) Paragraph (1) is subject to paragraphs (1B) and (1C).

(1B) Where a claimant—

(a) has deferred entitlement to retirement pension income to which section 16(1)(a) to (c) applies for at least 12 months, and

(b) would have been entitled to make an election under Schedule 5 or 5A to the 1992 Act or under Schedule 1 to the Graduated Retirement Benefit Regulations,

he shall be treated for the purposes of paragraph (1) as possessing the amount of retirement pension income to which he might expect to be entitled if he were to elect to receive a lump sum.

(1C) Where a claimant receives an allowance under—

(a) section 68 of the 1992 Act (severe disablement allowance), or

(b) section 70 of that Act (carer’s allowance),

the amount of that allowance is to be deducted from the amount of retirement pension income which he is treated as possessing for the purposes of paragraph (1) (or, where applicable, paragraph (1) read with paragraph (1B)).

(1D) A claimant who has attained the qualifying age shall be treated as possessing income from an occupational pension scheme which he elected to defer, but only from the date on which it could be expected to be acquired if a claim for it were made.

(b) after paragraph (8) add—

(9) For the purposes of paragraph (6), a person is not to be regarded as depriving himself of income where—

(a) his rights to benefits under a registered pension scheme are extinguished and in consequence of this he receives a payment from the scheme, and

(b) that payment is a trivial commutation lump sum within the meaning given by paragraph 7 of Schedule 29 to the Finance Act 2004 .

(10) In paragraph (9), ”registered pension scheme” has the meaning given in section 150(2) of the Finance Act 2004.

(5) In Schedule 2 (housing costs)—

(a) in paragraph 13(1)(a) (other housing costs), omit “and, in Scotland, payments by way of feu duty”;

(b) in paragraph 14 (persons residing with the claimant)—

(i) in sub-paragraph (2)(a) , for “(1)(c)” substitute “(1)(b)”, and

(ii) after sub-paragraph (7)(d) , insert—

(dd) in respect of whom a deduction in the calculation of a rent rebate or allowance falls to be made under regulation 55 (non-dependant deductions) of the Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 2006; or

(6) In paragraph 16(2) of Schedule 5 (capital disregarded for the purpose of calculating income) —

(a) for sub-paragraph (a) substitute—

(a) by the High Court or the County Court under Rule 21.11(1) of the Civil Procedure Rules 1998, or the Court of Protection, or on behalf of a person where the payment can only be disposed of by order or direction of any such court;

(b) in sub-paragraph (b), omit “Rule 131 of the Act of Sederunt (Rules of the Court, consolidation and amendment) 1965 , or under”.

Section 15 Amendment of the Housing Benefit Regulations 2006

(1) The Housing Benefit Regulations 2006 are amended as follows.

(2) In regulation 46(4) (income treated as capital) for “or 25 to 28” substitute “, 25 to 28, 45 or 46”.

(3) In regulation 62 (relationship with amounts to be disregarded under Schedule 5) omit from “and any other income” to the end of the regulation.

(4) In regulation 80(4)(a) (calculation of weekly amounts) for “regulation 76(2)” substitute “regulation 76(2) or (3)”.

(5) In paragraphs 11(4) and 13(8) of Schedule 3 (applicable amounts) for “52 weeks” in each place that it appears substitute “104 weeks”.

(6) In paragraph 26 of Schedule 5 (sums to be disregarded in the calculation of income other than earnings) for the words from “care authority” to the end of the paragraph substitute “local authority under regulation 9 of the Fostering of Children (Scotland) Regulations 1996 (payment of allowances)”.

(7) In Schedule 6 (capital to be disregarded)—

(a) in paragraph 14, after “claimant” insert “or the claimant’s partner”;

(b) after paragraph 14 insert—

(14A)

(1) Any payment made to the claimant or the claimant’s partner in consequence of any personal injury to the claimant or, as the case may be, the claimant’s partner.

(2) But sub-paragraph (1)—

(a) applies only for the period of 52 weeks beginning with the day on which the claimant first receives any payment in consequence of that personal injury;

(b) does not apply to any subsequent payment made to him in consequence of that injury (whether it is made by the same person or another);

(c) ceases to apply to the payment or any part of the payment from the day on which the claimant no longer possesses it;

(d) does not apply to any payment from a trust where the funds of the trust are derived from a payment made in consequence of any personal injury to the claimant.

(3) For the purposes of sub-paragraph (2)(c), the circumstances in which a claimant no longer possesses a payment or a part of it include where the claimant has used a payment or part of it to purchase an asset.

(4) References in sub-paragraphs (2) and (3) to the claimant are to be construed as including references to his partner (where applicable).

(c) for paragraph 45 substitute—

(45)

(1) Any sum of capital to which sub-paragraph (2) applies and—

(a) which is administered on behalf of a person by the High Court or the County Court under Rule 21.11(1) of the Civil Procedure Rules 1998 or by the Court of Protection;

(b) which can only be disposed of by order or direction of any such court; or

(c) where the person concerned is under the age of 18, which can only be disposed of by order or direction prior to that person attaining age 18.

(2) This sub-paragraph applies to a sum of capital which is derived from—

(a) an award of damages for a personal injury to that person; or

(b) compensation for the death of one or both parents where the person concerned is under the age of 18.

Section 16 Amendment of the Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 2006

(1) The Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 2006 are amended as follows.

(2) At the end of regulation 41 (notional income) add—

(11) For the purposes of paragraph (8), a person is not to be regarded as depriving himself of income where—

(a) his rights to benefits under a registered pension scheme are extinguished and in consequence of this he receives a payment from the scheme, and

(b) that payment is a trivial commutation lump sum within the meaning given by paragraph 7 of Schedule 29 to the Finance Act 2004.

(12) In paragraph (11), ”registered pension scheme” has the meaning given in section 150(2) of the Finance Act 2004.

(3) In regulation 59(11) (date on which change of circumstances is to take effect), after “the change of circumstances” insert “referred to in paragraph (10)(b)”.

(4) In paragraph 17(2) of Schedule 6 (capital to be disregarded) for sub-paragraph (a) substitute—

(a) by the High Court or the County Court under Rule 21.11(1) of the Civil Procedure Rules 1998, or the Court of Protection, or on behalf of a person where the payment can only be disposed of by order or direction of any such court;

Section 17 Amendment of the Council Tax Benefit Regulations 2006

(1) The Council Tax Benefit Regulations 2006 are amended as follows.

(2) In regulation 36(4) (income treated as capital) for “or 25 to 28” substitute “, 25 to 28, 47 or 48”.

(3) In regulation 49 (relationship with amounts to be disregarded under Schedule 4), omit the words “and any other income” to the end of the regulation.

(4) In paragraphs 11(4) and 13(9) of Schedule 1 (applicable amounts) for “52 weeks” in each place that it appears substitute “104 weeks”.

(5) In paragraph 27 of Schedule 4 (sums to be disregarded in the calculation of income other than earnings) for the words from “care authority” to the end of the paragraph substitute “local authority under regulation 9 of the Fostering of Children (Scotland) Regulations 1996 (payment of allowances)”.

(6) In Schedule 5 (capital to be disregarded)—

(a) in paragraph 14 after “claimant” insert “or claimant’s partner”;

(b) after paragraph 14 insert—

(14A)

(1) Any payment made to the claimant or the claimant’s partner in consequence of any personal injury to the claimant or, as the case may be, the claimant’s partner.

(2) But sub-paragraph (1)—

(a) applies only for the period of 52 weeks beginning with the day on which the claimant first receives any payment in consequence of that personal injury;

(b) does not apply to any subsequent payment made to him in consequence of that injury (whether it is made by the same person or another);

(c) ceases to apply to the payment or any part of the payment from the day on which the claimant no longer possesses it;

(d) does not apply to any payment from a trust where the funds of the trust are derived from a payment made in consequence of any personal injury to the claimant.

(3) For the purposes of sub-paragraph (2)(c), the circumstances in which a claimant no longer possesses a payment or a part of it include where the claimant has used a payment or part of it to purchase an asset.

(4) References in sub-paragraphs (2) and (3) to the claimant are to be construed as including references to his partner (where applicable).

(c) for paragraph 47 substitute—

(47)

(1) Any sum of capital to which sub-paragraph (2) applies and—

(a) which is administered on behalf of a person by the High Court or the County Court under Rule 21.11(1) of the Civil Procedure Rules 1998 or by the Court of Protection;

(b) which can only be disposed of by order or direction of any such court; or

(c) where the person concerned is under the age of 18, which can only be disposed of by order or direction prior to that person attaining age 18.

(2) This sub-paragraph applies to a sum of capital which is derived from—

(a) an award of damages for a personal injury to that person; or

(b) compensation for the death of one or both parents where the person concerned is under the age of 18.

Section 18 Amendment of the Council Tax Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 2006

(1) The Council Tax Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 2006 are amended as follows.

(2) At the end of regulation 31 (notional income) insert—

(11) For the purposes of paragraph (8), a person is not to be regarded as depriving himself of income where—

(a) his rights to benefits under a registered pension scheme are extinguished and in consequence of this he receives a payment from the scheme, and

(b) that payment is a trivial commutation lump sum within the meaning given by paragraph 7 of Schedule 29 to the Finance Act 2004.

(12) In paragraph (11), ”registered pension scheme” has the meaning given in section 150(2) of the Finance Act 2004.

(3) In regulation 50(11) (date on which change of circumstances is to take effect), after “the change of circumstances” insert “referred to in paragraph (10)(b)”.

(4) In paragraph 17(2) of Schedule 4 (capital to be disregarded) for sub-paragraph (a) substitute—

(a) by the High Court or the County Court under Rule 21.11(1) of the Civil Procedure Rules 1998, or the Court of Protection, or on behalf of a person where the payment can only be disposed of by order or direction of any such court;