The Social Security (Miscellaneous Amendments) (No.4) Regulations 2007

• Citation: S.I. 2007/2470
• Sections: 8

Section 1 Citation and commencement

These Regulations may be cited as the Social Security (Miscellaneous Amendments) ( No. 4) Regulations 2007 and shall come into force on 24th September 2007.

Section 2 Amendment of the Social Security (Claims and Payments) Regulations 1987

(1) The Social Security (Claims and Payments) Regulations 1987 are amended as follows.

(2) In regulation 3 (claims not required for entitlement to benefit in certain cases)—

(a) after sub-paragraph (c) insert—

(ca) in the case of a Category A retirement pension where the beneficiary—

(i) is entitled to any category of retirement pension other than a Category A retirement pension; and

(ii) becomes divorced or the beneficiary’s civil partnership is dissolved;

(cb) in the case of a Category B retirement pension where the beneficiary—

(i) is entitled to either a Category A retirement pension or to a graduated retirement benefit or to both; and

(ii) marries or enters into a civil partnership;

(b) after sub-paragraph ( d ) insert—

(da) in the case of a bereavement payment where the beneficiary is over pensionable age and satisfies the conditions of entitlement under section 36(1) of the Contributions and Benefits Act ;

(3) After regulation 6(15) insert—

(15A) Paragraphs (16) to (34) shall not apply in any case where it would be advantageous to the claimant to apply the provisions of regulation 19 (time for claiming benefit.

(4) In regulation 6(19) (date of claim) for the words from “original award”)” to “the circumstances”, substitute “original award”) has been terminated or reduced or payment under that award ceases in the circumstances” and in sub-paragraph (b) for “re-awarded,” substitute “re-awarded or becomes payable again”.

(5) In regulation 6(20) —

(a) after sub-paragraph (a) omit “or”;

(b) at the end of sub-paragraph (b) add “or”; and

(c) after sub-paragraph (b) add—

(c) that the qualifying benefit has ceased to be payable in accordance with—

(i) regulation 6(1) of the Social Security (Attendance Allowance) Regulations 1991 or regulation 8(1) of the Social Security (Disability Living Allowance) Regulations 1991 because the claimant is undergoing treatment as an in-patient in a hospital or similar institution, or

(ii) regulation 7 of the Social Security (Attendance Allowance) Regulations 1991 or regulation 9 of the Social Security (Disability Living Allowance) Regulations 1991 because the claimant is resident in certain accommodation other than a hospital.

(6) In regulation 6(21) —

(a) for “The additional” substitute “Subject to paragraph (21A), the additional” and in sub-paragraph (a), for “and” substitute “or”; and

(b) for sub-paragraph (b) substitute—

(b) the qualifying benefit is re-awarded following revision, supersession or appeal; or

(c) the qualifying benefit is re-awarded on a renewal claim when an award for a fixed period expires; or

(d) the cessation of payment ends when the claimant leaves the hospital or similar institution or accommodation referred to in paragraph (20)(c); and

the further claim referred to in paragraph (19), is made within three months of the date on which the additional circumstances apply.

(7) After regulation 6(21), insert—

(21A) Paragraph (21) applies whether the benefit is re-awarded when the further claim is decided or following a revision of, or an appeal against, such a decision.

(8) In regulation 6(30)(b) omit “not later than 10 working days after the termination,”.

(9) In regulation 6(33) , for “Where” substitute “Subject to paragraph (34), where”.

(10) After regulation 6(33) add—

(34) Paragraph (33) shall not apply where the decision awarding a qualifying benefit is made in respect of a renewal claim where a fixed period award of that benefit has expired, or is due to expire.

(11) In regulation 19 (time for claiming benefit), after paragraph (3B) insert—

(3C) In any case where the application of paragraphs (16) to (34) of regulation 6 would be advantageous to the claimant, this regulation shall apply subject to those provisions.

(12) In regulation 30(4) (payments on death), for “Paragraphs” substitute “Subject to paragraph (4B), paragraphs”.

(13) After regulation 30(4A) insert—

(4B) A written application is not required where—

(a) an executor or administrator has not been appointed;

(b) the deceased was in receipt of a retirement pension of any category or state pension credit including where any other benefit was combined for payment purposes with either of those benefits at the time of death;

(c) the sum payable by way of benefit to the deceased is payable to a person who was the spouse or civil partner of the deceased at the time of death; and

(d) either—

(i) the spouse or civil partner and the deceased were living together at the time of death; or

(ii) they would have been living together at the time of death but for the fact that either or both of them were in a residential care or a nursing home or in a hospital.

(14) In regulation 33(1)(c) (persons unable to act) for “receiver” substitute “deputy” and after “Court of Protection” insert “under Part 1 of the Mental Capacity Act 2005 or receiver appointed under Part 7 of the Mental Health Act 1983 but treated as a deputy by virtue of the Mental Capacity Act 2005”.

Section 3 Amendment of the Social Security and Child Support (Decisions and Appeals) Regulations 1999

(1) The Social Security and Child Support (Decisions and Appeals) Regulations 1999 are amended as follows.

(2) In regulation 3(5)(b) (revision of decisions), for “except in the case of a disability decision or an incapacity benefit decision where there has been an incapacity determination (whether before or after the decision)”, substitute “except in a case to which sub-paragraph (c) or (d) applies,”.

(3) In regulation 3(5)(c) , at the beginning, insert “subject to sub-paragraph (d),”.

(4) After regulation 3(5)(c), add—

(d) where the decision is a disability benefit decision, or is an incapacity benefit decision, which was made in ignorance of, or was based upon a mistake as to, some material fact not in relation to the incapacity or disability determination embodied in or necessary to the incapacity benefit decision or disability benefit decision, and as a result of that ignorance of, or mistake as to that fact, the decision was more advantageous to the claimant than it would otherwise have been but for the ignorance or mistake,

(5) After regulation 3(5A) insert—

(5B) A decision by the Secretary of State under section 8 or 10 awarding incapacity benefit may be revised at any time if—

(a) it incorporates a determination that the condition in regulation 28(2)(b) of the Social Security (Incapacity for Work) (General) Regulations 1995 (conditions for treating a person as incapable of work until the personal capability assessment is carried out) is satisfied;

(b) the condition referred to in sub-paragraph (a) was not satisfied at the time when the further claim was first determined; and

(c) there is a period before the award which falls to be decided.

(6) In regulation 7(2)(bc) (date from which a decision superseded under section 10 takes effect), at the beginning, insert “subject to sub-paragraph (bd),”.

(7) After regulation 7(2)(bc) add—

(bd) sub-paragraph (bc) shall only apply to the disabled person whose benefit is affected by the cessation of payment of carer’s allowance;

(8) In regulation 7A(1) (definitions for the purposes of regulations 3(5)(c), 6(2)(g), 7(2)(c) and (5) and ancillary provisions), in the definition of “incapacity benefit decision”, at the end, add “or an award of long term incapacity benefit under regulation 17(1) (transitional awards of long-term incapacity benefit) of the Social Security (Incapacity Benefit) (Transitional) Regulations 1995 ”.

(9) In Schedule 3B, paragraph 6 , (date on which change of circumstances takes effect where claimant entitled to state pension credit) for “Social Security (Hospital In-Patients) Regulations 1975 ” substitute “Social Security (Hospital In-Patients) Regulations 2005 ”.

Section 4 Amendment of the Housing Benefit Regulations 2006

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

(2) In regulation 79(1) (date on which change of circumstances is to take effect) for the words from “either regulation 34” to “subject to” substitute “regulation 34 (disregard of changes in tax, contributions, etc ) applies, and subject to regulation 8(3) of the Decisions and Appeals Regulations and”.

(3) In regulation 79(2) for “, except in a case where regulation 8(3) of the Decisions and Appeals Regulations applies,” substitute “and regulation 8(3) of the Decisions and Appeals Regulations”.

Section 5 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) In regulation 59(1) (date on which change of circumstances is to take effect) for the words from “of these Regulations” to “subject to” substitute “applies, and subject to regulation 8(3) of the Decisions and Appeals Regulations and”.

(3) In regulation 59(2) for “, except in a case where regulation 8(3) of the Decisions and Appeals Regulations applies,” substitute “and regulation 8(3) of the Decisions and Appeals Regulations”.

Section 6 Amendment of the Council Tax Benefit Regulations 2006

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

(2) In regulation 67(1) (date on which change of circumstances is to take effect) for the words from “, or regulation” to “subject to” substitute “applies, and subject to regulation 8(3) of the Decisions and Appeals Regulations, and”.

Section 7 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) In regulation 50(1) (date on which change of circumstances is to take effect) for the words from “, or regulation” to “subject to” substitute “applies, and subject to regulation 8(3) of the Decisions and Appeals Regulations, and”.

Section 8 Revocations

Regulations 7(2A) (decisions superseding earlier decisions) and 8(12) and (13) (date from which a decision superseding an earlier decision takes effect) of the Housing Benefit and Council Tax Benefit (Decisions and Appeals) Regulations 2001 are revoked.