The Social Security (Miscellaneous Amendments) Regulations 2007

• Citation: S.I. 2007/719
• Sections: 9

Section 1 Citation, commencement and interpretation

(1) These Regulations may be cited as the Social Security (Miscellaneous Amendments) Regulations 2007.

(2) This regulation and regulations 2(1), (3) to (6), (7)(b)(ii) and (e), (8)(a), (9) and 3(1), (3) to (7), (8)(d) and (j), (9)(a), (11) and 4, 6 to 9 shall come into force on 2nd April 2007.

(3) Subject to paragraphs (4) and (5), regulations 2(8)(c), 3(9)(c) and 5 shall come into force on 8th April 2007.

(4) Regulations 2(8)(c) and 3(9)(c) shall come into force immediately after regulation 5.

(5) Regulations 2(8)(c), 3(9)(c) and 5, in so far as they relate to a particular beneficiary, shall not apply on any day in a benefit week to commence for that beneficiary before 9th April 2007.

(6) Subject to paragraphs (7) and (8), regulations 2(2), (7)(a), (b)(i) and (iii), (c), (d) and (f) to (h), (8)(b) and (d) and 3(2), (8)(a) to (c) and (e) to (i), (k) and (l), (9)(b) and (10) 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 9th April 2007.

(7) Regulation 2(7)(a) to (h), in so far as it relates to a particular beneficiary, shall come into force immediately after article 16 of the Uprating Order 2007 comes into force.

(8) Regulation 3(8)(a), (g) and (l) in so far as it relates to a particular beneficiary, shall come into force immediately after article 24 of the Uprating Order 2007 comes into force.

(9) In this regulation—

“benefit week” has the same meaning as in—

regulation 2(1) of the Income Support (General) Regulations 1987 so far as it relates to regulations 2 and 5(2), and

regulation 1(3) of the Jobseeker’s Allowance Regulations 1996 so far as it relates to regulations 3 and 5(3);

“the Uprating Order 2007” means the Social Security Benefits Uprating Order 2007 .

Section 2 Amendment of the Income Support (General) Regulations 1987

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

(2) In regulation 2(1) (interpretation) at the appropriate place insert the following definition—

“long-term patient” means a person who—

is a patient within the meaning of regulation 21(3); and

has been such a patient for a continuous period of more than 52 weeks;

(3) For regulation 42(2)(i) (notional income) substitute—

(i) any sum to which paragraph 44(2)(a) of Schedule 10 (capital to be disregarded) applies which is administered in the way referred to in paragraph 44(1)(a);

(ia) any sum to which paragraph 45(a) of Schedule 10 refers; or

(4) In regulation 51 (notional capital)—

(a) for paragraph (1)(c) substitute—

(c) any sum to which paragraph 44(2)(a) of Schedule 10 (capital to be disregarded) applies which is administered in the way referred to in paragraph 44(1)(a);

(d) any sum to which paragraph 45(a) of Schedule 10 refers.

(b) for paragraph (2)(e) substitute—

(e) any sum to which paragraph 44(2)(a) of Schedule 10 (capital to be disregarded) applies which is administered in a way referred to in paragraph 44(1)(a); or

(f) any sum to which paragraph 45(a) of Schedule 10 refers,

(5) In regulation 66B (treatment of payments from access funds) —

(a) in paragraph (3) omit “(which has the same meaning as in paragraph 15(2) of Schedule 9)”;

(b) after that paragraph insert—

(3A) In paragraph (3) “ordinary clothing or footwear” means clothing or footwear for normal daily use, but it does not include—

(a) school uniforms, or

(b) clothing or footwear used solely for sporting activities.

(6) In regulation 68 (income treated as capital) —

(a) in paragraph (3) omit “(which has the same meaning as in paragraph 15(2) of Schedule 9)”;

(b) after that paragraph insert—

(4) In paragraph (3) “ordinary clothing or footwear” means clothing or footwear for normal daily use, but it does not include—

(a) school uniforms, or

(b) clothing or footwear used solely for sporting activities.

(7) In Schedule 2 (applicable amounts)—

(a) in paragraph 1(1)(c) and (2)(c) (personal allowances) for “paragraph 11(a)” substitute “paragraph 11(1)(a)”;

(b) in paragraph 10 (higher pensioner premium) —

(i) in sub-paragraph (1) for “The” substitute “Subject to sub-paragraph (6), the”;

(ii) in sub-paragraph (4) omit “, (2)(b)(ii)”;

(iii) after sub-paragraph (5) insert—

(6) The condition is not satisfied if the claimant’s partner to whom sub-paragraph (1) refers is a long-term patient.

(c) in paragraph 11 (disability premium) —

(i) the existing provisions of paragraph 11 become sub-paragraph (1) of that paragraph;

(ii) at the beginning of that sub-paragraph, for “The” substitute “Subject to sub-paragraph (2), the”;

(iii) after that sub-paragraph, insert—

(2) The condition is not satisfied if—

(a) the claimant is a single claimant or a lone parent and (in either case) is a long-term patient;

(b) the claimant is a member of a couple or polygamous marriage and each member of the couple or polygamous marriage is a long-term patient; or

(c) the claimant is a member of a couple or a polygamous marriage and a member of that couple or polygamous marriage is—

(i) a long-term patient; and

(ii) the only member of the couple or polygamous marriage to whom sub-paragraph (1)(b) refers.

(d) in paragraph 12(1) (additional condition for the higher pensioner and disability premium) —

(i) in sub-paragraph (b)(ii)(bb) for “paragraphs 2A and 2B” substitute “paragraph 2A”;

(ii) in sub-paragraph (d) omit “or 2B”;

(e) in paragraph 13(3ZA) (severe disability premium) , for “the date on which the award is made” substitute “the date on which the award is first paid”.

(f) for paragraph 13A(2) (enhanced disability premium) substitute—

(2) The condition is not satisfied if the person to whom sub-paragraph (1) refers is—

(a) a child or young person—

(i) whose capital if calculated in accordance with Part 5 of these Regulations in like manner as for the claimant, except as provided in regulation 44(1), would exceed £3,000; or

(ii) who is a long-term patient;

(b) a single claimant or a lone parent and (in either case) is a long-term patient;

(c) a member of a couple or polygamous marriage and each member of the couple or polygamous marriage is a long-term patient; or

(d) a member of a couple or polygamous marriage who—

(i) is a long-term patient; and

(ii) is the only member of the couple or polygamous marriage to whom sub-paragraph (1) refers.

(g) for paragraph 14 (disabled child premium) substitute—

Disabled Child Premium

(14)

(1) Subject to sub-paragraph (2), the condition is that where the child or young person for whom the claimant or a partner of his is responsible and who is a member of the claimant’s household is—

(a) in receipt of disability living allowance or is no longer in receipt of that allowance because he is a patient provided that the child or young person continues to be a member of the family; or

(b) blind or treated as blind within the meaning of paragraph 12(1)(a)(iii) and (2).

(2) The condition is not satisfied in respect of a child or young person—

(a) whose capital, if calculated in accordance with Part 5 of these Regulations in like manner as for the claimant, except as provided in regulation 44(1), would exceed £3,000; or

(b) who is a long-term patient.

(h) in paragraph 15(4) (weekly amounts of premiums specified in Part 3)—

(i) in sub-paragraph (a) for “paragraph 11(a)” substitute “paragraph 11(1)(a)”;

(ii) in sub-paragraph (b) for “paragraph 11(b)” substitute “paragraph 11(1)(b)”.

(8) In Schedule 7 (applicable amounts in special cases) —

(a) in the heading, for “Regulation 21” substitute “Regulations 21 and 21AA”;

(b) omit paragraph 2B in Columns (1) and (2) ;

(c) omit paragraph 3 in Columns (1) and (2) ;

(d) in paragraph 19, in Columns (1) and (2), for “paragraph 11(b)” substitute “paragraph 11(1)(b)”.

(9) In paragraph 30A(1) of Schedule 9 (sums to be disregarded in the calculation of income other than earnings), for “whether or not the payment is charitable or voluntary” substitute “except a charitable or voluntary payment disregarded under paragraph 15”.

Section 3 Amendment of the Jobseeker’s Allowance Regulations 1996

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

(2) In regulation 1(3) (interpretation) at the appropriate place insert the following definition—

“long-term patient” means a person who—

is a patient within the meaning of regulation 85(4); and

has been such a patient for a continuous period of more than 52 weeks;

(3) In regulation 3E(2)(d) (entitlement of a member of a joint-claim couple to a jobseeker’s allowance without a claim being made jointly by the couple) , for “85” substitute “85A”.

(4) For regulation 105(2)(h) (notional income) substitute—

(h) any sum to which paragraph 42(2)(a) of Schedule 8 (capital to be disregarded) applies which is administered in the way referred to in paragraph 42(1)(a);

(ha) any sum to which paragraph 43(a) of Schedule 8 refers; or

(5) In regulation 113 (notional capital)—

(a) for paragraph (1)(c) substitute—

(c) any sum to which paragraph 42(2)(a) of Schedule 8 (capital to be disregarded) applies which is administered in the way referred to in paragraph 42(1)(a); or

(d) any sum to which paragraph 43(a) of Schedule 8 refers.

(b) for paragraph (2)(e) substitute—

(e) any sum to which paragraph 42(2)(a) of Schedule 8 (capital to be disregarded) applies which is administered in the way referred to in paragraph 42(1)(a); or

(f) any sum to which paragraph 43(a) of Schedule 8 refers,

(6) In regulation 136A (treatment of payments from access funds) —

(a) in paragraph (3) omit “(which has the same meaning as in paragraph 15(2) of Schedule 7)”;

(b) after that paragraph insert—

(3A) In paragraph (3) “ordinary clothing or footwear” means clothing or footwear for normal daily use, but it does not include—

(a) school uniforms, or

(b) clothing or footwear used solely for sporting activities.

(7) In regulation 138 (income treated as capital)—

(a) in paragraph (3) omit “(which has the same meaning as in paragraph 15(2) of Schedule 7)”;

(b) after that paragraph insert—

(4) In paragraph (3) “ordinary clothing or footwear” means clothing or footwear for normal daily use, but it does not include—

(a) school uniforms, or

(b) clothing or footwear used solely for sporting activities.

(8) In Schedule 1 (applicable amounts)—

(a) in paragraph 1(1)(c), (2)(c) and (3)(d) (personal allowances) for “paragraph 13(a)” substitute “paragraph 13(1)(a)”;

(b) in paragraph 12 (higher pensioner premium)—

(i) in sub-paragraph (1) for “The” substitute “Subject to sub-paragraph (5), the”;

(ii) after sub-paragraph (4) insert—

(5) The condition is not satisfied if—

(a) the claimant is a single claimant or a lone parent and (in either case) is a long-term patient;

(b) the claimant is a member of a couple or polygamous marriage and each member of the couple or polygamous marriage is a long-term patient; or

(c) the claimant is a member of a couple or a polygamous marriage and a member of that couple or polygamous marriage is—

(i) a long-term patient; and

(ii) the only member of the couple or polygamous marriage to whom sub-paragraph (1)(b) or (c) refers.

(c) in paragraph 13 (disability premium)—

(i) the existing provisions of paragraph 13 become sub-paragraph (1) of that paragraph;

(ii) at the beginning of that sub-paragraph, for “The” substitute “Subject to sub-paragraph (2), the”;

(iii) after that sub-paragraph, insert—

(2) The condition is not satisfied if—

(a) the claimant is a single claimant or a lone parent and (in either case) is a long-term patient;

(b) the claimant is a member of a couple or polygamous marriage and each member of the couple or polygamous marriage is a long-term patient; or

(c) the claimant is a member of a couple or polygamous marriage and a member of that couple or polygamous marriage—

(i) is a long-term patient; and

(ii) is the only member of the couple or polygamous marriage to whom the condition in sub-paragraph (1)(b) or (c) refers.

(d) in paragraph 15(7) (severe disability premium) for “the date on which an award is made” substitute “the date on which the award is first paid”;

(e) for paragraph 15A(2) (enhanced disability premium) substitute—

(2) The condition is not satisfied where the person to whom sub-paragraph (1) refers is—

(a) a child or young person—

(i) whose capital if calculated in accordance with Part 8 of these Regulations in like manner as for the claimant, except as provided in regulation 106(1), would exceed £3,000; or

(ii) who is a long-term patient;

(b) a single claimant or a lone parent and (in either case) is a long-term patient;

(c) a member of a couple or polygamous marriage and each member of the couple or polygamous marriage is a long-term patient; or

(d) a member of a couple or polygamous marriage who is—

(i) a long-term patient; and

(ii) the only member of the couple or polygamous marriage to whom sub-paragraph (1) refers.

(f) for paragraph 16 (disabled child premium) substitute—

Disabled Child Premium

(16)

(1) Subject to sub-paragraph (2), the condition is that where the child or young person for whom the claimant or a partner of his is responsible and who is a member of the claimant’s household is—

(a) in receipt of disability living allowance or is no longer in receipt of that allowance because he is a patient provided that the child or young person continues to be a member of the family; or

(b) blind or treated as blind within the meaning of paragraph 14(1)(h) and (2).

(2) The condition is not satisfied in respect of a child or young person—

(a) whose capital, if calculated in accordance with Part 8 of these Regulations in like manner as for the claimant, except as provided in regulation 106(1), would exceed £3,000; or

(b) who is a long-term patient.

(g) in paragraph 20(5) (weekly amounts of premiums specified in Part 3)—

(i) in paragraph (a) for “paragraph 13(a)” substitute “paragraph 13(1)(a)”;

(ii) in paragraph (b) for “paragraph 13(b)” substitute “paragraph 13(1)(b)”;

(h) in paragraph 20F (higher pensioner premium) —

(i) in sub-paragraph (1) for “The” substitute “Subject to sub-paragraph (5), the”;

(ii) after sub-paragraph (4) insert—

(5) The condition is not satisfied if the member of the joint-claim couple to whom sub-paragraph (1) refers is a long-term patient.

(i) for paragraph 20G (disability premium) substitute—

Disability Premium

(20G)

(1) Subject to sub-paragraph (2), the condition is that a member of a joint-claim couple has not attained the age of 60 and satisfies any one of the additional conditions specified in paragraph 20H.

(2) The condition is not satisfied if—

(a) paragraph (1) only refers to one member of a joint-claim couple and that member is a long-term patient; or

(b) paragraph (1) refers to both members of a joint-claim couple and both members of the couple are long-term patients.

(j) in paragraph 20I(6) (severe disability premium) for “the date on which the award is made” substitute “the date on which the award is first paid”;

(k) for paragraph 20IA(2) (enhanced disability premium) substitute—

(2) The condition is not satisfied if—

(a) paragraph (1) only refers to one member of a joint-claim couple and that member is a long-term patient; or

(b) paragraph (1) refers to both members of a joint-claim couple and both members of the couple are long-term patients.

(l) in paragraph 20M(3) (weekly amounts of premiums specified in Part 4A), for “paragraph 20G” substitute “paragraph 20G(1)”.

(9) In Schedule 5 (applicable amounts in special cases)—

(a) in the heading, for “Regulation 85” substitute “Regulations 85 and 85A”.

(b) omit paragraph 1A in Columns (1) and (2) ;

(c) omit paragraph 2 in Columns (1) and (2) .

(10) In Schedule 5A (applicable amounts of joint-claim couples in special cases) , omit paragraph 1A in Columns (1) and (2).

(11) In paragraph 32(1) of Schedule 7 (sums to be disregarded in the calculation of income other than earnings) , for “whether or not the payment is charitable or voluntary” substitute “except a charitable or voluntary payment disregarded under paragraph 15”.

Section 4 Amendment of the State Pension Credit Regulations 2002

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

(2) In paragraph 1(2)(c) of Schedule 1 (circumstances in which persons are treated as not being severely disabled), for “the date on which the award is made” substitute “the date on which the award is first paid”.

Section 5 Amendment of the Social Security (Working Tax Credit and Child Tax Credit) (Consequential Amendments) Regulations 2003

(1) The Social Security (Working Tax Credit and Child Tax Credit) (Consequential Amendments) Regulations 2003 are amended as follows.

(2) In Schedule 1 (Amendments to the Income Support Regulations), omit paragraph 21(d).

(3) In Schedule 2 (Amendments to the Jobseeker’s Allowance Regulations), omit paragraph 21(a).

Section 6 Amendment of the Housing Benefit Regulations 2006

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

(2) For regulation 42(2)(d) (notional income) substitute—

(d) any sum to which paragraph 45(2)(a) of Schedule 6 (capital to be disregarded) applies which is administered in the way referred to in paragraph 45(1)(a);

(da) any sum to which paragraph 46(a) of Schedule 6 refers;

(3) For regulation 49(2)(e) (notional capital) substitute—

(e) any sum to which paragraph 45(2)(a) of Schedule 6 (capital to be disregarded) applies which is administered in the way referred to in paragraph 45(1)(a); or

(ea) any sum to which paragraph 46(a) of Schedule 6 refers; or

(4) For regulation 87 (amendment and withdrawal of claim) substitute—

Amendment and withdrawal of claim

(87)

(1) A person who has made a claim may amend it at any time before a decision has been made on it, by a notice in writing delivered or sent to the designated office, except where the claim was made by telephone in accordance with regulation 83(4A) where the amendment may be made by telephone, and any claim so amended shall be treated as if it had been amended in the first instance.

(2) A person who has made a claim may withdraw it at any time before a decision has been made on it, by notice to the designated office, and any such notice of withdrawal shall have effect when it is received.

(5) In Schedule 1 (ineligible service charges) for paragraph 1(a)(iii) substitute—

(iii) leisure items such as either sports facilities (except a children’s play area), or television rental, licence and subscription fees (except radio relay charges and charges made in respect of the conveyance and installation and maintenance of equipment for the conveyance of a television broadcasting service);

(6) In paragraph 14(6) of Schedule 3 (severe disability premium), for “the date on which the award is made” substitute “the date on which the award is first paid”.

Section 7 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) For regulation 68 (amendment and withdrawal of claim) substitute—

Amendment and withdrawal of claim

(68)

(1) A person who has made a claim may amend it at any time before a decision has been made on it, by a notice in writing delivered or sent to the designated office, except where the claim was made by telephone in accordance with regulation 64(5A) where the amendment may be made by telephone, and any claim so amended shall be treated as if it had been amended in the first instance.

(2) A person who has made a claim may withdraw it at any time before a decision has been made on it, by notice to the designated office, and any such notice of withdrawal shall have effect when it is received.

(3) In Schedule 1 (ineligible service charges) for paragraph 1(a)(iii) substitute—

(iii) leisure items such as either sports facilities (except a children’s play area), or television rental, licence and subscription fees (except radio relay charges and charges made in respect of the conveyance and installation and maintenance of equipment for the conveyance of a television broadcasting service);

(4) In paragraph 6(8)(a) of Schedule 3 (severe disability premium), for “the date on which the award is made” substitute “the date on which the award is first paid”.

Section 8 Amendment of the Council Tax Benefit Regulations 2006

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

(2) For regulation 32(2)(d) (notional income) substitute—

(d) any sum to which paragraph 47(2)(a) of Schedule 5 (capital to be disregarded) applies which is administered in the way referred to in paragraph 47(1)(a);

(da) any sum to which paragraph 48(a) of Schedule 5 refers;

(3) For regulation 39(2)(e) (notional capital) substitute—

(e) any sum to which paragraph 47(2)(a) of Schedule 5 (capital to be disregarded) applies which is administered in the way referred to in paragraph 47(1)(a); or

(ea) any sum to which paragraph 48(a) of Schedule 5 refers; or

(4) For regulation 73 (amendment and withdrawal of claim) substitute—

Amendment and withdrawal of claim

(73)

(1) A person who has made a claim may amend it at any time before a decision has been made on it, by a notice in writing delivered or sent to the designated office, except where the claim was made by telephone in accordance with regulation 69(4A) where the amendment may be made by telephone, and any claim so amended shall be treated as if it had been amended in the first instance.

(2) A person who has made a claim may withdraw it at any time before a decision has been made on it, by notice to the designated office, and any such notice of withdrawal shall have effect when it is received.

(5) In paragraph 14(6) of Schedule 1 for (severe disability premium), “the date on which the award is made” substitute “the date on which the award is first paid”.

Section 9 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) For regulation 58 (amendment and withdrawal of claim) substitute—

Amendment and withdrawal of claim

(58)

(1) A person who has made a claim may amend it at any time before a decision has been made on it, by a notice in writing delivered or sent to the designated office, except where the claim was made by telephone in accordance with regulation 53(4A) where the amendment may be made by telephone, and any claim so amended shall be treated as if it had been amended in the first instance.

(2) A person who has made a claim may withdraw it at any time before a decision has been made on it, by notice to the designated office, and any such notice of withdrawal shall have effect when it is received.

(3) In paragraph 6(8)(a) of Schedule 1 (severe disability premium), for “the date on which the award is made” substitute “the date on which the award is first paid”.