The Social Security (Miscellaneous Amendments) (No. 3) Regulations 2008

• Citation: S.I. 2008/2365
• Sections: 6

Section 1 Citation and commencement

These Regulations may be cited as the Social Security (Miscellaneous Amendments) (No. 3) Regulations 2008 and shall come into force on 1st October 2008.

Section 2 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 “£4,602” substitute “£4,784”.

Section 3 Amendment of the Social Security (Incapacity Benefit) Regulations 1994

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

(2) In regulation 8 (limit of earnings from councillor’s allowance) for “£88.50” substitute “£92.00”.

(3) In regulation 21 (disregard of certain pension payments) after sub-paragraph (b) omit “or” and after sub-paragraph (c) add—

(d) any payment made under article 14(1)(b) or 21(1)(a) of the Armed Forces and Reserve Forces (Compensation Scheme) Order 2005 ; or

(e) any pension payment made under an instrument specified in section 639(2) of the Income Tax (Earnings and Pensions) Act 2003 .

Section 4 Amendment of the Social Security (Incapacity for Work) (General) Regulations 1995

(1) The Social Security (Incapacity for Work) (General) Regulations 1995 are amended as follows.

(2) In regulation 17 (exempt work)—

(a) in paragraphs (3) and (4) for “£88.50” substitute “£92.00”; and

(b) in paragraph (7) for “Duties undertaken on not more than one day a week” substitute “Duties undertaken on either one full day or two half days a week”.

Section 5 Amendment of the Mesothelioma Lump Sum Payments (Conditions and Amounts) Regulations 2008

In regulation 2(1) of the Mesothelioma Lump Sum Payments (Conditions and Amounts) Regulations 2008 for subparagraph (c) substitute—

(c) payment from any government department, authority, body corporate or employer exempted from insurance by or under section 3 of the Employers’ Liability (Compulsory Insurance) Act 1969 or Article 7 of the Employers’ Liability (Defective Equipment and Compulsory Insurance) (Northern Ireland) Order 1972 .

Section 6 Amendment of the Social Security (Recovery of Benefits) (Lump Sum Payments) Regulations 2008

(1) The Social Security (Recovery of Benefits) (Lump Sum Payments) Regulations 2008 are amended as follows.

(2) In regulation 9(5) (information contained in certificates) for “paragraph (3)” substitute “paragraph (4)”.

(3) For paragraph 6 of Schedule 1 (modification of the Social Security (Recovery of Benefits ) Act 1997) substitute—

(6) Where this Schedule applies, section 13 (appeal to Social Security Commissioner) is to apply as if in—

(a) subsection (2)(b) there were omitted “of recoverable benefits” ;

(b) subsection (2)(bb) for “section 7(2)(a)” there were substituted “regulation 11(2)(a) of the Lump Sum Payment Regulations”; and

(c) subsection (2)(c) for “section 8) the injured person” there were substituted “regulation 12 of the Lump Sum Payments Regulations).

(4) In paragraph 1(b) of Schedule 2 (amendment of the Social Security and Child Support (Decisions and Appeals) Regulations 1999), in the inserted regulation 9ZA (Review of certificates) for paragraph 2(b) substitute—

“certificate” means a certificate of recoverable lump sum payments, including where any of the amounts is nil;

(5) In paragraph 1(2)(c)(ii) of Schedule 2 for “regulation 14” substitute “regulation 13”.

(6) For paragraph 1(2)(e) of Schedule 2 substitute—

(e) in regulation 33 (making of appeals and applications)—

(i) in paragraph (1)(d) after “recoverable benefits” insert “, recoverable lump sum payments”;

(ii) in paragraph (2)(a) after “recoverable benefits” insert “or, as the case maybe, recoverable lump sum payments”.