The Social Security (Miscellaneous Amendments No. 4) Regulations 2017

• Citation: S.I. 2017/1015
• Sections: 17

Section 1 Citation and commencement

(1) These Regulations may be cited as the Social Security (Miscellaneous Amendments No. 4) Regulations 2017.

(2) Except for regulations 3 and 5(2), these Regulations come into force on 16th November 2017.

(3) Regulations 3 and 5(2) come into force on 6th December 2018.

Section 2 Amendment of the Social Security (Invalid Care Allowance) Regulations 1976

(1) The Social Security (Invalid Care Allowance) Regulations 1976 are amended as follows.

(2) In regulation 9(1) (conditions relating to residence and presence in Great Britain) , for “9A and 9B” substitute “9A, 9B and 9C”.

(3) After regulation 9B (persons residing in an EEA state other than the United Kingdom or in Switzerland to whom a relevant EU Regulation applies) , insert—

Refugees

(9C)

(1) Regulation 9(1)(c) shall not apply where the person has—

(a) been granted refugee status or humanitarian protection under the immigration rules; or

(b) leave to enter or remain in the United Kingdom as the dependant of a person granted refugee status or humanitarian protection under the immigration rules.

(2) For the purposes of this regulation “immigration rules” means the rules laid before Parliament under section 3(2) of the Immigration Act 1971 .

Section 3 Amendment of the Social Security (Widow’s Benefit and Retirement Pensions) Regulations 1979

(1) The Social Security (Widow’s Benefit and Retirement Pensions) Regulations 1979 are amended as follows.

(2) In regulation 1(2) (interpretation), after the definition of “unemployability supplement” insert—

“widowed mother’s allowance” means an allowance referred to in section 37 of the Social Security Contributions and Benefits Act 1992 (widowed mother’s allowance: deaths before 9 April 2001) ;

(3) In regulation 7 (Category B retirement pension for certain widows by virtue of husband’s contributions)—

(a) in paragraph (e), for “the age of 65” substitute “pensionable age”;

(b) after paragraph (f), insert—

(g) her having ceased to be entitled to a widowed mother’s allowance at a time when she had reached the age of 65 but was under pensionable age,

Section 4 Amendment of the Income Support (General) Regulations 1987

In regulation 42(2B) of the Income Support (General) Regulations 1987 (notional income) , for “maximum amount of income which may be withdrawn from the fund” substitute “rate of the annuity which may have been purchased with the fund”.

Section 5 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(1)(d) (claims not required for entitlement to benefit in certain cases) —

(a) in paragraph (i)—

(i) for “over the age of 65 and” substitute “who has reached pensionable age and is”;

(ii) omit “or widowed parent’s allowance”;

(b) omit paragraph (ii) and the “or” immediately before it.

(3) In regulation 7(6)(b) (evidence and information)—

(a) in paragraph (i), for “maximum amount of income which may be withdrawn from the scheme” substitute “rate of the annuity which may have been purchased with the funds held under the scheme”;

(b) in paragraph (ii), for “maximum amount of income which might be withdrawn from the fund” substitute “rate of the annuity which might have been purchased with the fund”.

(4) In regulation 32(5)(b) (information to be given and changes to be notified) —

(a) in paragraph (i), for “maximum amount of income which may be withdrawn from the scheme” substitute “rate of the annuity which may have been purchased with the funds held under the scheme”;

(b) in paragraph (ii), for “maximum amount of income which might be withdrawn from the fund” substitute “rate of the annuity which might have been purchased with the fund”.

Section 6 Amendment of the Social Security (Attendance Allowance) Regulations 1991

(1) The Social Security (Attendance Allowance) Regulations 1991 are amended as follows.

(2) In regulation 2(1) (conditions as to residence and presence in Great Britain) , for “2A and 2B” substitute “2A, 2B and 2C”.

(3) After regulation 2B (persons residing in an EEA state other than the United Kingdom or in Switzerland to whom a relevant EU regulation applies) , insert—

Refugees

(2C)

(1) Regulation 2(1)(a)(iii) shall not apply where the person has—

(a) been granted refugee status or humanitarian protection under the immigration rules; or

(b) leave to enter or remain in the United Kingdom as the dependant of a person granted refugee status or humanitarian protection under the immigration rules.

(2) For the purposes of this regulation “immigration rules” means the rules laid before Parliament under section 3(2) of the Immigration Act 1971.

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

(1) The Social Security (Disability Living Allowance) Regulations 1991 are amended as follows.

(2) In regulation 2(1) (conditions as to residence and presence in Great Britain) , for “2A and 2B” substitute “2A, 2B and 2C”.

(3) After regulation 2B (persons residing in an EEA state other than the United Kingdom or in Switzerland to whom a relevant EU Regulation applies) , insert—

Refugees

(2C)

(1) Regulation 2(1)(a)(iii) shall not apply where the person has—

(a) been granted refugee status or humanitarian protection under the immigration rules; or

(b) leave to enter or remain in the United Kingdom as the dependant of a person granted refugee status or humanitarian protection under the immigration rules.

(2) For the purposes of this regulation “immigration rules” means the rules laid before Parliament under section 3(2) of the Immigration Act 1971.

Section 8 Amendment of the Jobseeker’s Allowance Regulations 1996

In regulation 105(4) of the Jobseeker’s Allowance Regulations 1996 (notional income) , for “maximum amount of income which may be withdrawn from the fund” substitute “rate of the annuity which may have been purchased with the fund”.

Section 9 Amendment of the Social Security and Child Support (Decisions and Appeals) Regulations 1999

In regulation 3(7CD) of the Social Security and Child Support (Decisions and Appeals) Regulations 1999 (revision of decisions) , before the words “failed to satisfy a requirement” insert “, without showing good cause,”.

Section 10 Amendment of the State Pension Credit Regulations 2002

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

(2) In regulation 15 (income for the purposes of the Act)—

(a) in paragraph (3)—

(i) after “prescribed under paragraph (1)” insert “, or retirement pension income to which section 16(1)(za) to (e) applies,”;

(ii) after “taken into account under paragraph (1)” insert “, or section 16(1)(za) to (e),”;

(b) in paragraph (4) , after sub-paragraph (d) add—

(e) section 14 of the Pensions Act 2014 (pension sharing: reduction in the sharer’s section 4 pension) ;

(f) section 45B or 55B of the Social Security Contributions and Benefits Act 1992 (reduction of additional pension in Category A retirement pension and shared additional pension: pension sharing) .

(3) In regulation 18(3) (notional income), for “maximum amount of income which may be withdrawn from the fund” substitute “rate of the annuity which may have been purchased with the fund and is to be determined by the Secretary of State, taking account of information provided by the pension fund holder in accordance with regulation 7(5) of the Social Security (Claims and Payments) Regulations 1987 ”.

Section 11 Amendment of the Housing Benefit Regulations 2006

In regulation 86(7)(b) of the Housing Benefit Regulations 2006 (evidence and information) —

(a) in paragraph (i), for “maximum amount of income which may be withdrawn from the scheme” substitute “rate of the annuity which may have been purchased with the funds held under the scheme”;

(b) in paragraph (ii), for “maximum amount of income which might be withdrawn from the fund” substitute “rate of the annuity which might have been purchased with the fund”.

Section 12 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 29 (meaning of “income”)—

(a) in paragraph (3), after “prescribed under paragraph (1)” insert “, or retirement pension income to which section 16(1)(za) to (e) of the State Pension Credit Act applies,”;

(b) in paragraph (4) , after sub-paragraph (d) add—

(e) section 14 of the Pensions Act 2014 (pension sharing: reduction in the sharer’s section 4 pension);

(f) section 45B or 55B of the Social Security Contributions and Benefits Act 1992 (reduction of additional pension in Category A retirement pension and shared additional pension: pension sharing).

(3) In regulation 41(5) (notional income) , for “maximum amount of income which may be withdrawn from the fund” substitute “rate of the annuity which may have been purchased with the fund”.

(4) In regulation 67(7)(b) (evidence and information) —

(a) in paragraph (i), for “maximum amount of income which may be withdrawn from the scheme” substitute “rate of the annuity which may have been purchased with the funds held under the scheme”;

(b) in paragraph (ii), for “maximum amount of income which might be withdrawn from the fund” substitute “rate of the annuity which might have been purchased with the fund”.

Section 13 Amendment of the Employment and Support Allowance Regulations 2008

In regulation 106(6) of the Employment and Support Allowance Regulations 2008 (notional income–deprivation and income on application) , for “maximum amount of income which may be withdrawn from the fund” substitute “rate of the annuity which may have been purchased with the fund”.

Section 14 Amendment of the Social Security (Personal Independence Payment) Regulations 2013

After regulation 23 of the Social Security (Personal Independence Payments) Regulations 2013 (persons residing in an EEA state other than the United Kingdom or in Switzerland to whom a relevant EU Regulation applies) , insert—

Refugees

(23A)

(1) Regulation 16(b) does not apply in relation to a claim for personal independence payment where C has—

(a) been granted refugee status or humanitarian protection under the immigration rules; or

(b) leave to enter or remain in the United Kingdom as the dependant of a person granted refugee status or humanitarian protection under the immigration rules.

(2) For the purposes of this regulation “immigration rules” means the rules laid before Parliament under section 3(2) of the Immigration Act 1971.

Section 15 Amendment of the Universal Credit, Personal Independence Payment, Jobseeker’s Allowance and Employment and Support Allowance (Claims and Payments) Regulations 2013

In regulation 41(3)(b) of the Universal Credit, Personal Independence Payment, Jobseeker’s Allowance and Employment and Support Allowance (Claims and Payments) Regulations 2013 (evidence and information required from pension fund holders) —

(a) in paragraph (i), for “maximum amount of income which may be withdrawn from the scheme” substitute “rate of the annuity which may have been purchased with the funds held under the scheme”;

(b) in paragraph (ii), for “maximum amount of income which might be withdrawn from the fund” substitute “rate of the annuity which might have been purchased with the fund”.

Section 16 Amendment of the Universal Credit, Personal Independence Payment, Jobseeker’s Allowance and Employment and Support Allowance (Decisions and Appeals) Regulations 2013

In regulation 6(3) of the Universal Credit, Personal Independence Payment, Jobseeker’s Allowance and Employment and Support Allowance (Decisions and Appeals) Regulations 2013 (late application for a revision) , for “13” substitute “12”.

Section 17 Amendment of the State Pension Regulations 2015

(1) Regulation 35 of the State Pension Regulations 2015 (credit for persons providing care for a child under the age of 12) is amended as follows.

(2) For paragraphs (3) and (4) substitute—

(3) The person (‘A’) referred to in paragraph (1) is not entitled to be credited with a Class 3 contribution unless—

(a) child benefit was awarded to another person (‘B’) in respect of—

(i) the child, or each child, for whom A provided care, and

(ii) the week in which A provided that care,

(b) B’s earnings factors, other than those derived from a Class 3 contribution credit awarded under regulation 34, exceed the qualifying earnings factor for the year in which the relevant week falls, and

(c) A makes an application to the Secretary of State to be so credited in accordance with paragraph (5) and regulation 39.

(4) Where the requirements relating to the provision of care by A in paragraph (3)(a)(i) can be satisfied by more than one person in respect of a week in which B was awarded child benefit—

(a) those persons shall elect, with the agreement of B, which of them is to be credited with a Class 3 contribution credit (and then only the elected person is to be so credited), or

(b) the Secretary of State is to exercise his discretion to determine which of those persons is to be credited with that contribution, in default of the agreement referred to in sub-paragraph (a).

(3) In paragraph (5)—

(a) for “(4)(c)”, substitute “(3)(c)”,

(b) in sub-paragraphs (a) and (c), after “the child” insert “, or each child,”.