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Statutory Instruments

2005 No. 2183

SOCIAL SECURITY

The Income-related Benefits (Amendment) Regulations 2005

Made

3rd August 2005

Laid before Parliament

4th August 2005

Coming into force

5th August 2005

M1,M2,M3,M4,M5 The Secretary of State for Work and Pensions, in exercise of the powers conferred upon him by sections 123(1)(a), (d) and (e), 136(3) and (5)(b), 137(1) and 175(1), (3) and (4) of the Social Security Contributions and Benefits Act 1992 , sections 12(1) and (4)(b), 35(1) and 36(2) and (4)(a) of the Jobseekers Act 1995 and sections 15(6)(b) and 17(1) of the State Pension Credit Act 2002 and of all other powers enabling him in that behalf, it having appeared to him that, by reason of the urgency of the matter, it is inexpedient either to consult in respect of provisions in these Regulations relating to housing benefit and council tax benefit with organisations appearing to him to be representative of the authorities concerned or to refer proposals to make these Regulations to the Social Security Advisory Committee , hereby makes the following Regulations:

Citation and commencement

1. These Regulations may be cited as the Income-related Benefits (Amendment) Regulations 2005 and shall come into force on 5th August 2005.

Amendment of the Income Support (General) Regulations 1987

M6 2. —(1) The Income Support (General) Regulations 1987 are amended as follows.

(2) In Schedule 10 (capital to be disregarded), after paragraph 22 insert—

22A. —(1) An amount equal to any interim assistance grant paid by the London Bombings Relief Charitable Fund for the purpose of relieving immediate need faced by the claimant arising in consequence of—

(a) an injury he suffered in the terrorist attacks carried out in London on 7th July 2005 as a result of which he stayed at least one night in hospital, or

(b) the death of a partner or close relative of his in, or as a result of, those attacks.

(2) A disregard which applies by virtue of sub-paragraph (1) shall have effect only in relation to—

(a) an award of income support during which the grant is paid, and

(b) where that award is followed by one or more further awards of income support which begins immediately after the end of the previous award, such further award, provided that the claimant in respect of that further award—

(i) is the person who received the grant, or

(ii) ii)is the partner of that person, or was the partner of that person at the date of the latter's death.

(3) In sub-paragraph (1), “ the London Bombings Relief Charitable Fund ” means the company limited by guarantee (number 5505072) and registered charity of that name established on 11th July 2005 for the purpose of (amongst other things) relieving sickness, disability or financial need of victims (including families or dependants of victims) of the terrorist attacks carried out in London on 7th July 2005. .

Amendment of the Housing Benefit (General) Regulations 1987

F1 3. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Amendment of the Council Tax Benefit (General) Regulations 1992

F1 4. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Amendment of the Jobseeker's Allowance Regulations 1996

M7 5. —(1) The Jobseeker's Allowance Regulations 1996 are amended as follows.

(2) In Schedule 8 (capital to be disregarded), after paragraph 27 insert—

27A. —(1) An amount equal to any interim assistance grant paid by the London Bombings Relief Charitable Fund for the purpose of relieving immediate need faced by the claimant arising in consequence of—

(a) an injury he suffered in the terrorist attacks carried out in London on 7th July 2005 as a result of which he stayed at least one night in hospital, or

(b) the death of a partner or close relative of his in, or as a result of, those attacks.

(2) A disregard which applies by virtue of sub-paragraph (1) shall have effect only in relation to—

(a) an award of a jobseeker's allowance during which the grant is paid, and

(b) where that award is followed by one or more further awards of a jobseeker's allowance which begins immediately after the end of the previous award, such further award, provided that the claimant in respect of that further award—

(i) is the person who received the grant,

(ii) is the partner of that person, or was the partner of that person at the date of the latter's death, or

(iii) in the case of a joint-claim jobseeker's allowance, is a joint-claim couple either member of which received the grant.

(3) In sub-paragraph (1), “ the London Bombings Relief Charitable Fund ” means the company limited by guarantee (number 5505072) and registered charity of that name established on 11th July 2005 for the purpose of (amongst other things) relieving sickness, disability or financial need of victims (including families or dependants of victims) of the terrorist attacks carried out in London on 7th July 2005. .

Amendment of the State Pension Credit Regulations 2002

M8 6. —(1) The State Pension Credit Regulations 2002 are amended as follows.

(2) In Part I of Schedule V (capital disregarded for the purpose of calculating income), after paragraph 15 insert—

15A. —(1) An amount equal to any interim assistance grant paid by the London Bombings Relief Charitable Fund for the purpose of relieving immediate need faced by the claimant arising in consequence of the death of a partner or close relative of his in, or as a result of, the terrorist attacks carried out in London on 7th July 2005.

(2) A disregard which applies by virtue of sub-paragraph (1) shall have effect only in relation to—

(a) an award of state pension credit during which the grant is paid, and

(b) where that award is followed by one or more further awards of state pension credit which begins immediately after the end of the previous award, such further award, provided that the claimant in respect of that further award—

(i) is the person who received the grant, or

(ii) ii)is the partner of that person, or was the partner of that person at the date of the latter's death.

(3) In sub-paragraph (1), “ the London Bombings Relief Charitable Fund ” means the company limited by guarantee (number 5505072) and registered charity of that name established on 11th July 2005 for the purpose of (amongst other things) relieving sickness, disability or financial need of victims (including families or dependants of victims) of the terrorist attacks carried out in London on 7th July 2005. .

Signed by authority of the Secretary of State for Work and Pensions.

Stephen C. Timms

Minister of State,

Department for Work and Pensions

Status: There are currently no known outstanding effects for the The Income-related Benefits (Amendment) Regulations 2005.
The Income-related Benefits (Amendment) Regulations 2005 (2005/2183)
Version from: 6 March 2006

Displaying information

Status of this instrument

in force Provision is in force
in force* In force only for specified purposes (see footnote)
not in force Not in force in England (may be in force in other geographies, see footnotes)
defined term Defined term
dfn Defined term (alternative style)
footnote commentary transitional and savings in force status related provisions geo extent insert/omit source count in force adj
F1 Reg. 4 revoked (6.3.2006) by The Housing Benefit and Council Tax Benefit (Consequential Provisions) Regulations 2006 (S.I. 2006/217) , reg. 1(1) , Sch. 1 (with regs. 2 , 3 , Sch. 3 , Sch. 4 ) this amendment (text ) should be read in conjunction with other related provisions, see the commentary.
F1 Reg. 4 revoked (6.3.2006) by The Housing Benefit and Council Tax Benefit (Consequential Provisions) Regulations 2006 (S.I. 2006/217) , reg. 1(1) , Sch. 1 (with regs. 2 , 3 , Sch. 3 , Sch. 4 ) this amendment (text ) should be read in conjunction with other related provisions, see the commentary.
M1 1992 c. 4 ; section 123(1)(e) was substituted by the Local Government Finance Act 1992 (c. 14) , Schedule 9 , paragraph 1(1) ; section 137(1) is an interpretation provision and is cited because of the meaning given to the word “prescribed”. Sections 175(1) and (4) were amended by the Social Security Contributions (Transfer of Functions, etc.) Act 1999 (c. 2) , Schedule 3 , paragraph 29 . Section 175(1), (3) and (4) are applied to provisions of the State Pension Credit Act 2002 by section 19(1) of that Act.
M2 1995 c. 18 ; section 35(1) is an interpretation provision and is cited because of the meaning given to the words “prescribed” and “regulations”.
M3 2002 c. 16 ; section 17(1) is an interpretation provision and is cited because of the meaning given to the words “prescribed” and “regulations”.
M4 See section 176(1) and (2)(a) of the Social Security Administration Act 1992 (c. 5) .
M5 See sections 170 and 173(1)(a) of the Social Security Administration Act 1992.
M6 S.I. 1987/1967 .
M7 S.I. 1996/207 .
M8 S.I. 2002/1792 .
Defined Term Section/Article ID Scope of Application

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The list includes made instruments, both those in force and those yet to come into force. Typically, instruments that are not yet in force (hence their changes are not incorporated into the text above) are indicated by description 'not yet' in the changes made column.

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