Statutory Instruments
2005 No. 337
SOCIAL SECURITY
TAX CREDITS
FAMILY LAW
CHILD SUPPORT
The Social Security, Child Support and Tax Credits (Miscellaneous Amendments) Regulations 2005
Made
15th February 2005
Laid before Parliament
18th February 2005
Coming into force
18th March 2005
The Secretary of State for Work and Pensions, in exercise of the powers conferred by the enactments set out in the Schedule to this Instrument, and of all other powers enabling him in that behalf, with the concurrence of the Lord Chancellor in so far as the Regulations are made under section 6(3) of the Social Security Act 1998, after consultation with the Council on Tribunals in accordance with section 8 of the Tribunals and Inquiries Act 1992 , after agreement by the Social Security Advisory Committee that the proposals to make these Regulations should not be referred to it , and so far as they concern housing benefit and council tax benefit after consultation with organisations appearing to the Secretary of State to be representative of the authorities concerned , hereby makes the following Regulations:
Citation and commencement
1. These Regulations may be cited as the Social Security, Child Support and Tax Credits (Miscellaneous Amendments) Regulations 2005 and shall come into force on 18th March 2005.
Amendment of the Social Security and Child Support (Decisions and Appeals) Regulations 1999
2. —(1)The Social Security and Child Support (Decisions and Appeals) Regulations 1999 shall be amended in accordance with this regulation.
(2) In regulation 3 (revision of decisions)—
(a) after paragraph (7) (award of another relevant benefit) insert —
“ (7ZA) Where—
(a) the Secretary of State makes a decision under section 8 or 10 awarding income support or state pension credit to a claimant (“ the original award ”);
(b) the claimant has a non-dependant within the meaning of regulation 3 of the Income Support Regulations or a person residing with him within the meaning of paragraph 1(1)(a)(ii), (b)(ii) or (c)(iii) of Schedule I to the State Pension Credit Regulations (“the non-dependant”);
(c) but for the non-dependant—
(i) a severe disability premium would be applicable to the claimant under regulation 17(1)(d) of the Income Support Regulations; or
(ii) an additional amount would be applicable to the claimant as a severe disabled person under regulation 6(4) of the State Pension Credit Regulations; and
(d) after the original award the non-dependant is awarded benefit which—
(i) is for a period which includes the date on which the original award took effect; and
(ii) is such that a severe disability premium becomes applicable to the claimant under paragraph 13(3)(a) of Schedule 2 to the Income Support Regulations or an additional amount for severe disability becomes applicable to him under paragraph 2(2)(a) of Schedule I to the State Pension Credit Regulations,
the Secretary of State may revise the original award. ” ,
(b) after paragraph (7A) insert—
“ (7B) A decision under regulation 22A of the Income Support Regulations (reduction in applicable amount where the claimant is appealing against a decision which embodies a determination that he is not incapable of work) may be revised if the appeal is successful.
(7C) Where a person's entitlement to income support is terminated because of a determination that he is not incapable of work and he subsequently appeals the decision that embodies that determination and is entitled to income support under regulation 22A of the Income Support Regulations, the decision to terminate entitlement may be revised. ” , and
(c) in paragraph (9)(a) after “since the decision had effect” insert “ or, in the case of an advance award under regulation 13 , 13A or 13C of the Claims and Payments Regulations, since the decision was made, ” .
(3) In regulation 4 (late application for a revision), in paragraph (3)(b) after “revised” add—
“ , but if the applicant has requested a statement of the reasons in accordance with regulation 28(1)(b) the 13 month period shall be extended by—
(i) if the statement is provided within one month of the notification, an additional 14 days; or
(ii) if it is provided after the elapse of a period after the one month ends, the length of that period and an additional 14 days. ” .
(4) In regulation 6 (supersession of decisions)—
(a) in paragraph (2)(a)(i) after “since the decision had effect” insert “ or, in the case of an advance award under regulation 13 , 13A or 13C of the Claims and Payments Regulations, since the decision was made ” ,
(b) after paragraph (2)(e) insert—
“ (ee) is an original award within the meaning of regulation 3(7ZA) and sub-paragraphs (a) to (c) and (d)(ii) of regulation 3(7ZA) apply but not sub-paragraph (d)(i); ” ,
(c) after paragraph (2)(m) add—
“ (n) is a decision by an appeal tribunal confirming a decision by the Secretary of State terminating a claimant's entitlement to income support because he no longer falls within the category of person specified in paragraph 7 of Schedule 1B to the Income Support Regulations (persons incapable of work) and a further appeal tribunal subsequently determines that he is incapable of work. ” , and
(d) omit paragraph (6)(b) (person in receipt of income support or a jobseeker's allowance temporarily absent from a nursing home or residential care home).
(5) In regulation 7 (date from which a decision superseded under section 10 takes effect)—
(a) in paragraph (2) , after “since the decision had effect” insert “ or, in the case of an advance award, since the decision was made ” ,
(b) after paragraph (6) insert—
“ (6A) Where—
(a) there is a decision which is a relevant determination for the purposes of section 27 and the Secretary of State makes a benefit decision of the kind specified in section 27(1)(b);
(b) there is an appeal against the determination;
(c) after the benefit decision payment is suspended in accordance with regulation 16(1) and (3)(b)(ii); and
(d) on appeal a court, within the meaning of section 27, reverses the determination in whole or in part,
a consequential decision by the Secretary of State under section 10 which supersedes his earlier decision under sub-paragraph (a) shall take effect from the date on which the earlier decision took effect. ” ,
(c) in paragraph (7) after “6(2)(e)” and “6(2)(e)(ii)” insert “ or (ee) ” , and
(d) after paragraph (33) add—
“ (34) A decision which supersedes a decision specified in regulation 6(2)(n) shall take effect from the effective date of the Secretary of State's decision to terminate income support which was confirmed by the decision specified in regulation 6(2)(n). ” .
(6) In regulation 28 (notice of decision against which appeal lies), in paragraph (2) after “request” add “ or as soon as practicable afterwards. ” .
(7) In regulation 30 (appeal against a decision which has been replaced or revised), in paragraph (2) after sub-paragraph (d) add—
“ (dd) it reverses a decision under section 29(2) that an accident is not an industrial accident; ” .
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(19) In Chapter V of Part V, after regulation 58 insert—
“ Appeal to a Commissioner by a partner
58A. A partner within the meaning of section 2AA(7) of the Administration Act (full entitlement to certain benefits conditional on work-focused interview for partner) may appeal to a Commissioner under section 14 from a decision of an appeal tribunal in respect of a decision specified in section 2B(2A) and (6) of the Administration Act. ” .
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(21) In Schedule 3A (date on which change of circumstances takes effect in certain cases where a claimant is in receipt of income support or jobseeker's allowance)—
(a) in the Schedule heading for “on which change of circumstances takes effect in certain cases” substitute “ from which superseding decision takes effect ” ,
(b) omit paragraphs 3(c) and 8(c) (cases where the claimant or his partner enters a nursing home or residential care home for not more than 8 weeks),
(c) in paragraph 5—
(i) in sub-paragraph (a) after “change of circumstances” insert “ or change specified in paragraphs 12 and 13 ” , and
(ii) in sub-paragraph (b) after “prescribed in” insert “ paragraph 12 or ” ,
(d) in paragraph 11—
(i) after “Where a relevant change of circumstances” insert “ or change specified in paragraphs 12 and 13 ” , and
(ii) after “accordance with” insert “ paragraph 12 or ” , and
(e) after paragraph 11 add—
“ Changes other than changes of circumstances
12. Where an amount of income support or jobseeker's allowance payable under an award is changed by a superseding decision specified in paragraph 13 the superseding decision shall take effect—
(a) in the case of a change in respect of income support, from the day specified in paragraph 1(a) or (b) for a change of circumstances; and
(b) in the case of a change in respect of jobseeker's allowance, from the day specified in paragraph 7 for a change of circumstances.
13. The following are superseding decisions for the purposes of paragraph 12—
(a) a decision which supersedes a decision specified in regulation 6(2)(b) to (ee); and
(b) a superseding decision which would, but for paragraph 12, take effect from a date specified in regulation 7(5) to (7), (12) to (16), (18) to (20), (22), (24) and (33). ” .
Amendment of the Housing Benefit and Council Tax Benefit (Decisions and Appeals) Regulations 2001
3. —(1)The Housing Benefit and Council Tax Benefit (Decisions and Appeals) Regulations 2001 shall be amended in accordance with this regulation.
(2) In regulation 4 (revision of decisions) in paragraph (10) for “was made” substitute “ had effect ” .
(3) In regulation 5 (late application for a revision), in paragraph (3)(b) before “be made” insert “ subject to regulation 4(4), ” .
(4) In regulation 23 (procedure in connection with appeals), in paragraph (1) for “Social Security and Child Support (Decisions and Appeals) Amendment Regulations 2004 ” substitute “ Social Security, Child Support and Tax Credits (Miscellaneous Amendments) Regulations 2005 ” .
Amendment of the Tax Credits (Appeals) (No. 2) Regulations 2002
4. —(1)The Tax Credits (Appeals) (No. 2) Regulations 2002 shall be amended in accordance with this regulation.
(2) In regulation 3 (other persons with a right of appeal or a right to make an application for a direction), in paragraph (ii) for “tutor, curator or other guardian acting or appointed in terms of law” substitute “ judicial factor, or guardian acting or appointed under the Adults with Incapacity (Scotland) Act 2000 who has power to claim, or as the case may be, receive a tax credit on his behalf ” .
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Amendment of the Social Security (Industrial Injuries) (Prescribed Diseases) Regulations 1985
5. In the Social Security (Industrial Injuries) (Prescribed Diseases) Regulations 1985 , regulation 5 (development of disease) shall be re-numbered paragraph (1) of regulation 5, and immediately after re-numbered paragraph (1) add—
“ (2) Where a person claims benefit under Part V of the Contributions and Benefits Act and it is decided that he is not entitled on the basis of a finding that he was not suffering from a prescribed disease, the finding shall be conclusive for the purpose of a decision on a subsequent claim of that kind in respect of the same disease and the same person. ” .
Amendment of the Income Support (General) Regulations 1987
6. In the Income Support (General) Regulations 1987 , in Schedule 1B (prescribed categories of person) in paragraph 25 (persons appealing against a decision which embodies a determination that they are not incapable of work) for “prior to” substitute “ beginning with the date on which that determination takes effect until ” .
Amendment of the Social Security (Claims and Payments) Regulations 1987
7. —(1)The Social Security (Claims and Payments) Regulations 1987 shall be amended in accordance with this regulation.
(2) In regulation 4 (making a claim for benefit), after paragraph (6C) insert—
“ (6CC) Paragraphs (6C)(b) to (e) apply in respect of information, evidence and advice relating to any claim by a person to whom paragraph (6A) applies, whether the claim is made in accordance with paragraph (6B)(b) or otherwise. ” .
(3) In regulation 4D (making a claim for state pension credit)—
(a) in paragraph (3) omit “or other office designated by the Secretary of State for accepting claims for state pension credit”,
(b) after paragraph (3) insert—
“ (3A) A claim made in writing may also be made at an office designated by the Secretary of State for accepting claims for state pension credit. ” ,
(c) for paragraph (5) substitute—
“ (5) Where a claim is made in accordance with paragraph (4), the local authority or other specified person—
(a) shall forward the claim to the Secretary of State as soon as reasonably practicable;
(b) may receive information or evidence relating to the claim supplied by the person making, or who has made, the claim or another person, and shall forward it to the Secretary of State as soon as reasonably practicable;
(c) may obtain information or evidence relating to the claim from the person who has made the claim and shall forward it to the Secretary of State as soon as reasonably practicable;
(d) may record information or evidence relating to the claim supplied or obtained in accordance with sub-paragraph (b) or (c) and may hold the information or evidence (whether as supplied or obtained or as recorded) for the purpose of forwarding it to the Secretary of State; and
(e) may give information and advice with respect to the claim to the person who makes, or has made, the claim. ” ,
and
(d) after paragraph (5) insert—
“ (5A) Paragraph (5)(b) to (e) applies in respect of information, evidence and advice relating to any claim for state pension credit, whether it is made in accordance with paragraph (4) or otherwise . ” .
(4) In regulation 6 (date of claim)—
(a) in paragraph (20) for “or appeal” substitute “ , appeal or termination of an award for a fixed period ” ,
(b) in paragraph (21)(b) for “or appeal” substitute “ , appeal or further claim when an award for a fixed period expires, whether benefit is re-awarded when the further claim is decided or following a revision of, or an appeal against, such a decision ” , and
(c) in paragraph (22) —
(i) in the definition of “relevant benefit”, after sub-paragraph (e) add “ (f) state pension credit ” , and
(ii) in the definition of “family” after “Jobseekers Act” add “ , and in the case of state pension credit “ member of his family ” means the other member of a couple where the claimant is a member of a married or unmarried couple ” .
(5) In regulation 13C for the heading and paragraph (1) substitute—
“ Further claim for and award of disability living allowance or attendance allowance
13C. —(1) A person entitled to an award of disability living allowance or attendance allowance may make a further claim for disability living allowance or attendance allowance, as the case may be, during the period of 6 months immediately before the existing award expires. ” .
(6) In regulation 30 (payments on death) in paragraph (1) after “proceed with the claim” add “ and any related issue of revision, supersession or appeal ” .
(7) In regulation 33 (persons unable to act)—
(a) in paragraph (1)(d) for “tutor, curator or other guardian acting or appointed in terms of law” substitute “ a judicial factor or any guardian acting or appointed under the Adults with Incapacity (Scotland) Act 2000 who has power to claim or, as the case may be, receive benefit on his behalf ” ,
(b) after paragraph (1) insert—
“ (1A) Where a person has been appointed under regulation 71(3) of the Housing Benefit (General) Regulations 1987 or regulation 61(3) of the Council Tax Benefit (General) Regulations 1992 by a relevant authority within the meaning of those Regulations to act on behalf of another in relation to a benefit claim or award, the Secretary of State may, if the person agrees, treat him as if he had appointed him under paragraph (1). ” ,
(c) in paragraph (2) after “an appointment” insert “ , or treated an appointment as made, ” , and
(d) in paragraph (3) for “tutor, curator, or other” substitute “ judicial factor or ” .
(8) In regulation 38(1) (extinguishment of right to payment of sums by way of benefit where payment is not obtained within the prescribed period)—
(a) after sub-paragraph (b) insert—
“ (bb) in relation to any such sum which the person entitled to it and the Secretary of State have arranged to be paid by means of direct credit transfer into a bank or other account, on the due date for payment of the sum; ” , and
(b) in sub-paragraph (c) for “or (b)” substitute “ , (b) or (bb) ” .
(9) In regulation 43 (children)—
(a) in paragraph (2)(b) after “18” insert “ or, if the person is a parent of the child and living with him, be over the age of 16 ” , and
(b) in paragraph (7), before the definition of “child's father” insert—
“ “ child ” means a person under the age of 16; ” .
(10) In regulation 44 (payment of disability living allowance on behalf of a beneficiary), in paragraph (3)—
(a) omit “original” in each place where it occurs,
(b) in sub-paragraph (b) after “term of hire” add “ , other than where sub-paragraph (d) applies, ” , and
(c) after sub-paragraph (c) insert—
“ ; or
(d) where the original term of hire is extended by an agreed variation of the agreement, the period of the extended term. ” .
(11) In Schedule 7 (manner and time of payment, and commencement of entitlement in income support cases), in paragraph 2(c) omit “registering or required to register as available for work or”.
Amendment of the Housing Benefit (General) Regulations 1987
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Amendment of the Council Tax Benefit (General) Regulations 1992
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Amendment of the Social Security (Payments on account, Overpayments and Recovery) Regulations 1988
10. —(1)The Social Security (Payments on account, Overpayments and Recovery) Regulations 1988 shall be amended in accordance with this regulation.
(2) In regulation 1(2) (interpretation) after the definition of “the Act” insert—
“ “ the Administration Act ” means the Social Security Administration Act 1992 ; ” .
(3) In regulation 2 (making of interim payments)—
(a) in paragraph (1) —
(i) after “may be entitled” insert “ (or, where sub-paragraph (a) applies, entitled apart from satisfying the condition of making a claim) ” , and
(ii) in sub-paragraph (a), after “immediately” insert “ , including where it is impracticable to satisfy immediately the national insurance number requirements in section 1(1A) and (1B) of the Administration Act ” , and
(b) for paragraph (1A) substitute—
“ (1A) Paragraph (1) shall not apply pending the determination of an appeal. ” .
(4) In regulation 8(1) (duplication and prescribed payments)—
(a) for “27(2) of the Act” substitute “ 74(2) of the Administration Act ” , and
(b) after sub-paragraph (i) add—
“ (j) any contribution-based jobseeker's allowance within the meaning of section 1(4) of the Jobseekers Act 1995 . ” .
(5) In regulation 12 (circumstances in which determination need not be reversed, varied, revised or superseded) for “Section 53(4) of the Act” substitute “ Section 71(5) or (5A) of the Administration Act ” .
(6) In regulation 16(3) (limitations on deductions from prescribed benefits) for “regulation 37(1) of the Claims and Payments Regulations (suspension of payments)” substitute “ regulation 20 of the Social Security and Child Support (Decisions and Appeals) Regulations 1999 (making of payments which have been suspended) ” .
Amendment of the Social Security (Overlapping Benefits) Regulations 1979
11. In regulation 2(1) of the Social Security (Overlapping Benefits) Regulations 1979 (interpretation), in the definition of “training allowance” —
(a) after “Highlands and Islands Enterprise” in the first place where the words occur insert “ , the Learning and Skills Council for England, the National Assembly for Wales ” , and
(b) after “Highlands and Islands Enterprise” in the second place where the words occur insert “ , the National Assembly for Wales ” .
Signed by authority of the Secretary of State for Work and Pensions.
P.Hollis
Parliamentary Under-Secretary of State,
Department for Work and Pensions
10th February 2005
I concur
Signed by authority of the Lord Chancellor
Catherine M. Ashton
Parliamentary Secretary
Department for Constitutional Affairs
15th February 2005
SCHEDULE Enactments conferring powers exercised in making these Regulations
1 1979 c. 17; section 4 was substituted by the Social Security Act 1998 (c. 14), section 46. | |
2 1991 c. 48; section 20 was substituted by the Social Security Act 1998, section 42, and was further substituted by the Child Support, Pensions and Social Security Act 2000 (c. 19), section 10 (for the purposes of certain cases only, see S.I. 2003/192 (C. 11)). | |
3 1992 c. 4; paragraph (1)(e) of section 124 was added by the Jobseekers Act 1995 (c. 18), Schedule 2, paragraph 30; section 137(1) is cited because of the meaning it gives to “prescribed”. | |
4 1992 c. 5; section 6(1) was amended by the Local Government Finance Act 1992 (c. 14), Schedule 9, paragraph 12(1)(a); section 7A was inserted by the Welfare Reform and Pensions Act 1999 (c. 30), section 71; subsection (5A) of section 71 was inserted by the Social Security (Overpayments) Act 1996 (c. 51), section 1(4), and subsections (5) and (5A) of section 71 were amended by the Social Security Act 1998, Schedule 7, paragraph 81; section 73(1) was amended by to the Jobseekers Act 1995, Schedule 2, paragraph 49(2); section 74(2) was amended by the State Pension Credit Act 2002 (c. 16), Schedule 2, paragraph 11; section 191 is cited because of the meaning it gives to “prescribe”. | |
5 1997 c. 27. | |
6 1998 c. 14; section 14(3) was amended by Social Security Contributions (Transfer of Functions, etc. ) Act 1999 (c. 11), Schedule 7, paragraph 27(b); section 28 was amended by the State Pension Credit Act 2002, Schedule 1, paragraph 10; section 84 is cited because of the meaning it gives to “prescribe”: the powers in sections 12(2), 14(11), 16(1) and 28(1) and Schedule 5, paragraphs 1, 3, 4 and 6, which are exercised in these Regulations in respect of tax credits, are those which have been applied and modified by S.I. 2002/2926 under powers in the Tax Credits Act 2002 (c. 21), section 63(8). | |
7 2000 c. 19; paragraph 23(1) of Schedule 7 is cited because of the meaning it gives to “prescribed”. | |
| Vaccine Damage Payments Act 1979 1 | Section 4(2) and (3) |
| Child Support Act 1991 2 | Section 20(4), (5) and (6) |
| Social Security Contributions and Benefits Act 1992 3 | Sections124(1)(e), 137(1) and 175(1) and (3) |
| Social Security Administration Act 1992 4 | Sections 5(1)(a) to (c), (g), (i), (m), (p) and (r), 6(1)(g), 7A(2), 71(5), (5A) and (8), 73(1)(a), 74(2), 189(1), (4) to (6) and 191 |
| Social Security (Recovery of Benefits) Act 1997 5 | Section11(5)(a) and (b) |
| Social Security Act 1998 6 | Sections 6(3), 9(1) and (6), 10(3) and (6), 12(2), (6) and (7), 14(3)(b) and (11), 16(1), 17(2), 28(1), 79(1) and (4) to (7) and 84; and Schedule 5, paragraphs 1, 3, 4 and 6 |
| Child Support, Pensions and Social Security Act 2000 7 | Section 68 and Schedule 7, paragraphs 3(1), 6(8), 10(1), 20(1) and (3) and 23(1) |