Statutory Instruments

2005 No. 3391

SOCIAL SECURITY

The Income-related Benefits (Amendment) (No. 2) Regulations 2005

Made

8th December 2005

Laid before Parliament

9th December 2005

Coming into force

12th December 2005

^M1^,^M2^,^M3^,^M4 The Secretary of State for Work and Pensions makes the following Regulations in exercise of the powers conferred by sections 123(1)(a), (d) and (e), 136(3) and (5)(b), 136A(3), 137(1), 138(1)(a) and (4) 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 , section 29 and paragraph 8 of Schedule 1 to the Social Security (Recovery of Benefits) Act 1997 and sections 15(6)(b) and 17(1) of the State Pension Credit Act 2002 .

^M5 The Social Security Advisory Committee has agreed that proposals in respect of these Regulations should not be referred to it .

^M6 The Secretary of State considers that, because of the urgency of the matter, it is inexpedient 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 :

Citation and commencement

1. These Regulations may be cited as the Income-related Benefits (Amendment) (No. 2) Regulations 2005 and shall come into force on 12th December 2005.

Amendments of the Income Support (General) Regulations 1987

^M7 2. —(1) The Income Support (General) Regulations 1987 are amended as follows.

(2) In regulation 2(1) (interpretation)—

(a) at the appropriate place insert the following definition—

“ “ 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; ” ;

(b) ^M8 in the definition of “qualifying person” for the words “or the Skipton Fund” substitute “ , the Skipton Fund or the London Bombings Relief Charitable Fund ” .

^M9 (3) In regulation 51(3A)(a) (notional capital) for the words “or the Skipton Fund” substitute “ , the Skipton Fund or the London Bombings Relief Charitable Fund ” .

^M10 (4) In paragraph 39(7) of Schedule 9 (sums to be disregarded in the calculation of income other than earnings) for the words “and the Skipton Fund” substitute “ , the Skipton Fund and the London Bombings Relief Charitable Fund ” .

(5) In Schedule 10 (capital to be disregarded)—

(a) ^M11 in paragraph 22 —

(i) in sub-paragraph (1) for the words “or the Skipton Fund” substitute “ , the Skipton Fund or the London Bombings Relief Charitable Fund ” ;

(ii) in sub-paragraph (7) for the words “and the Skipton Fund” substitute “ , the Skipton Fund and the London Bombings Relief Charitable Fund ” ;

(b) ^M12 omit paragraph 22A .

Amendments of the Housing Benefit (General) Regulations 1987

^F1 3. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Amendments of the Council Tax Benefit (General) Regulations 1992

^F1 4. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Amendments of the Jobseeker's Allowance Regulations 1996

^M13 5. —(1) The Jobseeker's Allowance Regulations 1996 are amended as follows.

(2) In regulation 1(3) (citation, commencement and interpretation)—

(a) at the appropriate place insert the following definition—

(b) ^M14 in the definition of “qualifying person” for the words “or the Skipton Fund” substitute “ , the Skipton Fund or the London Bombings Relief Charitable Fund ” .

^M15 (3) In regulation 113(3A)(a) (notional capital) for the words “or the Skipton Fund” substitute “ , the Skipton Fund or the London Bombings Relief Charitable Fund ” .

^M16 (4) At the end of paragraph 41(7) of Schedule 7 (sums to be disregarded in the calculation of income other than earnings) add “ and the London Bombings Relief Charitable Fund ” .

(5) In Schedule 8 (capital to be disregarded)—

(a) ^M17 in paragraph 27(1) after the words “Skipton Fund” insert “ , the London Bombings Relief Charitable Fund ” ;

(b) ^M18 omit paragraph 27A .

Amendments of the Social Security (Recovery of Benefits) Regulations 1997

^M19 6. —(1) The Social Security (Recovery of Benefits) Regulations 1997 are amended as follows.

^M20 (2) In regulation 2(2)(exempted trusts and payments) , after sub-paragraph (j) add—

“ (k) any payment made from the London Bombings Relief Charitable Fund, 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. ” .

Amendments of the State Pension Credit Regulations 2002

^M21 7. —(1) The State Pension Credit Regulations 2002 are amended as follows.

(2) In regulation 1(2) (citation, commencement and interpretation)—

(a) at the appropriate place insert the following definition—

(b) ^M22 in the definition of “qualifying person” for the words “or the Skipton Fund” substitute “ , the Skipton Fund or the London Bombings Relief Charitable Fund ” .

(3) In Schedule 5 (income from capital)—

(a) ^M23 in paragraph 15 —

(i) in sub-paragraph (1) for the words “or the Skipton Fund” substitute “ , the Skipton Fund or the London Bombings Relief Charitable Fund ” ;

(ii) in sub-paragraph (7) for the words “and the Skipton Fund” substitute “ , the Skipton Fund and the London Bombings Relief Charitable Fund ” ;

(b) ^M24 omit paragraph 15A .

Amendments of the Social Fund Maternity and Funeral Expenses (General) Regulations 2005

^M25 8. —(1) The Social Fund Maternity and Funeral Expenses (General) Regulations 2005 are amended as follows.

(2) In regulation 10 (deductions from an award of a funeral payment)—

(a) in paragraph (2)—

(i) in sub-paragraph (f) omit “or”;

(ii) at the end of sub-paragraph (g) insert—

“ or

(h) the London Bombings Relief Charitable Fund, ” ;

(b) in paragraph (3) for the words “and “the Skipton Fund”” substitute “ , “the Skipton Fund” and “the London Bombings Relief Charitable Fund” .

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

Stephen C. Timms

Minister of State,

Department for Work and Pensions

8th December 2005

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	related provisions
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 , 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 , 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 136A was inserted by paragraph 3 of Schedule 2 to the State Pension Credit Act 2002 (c. 16) . Sections 137(1) and 138(4) are interpretation provisions and are cited because of the meaning given to the word “prescribed”. Section 175(1) and (4) were amended by the Social Security Contributions (Transfer of Functions, etc.) Act 1999 (c. 2) , section 2 and 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”. Sections 35(1) and 36(4) were amended by section 2 of, and paragraphs 62 and 63 respectively of Schedule 3 to the Social Security Contributions (Transfer of Functions, etc.) Act 1999.
M3	1997 c. 27 . Section 29 is an interpretation provision and is cited because of the meaning given to the words “prescribed” and “regulations”.
M4	2002 c. 16 . Section 17(1) is an interpretation provision and is cited because of the meaning given to the words “prescribed” and “regulations”.
M5	See sections 172(1) and 173(1)(b) of the Social Security Administration Act (c.5). Paragraph 67 of Schedule 2 to the Jobseekers Act 1995 and paragraph 20 of Schedule 2 to the State Pension Credit Act 2002 respectively added those Acts to the list of “relevant enactments” in respect of which regulations must normally be referred to the Committee.
M6	See section 176(1) and (2)(a) of the Social Security Administration Act 1992 (c. 5) as amended by section 103 of, and paragraph 23 of Schedule 9 to, the Local Government Finance Act 1992.
M7	S.I.1987/1967 .
M8	The definition of “qualifying person” was inserted by S.I. 1992/1101 and amended by S.I. 1993/1249 and 2004/1141.
M9	Paragraph (3A) was inserted by S.I. 1998/2117 ; relevant amending instrument is S.I. 2004/2308 .
M10	Paragraph 39(7) was inserted by S.I. 1992/1101 and amended by S.I. 1993/1249 and 2004/2308.
M11	Paragraph 22 was substituted by S.I. 1991/1175 and paragraph 22(7) was inserted by S.I. 1992/1101 ; relevant amending instruments are S.I. 1993/1249 and 2004/1141.
M12	Paragraph 22A was inserted by S.I. 2005/2183 .
M13	S.I. 1996/207 .
M14	Relevant amending instrument is S.I. 2004/1141 .
M15	Paragraph (3A) was inserted by S.I. 1998/2117 ; relevant amending instrument is S.I. 2004/2308 .
M16	Paragraph 41(7) was inserted by S.I. 2004/2308 .
M17	Paragraph 27(1) was amended by S.I. 2004/1141 .
M18	Paragraph 27A was inserted by S.I. 2005/2183 .
M19	S.I. 1997/2205 .
M20	Relevant amending instrument is S.I. 2004/1141 .
M21	S.I. 2002/1792 .
M22	The definition of “qualifying person” was amended by S.I. 2004/1141 .
M23	Relevant amending instrument is S.I. 2004/1141 .
M24	Paragraph 15A was inserted by S.I. 2005/2183 .
M25	S.I. 2005/3061 .

2005 No. 3391

The Income-related Benefits (Amendment) (No. 2) Regulations 2005

Citation and commencement

Amendments of the Income Support (General) Regulations 1987

Amendments of the Housing Benefit (General) Regulations 1987

Amendments of the Council Tax Benefit (General) Regulations 1992

Amendments of the Jobseeker's Allowance Regulations 1996

Amendments of the Social Security (Recovery of Benefits) Regulations 1997

Amendments of the State Pension Credit Regulations 2002

Amendments of the Social Fund Maternity and Funeral Expenses (General) Regulations 2005

Status of changes to instrument text