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Statutory Instruments

2007 No. 1619

SOCIAL SECURITY

The Housing Benefit and Council Tax Benefit (War Pension Disregards) Regulations 2007

Made

5th June 2007

Laid before Parliament

12th June 2007

Coming into force

3rd July 2007

The Secretary of State for Work and Pensions makes the following Regulations in exercise of the powers conferred upon him by sections 134(8)(a) and 139(6)(a) of the Social Security Administration Act 1992 .

In accordance with section 176(1) of the Social Security Administration Act 1992, the Secretary of State has consulted with organisations appearing to him to be representative of the authorities concerned.

This instrument contains only regulations made by virtue of, or consequential upon, paragraphs 3 and 4 of Schedule 5 to the Welfare Reform Act 2007 and is made before the end of the period of 6 months beginning with the coming into force date of those paragraphs .

Citation and commencement

1. These Regulations may be cited as The Housing Benefit and Council Tax Benefit (War Pension Disregards) Regulations 2007 and shall come into force on 3rd July 2007.

War disablement pensions

2. The war disablement pensions that are prescribed for the purpose of sections 134(8)(a) and 139(6)(a) of the Social Security Administration Act 1992, are specified in Part 1 of the Schedule.

War widow's pensions

3. The war widow's pensions that are prescribed for the purpose of sections 134(8)(a) and 139(6)(a) of the Social Security Administration Act, are specified in Part 2 of the Schedule.

Amendment of the Housing Benefit Regulations 2006

4.The Housing Benefit Regulations 2006 shall be amended as follows—

(a) in regulation 2(1) (interpretation), omit the definition of “war widower's pension”; and

(b) in regulation 40 (calculation of income other than earnings), omit paragraphs (3), (4) and (4A).

Amendment of the Council Tax Benefit Regulations 2006

5.The Council Tax Benefit Regulations 2006 shall be amended as follows—

(a) in regulation 2(1) (interpretation), omit the definition of “war widower's pension”; and

(b) in regulation 30 (calculation of income other than earnings), omit paragraphs (3), (4) and (4A).

Amendment of the Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 2006

6.The Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 2006 shall be amended as follows—

(a) in regulation 2(1) (interpretation), omit the definition of “war widower's pension”; and

(b) in regulation 33 (calculation of income other than earnings), omit paragraphs (10), (13) and (14).

Amendment of the Council Tax Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 2006

7.The Council Tax Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 2006 shall be amended as follows—

(a) in regulation 2(1) (interpretation), omit the definition of “war widower's pension”; and

(b) in regulation 23 (calculation of income other than earnings), omit paragraphs (10), (13) and (14).

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

James Plaskitt

Parliamentary Under-Secretary of State,

Department for Work and Pensions

5th June 2007

THE SCHEDULE War disablement and war widow’s ... pensions

PART 1 War disablement pensions

1. A war disablement pension is—

(a) any retired pay or pension or allowance payable in respect of disablement under an instrument specified in section 639(2) of the Income Tax (Earnings and Pensions) Act 2003; or

(b) a payment made under article 14(1)(b) of the Armed Forces and Reserve Forces (Compensation Scheme) Order 2005.

PART 2 War widow’s ... pensions

2. A war widow’s pension is—

(a) any pension or allowance payable to a woman as a widow under an instrument specified in section 639(2) of the Income Tax (Earnings and Pensions) Act 2003 in respect of the death or disablement of any person; or

(b) a payment made under article 21(1)(a) of the Armed Forces and Reserve Forces (Compensation Scheme) Order 2005.

3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Status: There are outstanding changes not yet made by the editorial team to The Housing Benefit and Council Tax Benefit (War Pension Disregards) Regulations 2007. Any changes that have already been made by the team appear in the content and are referenced with annotations.
The Housing Benefit and Council Tax Benefit (War Pension Disregards) Regulations 2007 (2007/1619)

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Status of this instrument

footnotecommentarytransitional and savingsin force statusrelated provisionsgeo extentinsert/omitsource countin force adj
F1Sch. substituted (5.1.2009) by Social Security (Miscellaneous Amendments) (No.7) Regulations 2008 (S.I. 2008/3157) , regs. 1(1) , 10substituted
F2Words in Sch. omitted (26.10.2009) by virtue of Social Security (Miscellaneous Amendments) (No.4) Regulations 2009 (S.I. 2009/2655) , regs. 1(1) , 10(2)omitted
F3Words in Sch. Pt. 2 omitted (26.10.2009) by virtue of Social Security (Miscellaneous Amendments) (No.4) Regulations 2009 (S.I. 2009/2655) , regs. 1(1) , 10(2)omitted
F4Paragraph 3 Sch. Pt. 2 omitted (26.10.2009) by virtue of Social Security (Miscellaneous Amendments) (No.4) Regulations 2009 (S.I. 2009/2655) , regs. 1(1) , 10(3)omitted
M11992 c.5 ; sections 134(8)(a) and 139(6)(a) were amended by the Welfare Reform Act 2007 (c.5) , Schedule 5 , paragraphs 3 and 4.
M2See section 173(5) of the Social Security Administration Act 1992. The requirement to refer Regulations to the Social Security Advisory Committee does not apply where Regulations are contained in a statutory instrument made before the end of the period of six months beginning with the coming into force of the enactment under which the regulations were made or consequential upon a specified enactment and made before the end of the period of 6 months beginning with the coming into force of that enactment.
M3S.I. 2006/213 ; Regulation 40(4A) was inserted by S.I. 2006/2813 .
M4S.I. 2006/215 ; Regulation 30(4A) was inserted by S.I. 2006/2813 .
M5S.I. 2006/214 ; Regulation 33(14) was inserted by S.I. 2006/2813 .
M6S.I. 2006/216 ; Regulation 23(14) was inserted by S.I. 2006/2813 .
Defined TermSection/ArticleIDScope of Application
Changes that affect Made by
Sort descending by Changed Legislation Sort descending by Year and Number Changed Provision Type of effect Sort descending by Affecting Legislation Title Sort descending by Year and Number Affecting Provision Sort descending by Changes made to website text Note
The Housing Benefit and Council Tax Benefit (War Pension Disregards) Regulations 2007 2007 No. 1619 Sch. Pt. 1 para. 1(b)(iia) inserted The Housing Benefit and Council Tax Benefit (Miscellaneous Amendments) Regulations 2010 2010 No. 2449 reg. 8(2) Not yet
The Housing Benefit and Council Tax Benefit (War Pension Disregards) Regulations 2007 2007 No. 1619 Sch. Pt. 2 para. 2(b)(iia) inserted The Housing Benefit and Council Tax Benefit (Miscellaneous Amendments) Regulations 2010 2010 No. 2449 reg. 8(3) Not yet
The Housing Benefit and Council Tax Benefit (War Pension Disregards) Regulations 2007 2007 No. 1619 schedule subst (26.1.2010) The Housing Benefit and Council Tax Benefit (War Pension Disregards) (Amendment) Regulations 2009 2009 No. 3389 reg 2 Not yet

Status of changes to instrument text

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.