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
M1 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.
M2 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
M3 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
M4 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
M5 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
M6 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
[F1 THE SCHEDULE War disablement and war widow’s F2 ... 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 F3 ... 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.
F4 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F1]