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The Social Security, Child Support and Tax Credits (Miscellaneous Amendments) Regulations 2005

Type Statutory-Instrument
Publication 2005-02-15
State In force
Department King's Printer of Acts of Parliament
Source legislation.gov.uk
Reform history JSON API PDF

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

(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.

(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

, 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.

(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);

(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

(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.

(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).

(dd) it reverses a decision under section 29(2) that an accident is not an industrial accident;

(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.

(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

Amendment of the Tax Credits (Appeals) (No. 2) Regulations 2002

4

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

(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.

(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.

(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

(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 .

(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.

(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).

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