SOCIAL SECURITY Citation and commencement 1 1 These Regulations may be cited as the Social Security (Miscellaneous Amendments) Regulations 2006. 2 Subject to the provisions of this regulation, these Regulations shall come into force on 6th April 2006. 3 Regulations 1, 5 and 12 shall come into force on 31st March 2006. 4 Regulations 3(2), 8(2)(d) and (4), 9(4) and 11(4) shall come into force on 1st April 2006. 5 Regulation 2(4)(a), (b), (c), (e) and (f) shall come into force on 3rd April 2006. 6 Regulation 7 shall come into force on 9th April 2006. 7 Regulations 2(4)(d) and 6 shall come into force on 10th April 2006. 8 Regulation 4(3) and (4) shall come into force on 10th April 2006 immediately after the coming into force of regulation 8(5) of the Social Security (Hospital In-Patients) Regulations 2005 . 9 Regulations 2(2)(a) and (b) and (3)(a), 3(3)(a) and (b) and (4)(a), 8(2)(a) and (3)(a) and 9(2)(a) and (3)(a) shall come into force on 6th April 2006 immediately after the provisions referred to in regulation 1(5) of the Social Security (Miscellaneous Amendments) ( No. 2) Regulations 2005 . Amendment of the Income Support (General) Regulations 1987 2 1 The Income Support (General) Regulations 1987 are amended as follows. 2 In regulation 42 (notional income)— a in paragraph (2)(g) , for “or retirement annuity contract” substitute “, retirement annuity contract or a payment made by the Board of the Pension Protection Fund”; b in paragraph (2ZA)(a) for “personal pension scheme or retirement annuity contract” substitute “ a personal pension scheme, a retirement annuity contract or the Board of the Pension Protection Fund”; c in paragraph (4)(a)(ia) for “or is a pension or other periodical payment made under a personal pension scheme” substitute “, a pension or other periodical payment made under a personal pension scheme or a payment made by the Board of the Pension Protection Fund”; d in paragraph (4ZA)(d) for “or in respect of a pension or other periodical payment made under a personal pension scheme” substitute “, in respect of a pension or other periodical payment made under a personal pension scheme or a payment made by the Board of the Pension Protection Fund”. 3 In regulation 51(notional capital)— a in paragraph (2)(da) after “scheme” insert “or a payment made by the Board of the Pension Protection Fund”; b in paragraph (3)(a)(ia) for “or is a pension or other periodical payment made under a personal pension scheme” substitute “, a pension or other periodical payment made under a personal pension scheme or a payment made by the Board of the Pension Protection Fund”; c in paragraph (3A)(c) for “or in respect of a pension or other periodical payment made under a personal pension scheme” substitute “, in respect of a pension or other periodical payment made under a personal pension scheme or a payment made by the Board of the Pension Protection Fund”. 4 The following provisions are revoked— a regulation 17(1)(g) (applicable amounts) ; b regulation 18(1)(h) (polygamous marriages) ; c regulation 71(1)(a)(v) and (d)(iv) (applicable amounts in urgent cases) ; d paragraph 16A of Schedule 1B (prescribed categories of person) ; e Schedule 3A (protected sum) ; f Schedule 3B (protected sum) . Amendment of the Jobseeker’s Allowance Regulations 1996 3 1 The Jobseeker’s Allowance Regulations 1996 are amended as follows. 2 In regulation 78(3)(a) (circumstances in which a person is to be treated as being or not being a member of the household) for “section 90(1) of the Mental Health (Scotland) Act 1984 (provision of hospitals for patients requiring special security)” substitute “section 102 of the National Health Service (Scotland) Act 1978 (state hospitals)”. 3 In regulation 105 (notional income)— a in paragraph (2)(g) for “or occupational pension scheme” substitute “, occupational pension scheme or a payment made by the Board of the Pension Protection Fund”; b in paragraph (2B)(a) for “or personal pension scheme” substitute “ a personal pension scheme or the Board of the Pension Protection Fund”; c in paragraph (10)(a)(ia) for “or is a pension or other periodical payment made under a personal pension scheme” substitute “, a pension or other periodical payment made under a personal pension scheme or a payment made by the Board of the Pension Protection Fund”; d in paragraph (10A)(d) for “or in respect of a pension or other periodical payment made under a personal pension scheme” substitute “, in respect of a pension or other periodical payment made under a personal pension scheme or a payment made by the Board of the Pension Protection Fund”. 4 In regulation 113 (notional capital)— a in paragraph (2)(da) after “scheme” insert “or a payment made by the Board of the Pension Protection Fund”; b in paragraph (3)(a)(ia) for “or is a pension or other periodical payment made under a personal pension scheme” substitute “, a pension or other periodical payment made under a personal pension scheme or a payment made by the Board of the Pension Protection Fund”; c in paragraph (3A)(c) for “or in respect of a pension or other periodical payment made under a personal pension scheme” substitute “, in respect of a pension or other periodical payment made under a personal pension scheme or a payment made by the Board of the Pension Protection Fund”. Amendment of the State Pension Credit Regulations 2002 4 1 The State Pension Credit Regulations 2002 are amended as follows. 2 At the end of regulation 15(5) (income for the purposes of the Act), add— k PPF periodic payments . . 3 In Schedule 1, Part 3 (amount applicable for former claimants of income support or income-related jobseeker’s allowance) for paragraph 6(9)(b) substitute— b any amount by which the appropriate minimum guarantee of a patient is increased on 10th April 2006 by virtue of the substitution of paragraph 2 of Schedule 3. . 4 In paragraph 2 of Schedule 3 (further provisions in the case of patients), in sub-paragraph (2)(a), after “in paragraph (a)” add “, and nil is the prescribed additional amount for the purposes of paragraph (b)”. Amendment of the Housing Benefit and Council Tax Benefit (Miscellaneous Amendments) (No.3) Regulations 2005 5 Regulation 3(12) of the Housing Benefit and Council Tax Benefit (Miscellaneous Amendments) (No.3) Regulations 2005 is revoked. Amendment of the Social Fund Maternity and Funeral Expenses (General) Regulations 2005 6 For sub-paragraph (b) of regulation 8(2) of the Social Fund Maternity and Funeral Expenses (General) Regulations 2005 (funeral payments: supplementary) substitute— b a qualifying young person within the meaning of section 142 of the Act (child and qualifying young person) ; . Amendment of the Social Security (Hospital In-Patients) Regulations 2005 7 In regulation 2(3)(b) of the Social Security (Hospital In-Patients) Regulations 2005 (hospital in-patients entitled to an increase in benefit for a dependant) for “or the beneficiary” substitute “of the beneficiary”. Amendment of the Housing Benefit Regulations 2006 8 1 The Housing Benefit Regulations 2006 are amended as follows. 2 In regulation 42 (notional income)— a in paragraph (2)(c) for “or retirement annuity contract” substitute “, retirement annuity contract or a payment made by the Board of the Pension Protection Fund”; b in paragraph (6)(a) for “or is a pension or other periodical payment made under a personal pension scheme” substitute “, a pension or other periodical payment made under a personal pension scheme or a payment made by the Board of the Pension Protection Fund”; c in paragraph (7)(d) for “or in respect of a pension or other periodical payment made under a personal pension scheme” substitute “, in respect of a pension or other periodical payment made under a personal pension scheme or a payment made by the Board of the Pension Protection Fund”; d in paragraph (8)(a) after “regulation 80(2)(b)” insert “or (c)”. 3 In regulation 49 (notional capital)— a in paragraph (2)(d) for “or retirement annuity contract” substitute “, retirement annuity contract or a payment made by the Board of the Pension Protection Fund”; b in paragraph (3)(a) for “or is a pension or other periodical payment made under a personal pension scheme” substitute “, a pension or other periodical payment made under a personal pension scheme or a payment made by the Board of the Pension Protection Fund”; c in paragraph (4)(c) for “or in respect of a pension or other periodical payment made under a personal pension scheme” substitute “, in respect of a pension or other periodical payment made under a personal pension scheme or a payment made by the Board of the Pension Protection Fund”. 4 In regulation 76 (date on which entitlement is to commence)— a in paragraph (1) for the words “paragraph (2)” substitute “paragraphs (2) and (3)”; and b after paragraph (2) insert— 3 A claimant shall become entitled to housing benefit from the benefit week in which the first day in respect of which his claim is made falls, where— a he is otherwise entitled to housing benefit; b paragraph (2) does not apply to him; and c he becomes liable in that benefit week to make payments, which fall due on a daily basis, in respect of a hostel which he occupies as his home. . Amendment of the Council Tax Benefit Regulations 2006 9 1 The Council Tax Benefit Regulations 2006 are amended as follows. 2 In regulation 32 (notional income)— a in paragraph (2)(c) for “or retirement annuity contract” substitute “, retirement annuity contract or a payment made by the Board of the Pension Protection Fund”; b in paragraph (6)(a) for “or is a pension or other periodical payment made under a personal pension scheme” substitute “, a pension or other periodical payment made under a personal pension scheme or a payment made by the Board of the Pension Protection Fund”; c in paragraph (7)(d) for “or in respect of a pension or other periodical payment made under a personal pension scheme” substitute “, in respect of a pension or other periodical payment made under a personal pension scheme or a payment made by the Board of the Pension Protection Fund”. 3 In regulation 39 (notional capital)— a in paragraph (2)(d) for “or retirement annuity contract” substitute “, retirement annuity contract or a payment made by the Board of the Pension Protection Fund”; b in paragraph (3)(a) for “or is a pension or other periodical payment made under a personal pension scheme” substitute “, a pension or other periodical payment made under a personal pension scheme or a payment made by the Board of the Pension Protection Fund”; c in paragraph (4)(c) for “or in respect of a pension or other periodical payment made under a personal pension scheme” substitute “, in respect of a pension or other periodical payment made under a personal pension scheme or a payment made by the Board of the Pension Protection Fund”. 4 In Schedule 2 (amount of alternative maximum council tax benefit)— a in paragraph 1(1) for the words “second adult” to the end of that sub-paragraph substitute— “second adult” means any person or persons residing with the claimant to whom section 131(6) of the Act applies; and “persons to whom regulation 45(2) applies” includes any person to whom that regulation would apply were they, and their partner if they had one, below the qualifying age for state pension credit. . b in paragraph 1(2) for the words “any reductions made under section 13 or 80 (reduced amounts of council tax).” substitute— any reductions made in consequence of any enactment in, or under, the 1992 Act; and in a case to which sub-paragraph (c) in column (1) of the table below applies, the amount of any discount which may be appropriate to the dwelling under the 1992 Act. ; c in the table in paragraph 1, after sub-paragraph (b) insert— (c) Where the dwelling would be wholly occupied by one or more persons to whom regulation 45(2) applies but for the presence of one or more second adults who are in receipt of income support, state pension credit or are persons on an income-based jobseeker’s allowance. (c) 100 per cent. of the council tax due in respect of that day. . Amendment of the Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 2006 10 1 The Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 2006 are amended as follows. 2 In regulation 29(1) (meaning of “income”)— a omit “and” at the end of paragraph (v); b at the end of paragraph (w) insert— x PPF periodic payments within the meaning of section 17(1) of the State Pension Credit Act . . 3 In regulation 42(2) (income paid to third parties) for “or in respect of a pension or other periodical payment made under a personal pension scheme” substitute “, in respect of a pension or other periodical payment made under a personal pension scheme or a payment made by the Board of the Pension Protection Fund”. Amendment of the Council Tax Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 2006 11 1 The Council Tax Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 2006 are amended as follows. 2 In regulation 19(1) (meaning of “income”)— a omit “and” at the end of paragraph (v); b at the end of paragraph (w) insert— x PPF periodic payments within the meaning of section 17(1) of the State Pension Credit Act . . 3 In regulation 32(2)(income paid to third parties) for “or in respect of a pension or other periodical payment made under a personal pension scheme” substitute “, in respect of a pension or other periodical payment made under a personal pension scheme or a payment made by the Board of the Pension Protection Fund”. 4 In Schedule 6 (amount of alternative maximum council tax benefit)— a in paragraph 1(1) for the words “second adult” to the end of that sub-paragraph substitute— “second adult” means any person or persons residing with the claimant to whom section 131(6) of the Act applies; and “persons to whom regulation 45(2) of the Council Tax Benefit Regulations 2006 applies” includes any person to whom that regulation would apply were they, and their partner if they had one, below the qualifying age for state pension credit. . b in paragraph 1(2) for the words “any reductions made under section 13 or 80 (reduced amounts of council tax).” substitute— any reductions made in consequence of any enactment in, or under, the 1992 Act; and in a case to which sub-paragraph (c) in column (1) of the table below applies, the amount of any discount which may be appropriate to the dwelling under the 1992 Act. ; c in the table in paragraph 1, after sub-paragraph (b) insert— (c) Where the dwelling would be wholly occupied by one or more persons to whom regulation 45(2) of the Council Tax Benefit Regulations 2006 applies but for the presence of one or more second adults who are in receipt of income support, state pension credit or are persons on an income-based jobseeker’s allowance. (c) 100 per cent. of the council tax due in respect of that day. . Amendment of the Housing Benefit and Council Tax Benefit (Consequential Provisions) Regulations 2006 12 In paragraph 27 of Schedule 2 to the Housing Benefit and Council Tax Benefit (Consequential Provisions) Regulations 2006 (Amendment of the Housing Benefit and Council Tax Benefit (Miscellaneous Amendments) (No.3) Regulations 2005)— a in sub-paragraph (20) in the substituted paragraph (2B) for “The amendments made by paragraphs (7) and (12) are” substitute “The amendment made by paragraph (7) is”; and b sub-paragraph (28) is revoked. Signed by authority of the Secretary of State for Work and Pensions James Plaskitt Parliamentary Under Secretary of State, Department for Work and Pensions 7th March 2006