Social Security Citation, commencement and interpretation 1 1 These Regulations may be cited as the Social Security (Miscellaneous Amendments) (No.6) Regulations 2008. 2 Subject to paragraph (3), these Regulations shall come into force on 17th November 2008. 3 Regulations 7(7) and 8(7) shall come into force on 6th April 2009. Amendment of the Income Support (General) Regulations 1987 2 1 The Income Support (General) Regulations 1987 are amended as follows. 2 In regulation 2(1) (interpretation)— a omit the following definitions— i “community charge benefit” ; ii “the Independent Living (Extension) Fund” ; iii “the Independent Living Fund” ; iv “the Independent Living (1993) Fund” ; v “the Independent Living Funds” ; b at the appropriate places insert the following definitions— “ Health Service Act ” means the National Health Service Act 2006 ; “ Health Service (Wales) Act ” means the National Health Service (Wales) Act 2006 ; ; c in the definition of “non-dependant deduction” for “11” substitute “18”; d in the definition of “youth training scheme or youth training” omit “youth training scheme or”. 3 In regulation 4 (temporary absence from Great Britain), for sub-paragraph (3A)(b) substitute— b that period of temporary absence is for the purpose of the claimant receiving treatment at a hospital or other institution outside Great Britain where the treatment is being provided— i under section 6(2) of the Health Service Act (performance of functions outside England) or section 6(2) of the Health Service (Wales) Act (performance of functions outside Wales); ii pursuant to arrangements made under section 12(1) of the Health Service Act (Secretary of State’s arrangements with other bodies), section 10(1) of the Health Service (Wales) Act (Welsh Minister’s arrangements with other bodies), paragraph 18 of Schedule 4 to the Health Service Act (joint exercise of functions) or paragraph 18 of Schedule 3 to the Health Service (Wales) Act (joint exercise of functions); or iii under any equivalent provision in Scotland or pursuant to arrangements made under such provision. . 4 In regulation 31 (date on which income is treated as paid)— a in paragraph (1) for “(2) or (3) applies” substitute “(2) to (4) apply”; b in paragraph (3)— i for “Working tax credit or child tax credit” substitute “Subject to paragraph (4), working tax credit”; ii omit sub-paragraph (c) and the preceding “or”; c after paragraph (3) add— 4 Where working tax credit is paid by virtue of regulation 7D (ceasing to undertake work or working less than 16 hours a week) of the Working Tax Credit (Entitlement and Maximum Rate) Regulations 2002 , it shall be treated as paid on the first day of the benefit week in which that award of tax credit begins; but this paragraph shall only apply until the last day of the last benefit week that coincides with or precedes the last day for which tax credit is awarded under that regulation. . 5 In regulation 32(1) (calculation of weekly amount of income)— a after “other than earnings)” insert “ and regulation 31(3) (date on which income is treated as paid)” and after “a payment” insert “of income or tax credit”; b for sub-paragraph (b)(iii) substitute— iii in a case where that period is a year and the payment is an award of working tax credit, by dividing the payment by the number of days in the year and multiplying the result by 7; iiia in a case where that period is a year and the payment is income other than an award of working tax credit, by dividing the amount of the payment by 52; . 6 In— a regulation 42(4ZA)(a) (notional income), b regulation 48(10)(c) (income treated as capital), c regulation 51(3A)(a) (notional capital), d regulation 72(1)(a)(i) (assessment of income and capital in urgent cases), e paragraph 18(8)(b) of Schedule 3 (housing costs), f paragraphs 21(2) and 39(1) of Schedule 9 (sums to be disregarded in the calculation of income other than earnings), g paragraph 22(1) of Schedule 10 (capital to be disregarded), for “Funds” substitute “Fund (2006)”. 7 In regulation 42(4A) (notional income) after “partner in that home” insert “or hospital”. 8 In regulation 51A (diminishing notional capital rule) omit sub-paragraph (3)(c). 9 In regulation 61(1) (interpretation)— a in the definition of “contribution” for “Further and Higher Education (Scotland) Act 1992” substitute “Education (Scotland) Act 1980” ; b for the definition of “sandwich course” substitute— “sandwich course” has the meaning prescribed in regulation 2(9) of the Education (Student Support) Regulations 2008 , regulation 4(2) of the Education (Student Loans) (Scotland) Regulations 2007 , regulation 2(8) of the Education (Student Support) Regulations (Northern Ireland) 2007 ; ; c in paragraph (c) of the definition of “standard maintenance grant” omit “and paid under the Further and Higher Education (Scotland) Act 1992”. 10 In regulation 66A (treatment of student loans)— a in paragraph (1) omit “unless it is a hardship loan in which case it shall be disregarded”; b omit paragraph (1A). 11 In Schedule 3 (housing costs)— a in paragraph 3(11)(c)(i)(bb) (circumstances in which a person is to be treated as occupying a dwelling as his home) for “section 9 of Criminal Justice and Court Services Act 2000” substitute “section 13 of the Offender Management Act 2007 ”; b in paragraphs 4(10)(b) (housing costs not met) for “children” substitute “persons” and for “who belong to the same family as the claimant” substitute “but under the age of 20 who live with the claimant and for whom the claimant or the claimant’s partner is responsible”; c in paragraph 14(3) (linking rule) after “that section” insert “or under the Enterprise and New Towns (Scotland) Act 1990 ”; d in paragraph 16(2)(l) (loans for repairs and improvements to the dwelling occupied as the home) for “children” substitute “persons” and for “who are part of the same family as the claimant” substitute “but under the age of 20 who live with the claimant and for whom the claimant or the claimant’s partner is responsible”; e in paragraph 18(7)(b) (non-dependant deductions) for “a Youth Training Scheme” substitute “youth training”. 12 In Schedule 9 (sums to be disregarded in the calculation of income other than earnings) omit paragraph 45 . 13 In paragraph 29 of Schedule 10 (capital to be disregarded) omit “, the Independent Living (1993) Fund”. Amendment of the Social Security (Claims and Payments) Regulations 1987 3 1 The Social Security (Claims and Payments) Regulations 1987 are amended as follows. 2 In Schedule 9 (deductions from benefit and direct payment to third parties)— a in sub-paragraph 1(1) (interpretation)— i in the definition of “hostel” for sub-paragraph (b)(ii) substitute— ii managed or owned by a registered social landlord which is registered in accordance with Part 3 of the Housing (Scotland) Act 2001; ; ii in the definition of “housing authority” omit “Scottish Homes”; b in paragraph 9(1B)(a) (priority as between certain debts) after “paragraph 3 (housing costs)” add “, paragraph 4 (miscellaneous accommodation costs) or paragraph 4A (hostel payments)”. Amendment of the Jobseeker’s Allowance Regulations 1996 4 1 The Jobseeker’s Allowance Regulations 1996 are amended as follows. 2 In regulation 1(3) (citation, commencement and interpretation)— a at the appropriate places insert the following definitions— “Health Service Act” means the National Health Service Act 2006; “Health Service (Wales) Act” means the National Health Service (Wales) Act 2006; ; b omit the following definitions— i “the Independent Living (Extension) Fund”; ii “the Independent Living Fund”; iii “the Independent Living (1993) Fund”; iv “the Independent Living Funds” ; c for the definition of “sandwich course” substitute— “sandwich course” has the meaning prescribed in regulation 2(9) of the Education (Student Support) Regulations 2008, regulation 4(2) of the Education (Student Loans) (Scotland) Regulations 2007, regulation 2(8) of the Education (Student Support) Regulations (Northern Ireland) 2007; . 3 In regulation 50 (persons temporarily absent from Great Britain) for paragraphs (6AA)(b) and (6C)(b) substitute— b that period of temporary absence is for the purpose of the claimant receiving treatment at a hospital or other institution outside Great Britain where the treatment is being provided— i under section 6(2) of the Health Service Act (performance of functions outside England) or section 6(2) of the Health Service (Wales) Act (performance of functions outside Wales); ii pursuant to arrangements made under section 12(1) of the Health Service Act (Secretary of State’s arrangements with other bodies), section 10(1) of the Health Service (Wales) Act (Welsh Minister’s arrangements with other bodies), paragraph 18 of Schedule 4 to the Health Service Act (joint exercise of functions) or paragraph 18 of Schedule 3 to the Health Service (Wales) Act (joint exercise of functions); or iii under any equivalent provision in Scotland or pursuant to arrangements made under such provision. . 4 In regulation 96 (date on which income is treated as paid)— a in paragraph (1) for “(2) or (3) applies” substitute “(2) to (4) apply”; b in paragraph (3)— i for “Working tax credit or child tax credit” substitute “Subject to paragraph (4), working tax credit”; ii omit sub-paragraph (c) and the preceding “or”; c after paragraph (3) add— 4 Where working tax credit is paid by virtue of regulation 7D (ceasing to undertake work or working less than 16 hours a week) of the Working Tax Credit (Entitlement and Maximum Rate) Regulations 2002 , it shall be treated as paid on the first day of the benefit week in which that award of tax credit begins; but this paragraph shall only apply until the last day of the last benefit week that coincides with or precedes the last day for which tax credit is awarded under that regulation. . 5 In regulation 97(1) (calculation of weekly amount of income)— a after “other than earnings)” insert “ and regulation 96(3) (date on which income is treated as paid)”, and after “a payment” insert “of income or tax credit”; b for sub-paragraph (b)(iii) substitute— iii in a case where that period is a year and the payment is an award of working tax credit, by dividing the payment by the number of days in the year and multiplying the result by 7; iiia in a case where that period is a year and the payment is income other than an award of working tax credit, by dividing the amount of the payment by 52; . 6 In regulation 105 (notional income)— a in sub-paragraph (10A)(a) for “Funds” substitute “Fund (2006)”; b in paragraph (11) after “partner in that home” insert “or hospital”. 7 In— a regulation 110(10)(c) (income treated as capital), b regulation 113(3A)(a) (notional capital), c regulation 149(1)(a)(i) (assessment of income and capital in urgent cases), d paragraph 17(8)(b) of Schedule 2 (housing costs), e paragraphs 22(2) and 41(1) of Schedule 7 (sums to be disregarded in the calculation of income other than earnings), f paragraph 27(1) and paragraph 31 of Schedule 8 (capital to be disregarded), for “Funds” substitute “Fund (2006)”. 8 In regulation 130 (interpretation) in paragraph (c) of the definition of “standard maintenance grant” omit “and paid under the Further and Higher Education (Scotland) Act 1992”. 9 In regulation 136 (treatment of student loans)— a in paragraph (1) omit “unless it is a hardship loan in which case it shall be disregarded”; b omit paragraph (1A). 10 In Schedule 2 (housing costs)— a in paragraph 3(11)(c)(i)(bb) (circumstances in which a person is to be treated as occupying a dwelling as his home) for “section 9 of Criminal Justice and Court Services Act 2000” substitute “section 13 of the Offender Management Act 2007”; b in paragraphs 4(10)(b) (housing costs not met) for “children” substitute “persons” and for “who belong to the same family as a claimant” substitute “but under the age of 20 who live with the claimant and for whom the claimant or the claimant’s partner is responsible”; c in paragraph 13(3) (linking rule) after “that section” insert “or under the Enterprise and New Towns (Scotland) Act 1990”; d in paragraph 15(2)(l) (loans for repairs and improvements to the dwelling occupied as the home) for “children” substitute “persons” and for “who are part of the same family as the claimant” substitute “but under the age of 20 who live with the claimant and for whom the claimant or the claimant’s partner is responsible”; e in paragraph 17(7)(b) (non-dependant deductions) for “a Youth Training Scheme” substitute “youth training”. 11 In Schedule 7 (sums to be disregarded in the calculation of income other than earnings) omit paragraph 44. Amendment of the State Pension Credit Regulations 5 1 The State Pension Credit Regulations 2002 are amended as follows. 2 In regulation 1(2) (citation, commencement and interpretation) a omit the following definitions— i “the Independent Living Fund”; ii “the Independent Living Funds”; iii “the Independent Living (Extension) Fund”; iv “the Independent Living (1993) Fund”; b at the appropriate places insert the following definitions— “the Health Service Act” means “the National Health Service Act 2006”; “the Health Service (Wales) Act” means “the National Health Service (Wales) Act 2006”; . 3 In regulation 4 (persons receiving treatment outside Great Britain) for paragraph (1) substitute— 1 For the purposes of the Act, a person who is receiving treatment at a hospital or other institution outside Great Britain shall be treated as being in Great Britain if the treatment is being provided— a under section 6(2) of the Health Service Act (performance of functions outside England) or section 6(2) of the Health Service (Wales) Act (performance of functions outside Wales); b pursuant to arrangements made under section 12(1) of the Health Service Act (Secretary of State’s arrangements with other bodies), section 10(1) of the Health Service (Wales) Act (Welsh Ministers’ arrangements with other bodies), paragraph 18 of Schedule 4 to the Health Service Act (joint exercise of functions) or paragraph 18 of Schedule 3 to the Health Service (Wales) Act (joint exercise of functions); c under equivalent provision in Scotland or pursuant to arrangements made under such provision. . 4 In Schedule 2 (housing costs)— a in paragraph 4(11)(c)(i)(bb) (circumstances in which a person is to be treated as occupying a dwelling as his home) for the words “section 9 of the Criminal Justice and Court Services Act 2000” substitute “section 13 of the Offender Management Act 2007”; b for paragraph 10(6) (excessive housing costs) substitute— 6 Where sub-paragraph (4) does not apply and the claimant or the claimant’s partner was able to meet the financial commitments for the dwelling occupied as the home when these were entered into, no restriction shall be made under this paragraph during the first 26 weeks immediately following the date on which— a the claimant became entitled to state pension credit where the claimant’s housing costs fell within one of the cases in sub-paragraph (1) on that date; or b a decision took effect which was made under section 10 (decisions superseding earlier decisions) of the Social Security Act 1998 on the ground that the claimant’s housing costs fell within one of the cases in sub-paragraph (1), nor during the next 26 weeks if and so long as the claimant uses his best endeavours to obtain cheaper accommodation. ; c in paragraph 14(7)(b) (persons residing with the claimant) for the words “a Youth Training Scheme established” substitute “youth training”; d in paragraph 14(8)(b) for the word “Funds” substitute “Fund (2006)”. 5 In paragraph 15(1) of Schedule 5 (income from capital) for the words “Independent Living Funds” substitute “Independent Living Fund (2006)”. Amendment of the Housing Benefit Regulations 2006 6 1 The Housing Benefit Regulations 2006 are amended as follows. 2 In regulation 2(1) (interpretation), omit the following definitions— a “community charge benefit”; b “the Independent Living Fund”; c “the Independent Living Funds” ; d “the Independent Living (Extension) Fund”; e “the Independent Living (1993) Fund”. 3 In regulation 7 (circumstances in which a person is or is not to be treated as occupying a dwelling as his home)— a in paragraph (5), for “section 9(1) of the Criminal Justice and Court Services Act 2000” substitute “section 13 of the Offender Management Act 2007”; b in paragraph (16)(c)(i)(bb), for “section 9 of the Criminal Justice and Court Services Act 2000” substitute “section 13 of the Offender Management Act 2007”. 4 In— a regulation 42(7)(a) (notional income), b regulation 46(6) (income treated as capital), c regulation 49(4)(a) (notional capital), d regulation 74(9)(b) (non-dependent deductions), e regulation 86(4)(b) and (c) (evidence and information), f paragraph 35(1) of Schedule 5 (sums to be disregarded in the calculation of income other than earnings), g paragraph 24(1) of Schedule 6 (capital to be disregarded) where it first occurs, for “Funds” substitute “Fund (2006)”. 5 In regulation 53(1) (interpretation)— a in the definition of “contribution” for “Further and Higher Education (Scotland) Act 1992” substitute “Education (Scotland) Act 1980”; b in the definition of “standard maintenance grant” omit “and paid under the Further and Higher Education (Scotland) Act 1992”. 6 In regulation 74(7)(b) (non-dependant deductions) for “a Youth Training Scheme” substitute “youth training”. 7 In paragraph 9 of Schedule 2 (excluded tenancies) for “section 9(1) of the Criminal Justice and Court Services Act 2000” substitute “section 13 of the Offender Management Act 2007”. 8 In paragraph 15(2)(b) of Schedule 3 (applicable amounts) for “regulation 24(2)” substitute “regulation 28(11)(e)”. 9 In Schedule 5 (sums to be disregarded in the calculation of income other than earnings)— a in paragraph 28, for “23C or 24” substitute “23B, 23C or 24A”; b omit paragraph 40. 10 In Schedule 6 (capital to be disregarded)— a in paragraph 19, after “section 17,” insert “ 23B, ” and for “28” substitute “29”; b in paragraph 34 omit “, the Independent Living (1993) Fund”; c omit paragraph 36. 11 In paragraphs (4)(d), (6) and (7) of this regulation the references to regulation 74 and Schedule 2 mean regulation 74 of and Schedule 2 to the Housing Benefit Regulations 2006— a as substituted by regulations 14 and 18 of the Housing Benefit (Local Housing Allowance and Information Sharing) Amendment Regulations 2007 ; and b as in force for cases to which regulation 14 and 18 of those Regulations do not have effect (non-local housing allowance cases). Amendment of the Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 2006 7 1 The Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 2006 are amended as follows. 2 In regulation 2(1) (interpretation), omit the definition of— a “the Independent Living Fund”; b “the Independent Living Funds” . c “the Independent Living (Extension) Fund”; d “the Independent Living (1993) Fund”; 3 In regulation 7 (circumstances in which a person is or is not to be treated as occupying the dwelling as his home)— a in paragraph (5) for “section 9(1) of the Criminal Justice and Court Services Act 2000” substitute “section 13 of the Offender Management Act 2007”; b in paragraph (16)(c)(i)(bb) for “section 9 of the Criminal Justice and Court Services Act 2000” substitute “section 13 of the Offender Management Act 2007”. 4 In regulation 55 (non-dependant deductions) — a in sub-paragraph (7)(b) for “a Youth Training Scheme” substitute “youth training”; b in sub-paragraph (10)(b) for “Funds” substitute “Fund (2006)”. 5 In— a regulation 67(4)(b) and (c) (evidence and information), b paragraph 16(1)(b) of Schedule 6 (capital to be disregarded), for “Funds” substitute “Fund (2006)”. 6 In paragraph 9 of Schedule 2 (excluded tenancies) for “section 9(1) of the Criminal Justice and Court Services Act 2000” substitute “section 13 of the Offender Management Act 2007”. 7 In paragraph 14(a)(ii) of Schedule 8 (matters to be included in decision notice) for “income support or an income-based jobseeker’s allowance” substitute “state pension credit”. 8 In paragraphs (4) and (6) of this regulation the references to regulation 55 and Schedule 2 mean regulation 55 of and Schedule 2 to the Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 2006— a as substituted by regulations 14 and 18 of the Housing Benefit (State Pension Credit) (Local Housing Allowance and Information Sharing) Amendment Regulations 2007; and b as in force for cases to which regulation 14 and 18 of those Regulations do not have effect (non-local housing allowance cases). Amendment of the Council Tax Benefit Regulations 2006 8 1 The Council Tax Benefit Regulations 2006 are amended as follows. 2 In regulation 2(1), omit the following definitions— a “community charge benefit”; b “the Independent Living Fund”; c “the Independent Living Funds” ; d “the Independent Living (Extension) Fund”; e “the Independent Living (1993) Fund”. 3 In regulation 8(4)(a)(ii) (prescribed persons for the purposes of 131(3)(b) of the Act) for “section 9 of the Criminal Justice and Court Services Act 2000” substitute “section 13 of the Offender Management Act 2007”. 4 In— a regulation 32(7)(a) (notional income), b regulation 36(6) (income treated as capital), c regulation 39(4)(a) (notional capital), d regulation 58(9)(b) (non-dependant deductions), e regulation 72(4)(b) and (c) (evidence and information), f paragraph 2(b) of Schedule 2 (amount of alternative maximum council tax benefit), g paragraph 36(1) of Schedule 4 (sums to be disregarded in the calculation of income other than earnings), h paragraph 24(1) of Schedule 5 (capital to be disregarded) where it first occurs, for “Funds” substitute “Fund (2006)”. 5 In regulation 43(1) (interpretation)— a in the definition of “contribution” for “Further and Higher Education (Scotland) Act 1992” substitute “Education (Scotland) Act 1980”; b in paragraph (c) of the definition of “standard maintenance grant” omit “and paid under the Further and Higher Education (Scotland) Act 1992”. 6 In regulation 58(7)(b) (non-dependant deductions) for “a Youth Training Scheme” substitute “youth training”. 7 In regulation 74(5) (duty to notify changes of circumstances) after “in receipt of” insert “state pension credit,”. 8 In paragraph 13(1)(a)(ii) of Schedule 1 (applicable amounts) omit “community charge benefit or, as the case may be,”. 9 In Schedule 4 (sums to be disregarded in the calculation of income other than earnings)— a in paragraph 29, before “23C” insert “23B,”; b omit paragraph 42. 10 In Schedule 5 (capital to be disregarded)— a in paragraph 19 after “section 17,” insert “ 23B, ” and for “28” substitute “29”; b in paragraph 34 omit “, the Independent Living (1993) Fund”; c omit paragraph 36. Amendment of the Council Tax Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 2006 9 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 2(1) (interpretation), omit the following definitions— a “the Independent Living Fund”; b “the Independent Living Funds” ; c “the Independent Living (Extension) Fund”; d “the Independent Living (1993) Fund”. 3 In regulation 8(4)(a)(ii) (prescribed persons for the purposes of 131(3)(b) of the Act) for “section 9 of the Criminal Justice and Court Services Act 2000” substitute “section 13 of the Offender Management Act 2007”. 4 In regulation 42 (non-dependant deductions)— a in paragraph (7)(b) for “a Youth Training Scheme” substitute “youth training”; b in paragraph (9)(b) for “Funds” substitute “Fund (2006)”. 5 In— a regulation 57(4)(b) and (c) (evidence and information), b paragraph 16(1)(b) of Schedule 4 (capital disregards), c paragraph 2(b) of Schedule 6 (amount of alternative maximum council tax), for “Funds” substitute “Fund (2006)”. 6 In regulation 59(5) (duty to notify changes of circumstances), after “in receipt of” insert “state pension credit,”. Signed by authority of the Secretary of State for Work and Pensions, Tony McNulty Minister of State, Department for Work and Pensions. 17th October 2008