The Social Security (Miscellaneous Provisions)Amendment Regulations 1990
© Crown Copyright 1990 Statutory Instruments printed from this website are printed under the superintendence and authority of the Controller of HMSO being the Queen's Printer of Acts of Parliament. The legislation contained on this web site is subject to Crown Copyright protection. It may be reproduced free of charge provided that it is reproduced accurately and that the source and copyright status of the material is made evident to users. It should be noted that the right to reproduce the text of Statutory Instruments does not extend to the Queen's Printer imprints which should be removed from any copies of the Statutory Instrument which are issued or made available to the public. This includes reproduction of the Statutory Instrument on the Internet and on intranet sites. The Royal Arms may be reproduced only where they are an integral part of the original document. The text of this Internet version of the Statutory Instrument which is published by the Queen's Printer of Acts of Parliament has been prepared to reflect the text as it was Made. A print version is also available and is published by The Stationery Office Limited as the The Social Security (Miscellaneous Provisions)Amendment Regulations 1990, ISBN 0110052080. The print version may be purchased by clicking here. Braille copies of this Statutory Instrument can also be purchased at the same price as the print edition by contacting TSO Customer Services on 0870 600 5522 or e-mail:customer.services@tso.co.uk. Further information about the publication of legislation on this website can be found by referring to the Frequently Asked Questions.
To ensure fast access over slow connections, large documents have been segmented into "chunks". Where you see a "continue" button at the bottom of the page of text, this indicates that there is another chunk of text available.
| ||||||||
SOCIAL SECURITY HOUSING, ENGLAND AND WALES HOUSING, SCOTLAND The Social Security (Miscellaneous Provisions)Amendment Regulations 1990
1.—(1) These Regulations may be cited as the Social Security (Miscellaneous Provisions) Amendment Regulations 1990 and shall come into force—
(2) In these Regulations—
2.—(1) The Social Security (Attendance Allowance) (No. 2) Regulations 1975[8] shall be amended in accordance with the following provisions of this regulation. (2) In paragraph (1) of regulation 5 (exception from regulations 3 and 4) for the words "4 weeks" there shall be substituted the words "28 days". (3) In paragraph (2) of regulation 7 (children in hospital and certain other accommodation) for the words "4 weeks" there shall be substituted the words "28 days".
3. In paragraph (2) of regulation 4 of the Mobility Allowance Regulations 1975[9] (entitlement to an allowance in respect of weeks before that in which claim is received by Secretary of State) for the words "by virtue of regulation 6" there shall be substituted the words "by virtue of regulation 40 of the Social Security (Claims and Payments) Regulations 1987[10]".
4.—(1) Regulation 6 of the Mobility Allowance (Vehicle Scheme Beneficiaries) Regulations 1977[11] (application of the Social Security Act 1975 etc. in relation to vehicle scheme beneficiaries) shall be amended in accordance with the following provisions of this regulation. (2) In paragraph (a) for the reference to "75" there shall be substituted a reference to "80"[12]. (3) In paragraph (c)—
5. In paragraph (1)(b) of regulation 3 of the Computation of Earnings Regulations (payments to be disregarded)—
6. In regulation 5 of the Computation of Earnings Regulations (calculation of earnings of certain retirement pensioners and adult dependants of pensioners)—
7. After paragraph (e) of regulation 3 of the Claims and Payments Regulations (claims not required for entitlement to benefit in certain cases) there shall be added the following paragraph—
8. In regulation 4(6) of the Claims and Payments Regulations (making a claim for benefit) for the words "if any" there shall be substituted the words "or to such other place".
9. In regulation 6(6) of the Claims and Payments Regulations (date of claim) after the words "on the date" there shall be inserted the words "not later than 5th December 1990".
10. In regulation 24(3) of the Claims and Payments Regulations (unemployment benefit, sickness or invalidity benefit, maternity allowance and severe disablement allowance) after the words "sickness or invalidity benefit" there shall be added the words "or severe disablement allowance".
11.—(1) Regulation 30 of the Claims and Payments Regulations (payments on death) shall be amended in accordance with the following provisions of this regulation. (2) In paragraph (5) after the words "the Social Security Act 1986" there shall be inserted the words ", or reduced earnings allowance or disablement benefit". (3) After paragraph (6) there shall be inserted the following paragraph—
(6B) The conditions specified for the purposes of paragraph (6A) are—
(4) In paragraph (7) after the words "in accordance with paragraph (5)" there shall be inserted the words "or paragraph (6A)".
12. In regulation 40 of the Claims and Payments Regulations (claim received within 6 months after the end of a period for which mobility allowance awarded) for the reference to "75" there shall be substituted a reference to "80"[18].
13. For regulation 44(5) of the Claims and Payments Regulations (payment of mobility allowance on behalf of a beneficiary) there shall be substituted the following paragraph—
14. In Part I of Schedule 1 to the Claims and Payments Regulations (benefit claimed and other benefit which may be treated as if claimed in addition or in the alternative) in Column (1) (benefit claimed) there shall be added at the end "Widow's benefit" and in Column (2) (alternative benefit) (so as to correspond with the entry for "Widow's benefit") there shall be added "A retirement pension of any category or graduated retirement benefit.".
15. For paragraph 7 of Schedule 7 to the Claims and Payments Regulations (manner and time of payment etc. in income support cases) there shall be substituted the following paragraph. "Date when change of circumstances is to take effect 7.—(1) Subject to the following sub-paragraphs where the amount of income support payable under an award is changed because of a change of circumstances that change of circumstances shall have effect—
(2) In the cases set out in sub-paragraph (3), the decision given on review shall have effect on the day on which the relevant change of circumstances occurs or is expected to occur. (3) The cases referred to in sub-paragraph (2) are where—
(4) Where income is treated as paid on a particular day under regulation 31(1)(b) or (2) of the Income Support Regulations (date on which income is treated as paid) any relevant change of circumstances which occurs, or which is expected to occur, resulting from that payment shall have effect on the day on which it is treated as paid. (5) Where the relevant change of circumstances requires, or is expected to require, a reduction in the amount of income support then, if the Secretary of State certifies that it will be impracticable to give effect to that reduction from the day prescribed in the preceding sub-paragraphs, except where (3)(f) or (4) apply, the change shall have effect either from the first day of the following benefit week or, where the relevant change of circumstances is expected to occur, from the first day of the benefit week following that in which that change of circumstances is expected to occur. (6) Where, in the cases set out in sub-paragraphs (b), (c), (d), (e) and (f) of paragraph (3) the review has been carried out under section 104(1)(b) of the Social Security Act 1975[22] and the circumstances which have caused the award to be revised cease to apply and the award is reviewed and revised again that second change of circumstances shall take effect from the date of the second change." .
16.—(1) Schedule 9 to the Claims and Payments Regulations (deductions from benefit and direct payment to third parties) shall be amended in accordance with the following provisions of this regulation. (2) In paragraph 6(1) (fuel costs) after the words "any item of mains gas or mains electricity" there shall be inserted the words "including any charges for reconnection of gas or electricity". (3) In paragraph 8(2) (maximum amount of payments to third parties)—
17. In regulation 72(16) of the Housing Benefit (General) Regulations 1987[23] (time and manner in which claims are to be made) after the words "on the date" there shall be inserted the words "not later than 5th December 1990".
18. In regulation 60(19) of the Community Charge Benefits (General) Regulations 1989[24] (time and manner in which claims are to be made) after the words "on the date" there shall be inserted the words "not later than 5th December 1990".
19. In regulation 3 of the Social Security (Refunds) (Repayment of Contractual Maternity Pay) Regulations 1990[25] (refund of part of contributions) for the words "the amount" there shall be substituted the words "that amount".
(This note is not part of the Regulations)
(1) regulation 6 is amended to take account of the increase of the age limit for mobility allowance from 75 to 80 (regulation 4(2)); and (2) the references in regulation 6 to the Social Security (Adjudication) Regulations 1984 are updated to refer to the Social Security (Adjudication) Regulations 1986 (regulation 4(3)).
(1) for the disregard of the first £1000, for the purposes of child dependency increase earnings rules, of a Christmas bonus paid by an employer (regulation 5); and (2) that those earnings of a spouse or partner of a beneficiary which are not immediately ascertainable are to be calculated in accordance with regulation 5 for the purposes of determining a person's earnings under child dependency increase rules (regulation 6).
(1) where a person has been entitled to sickness benefit and medical evidence shows that his incapacity will continue, no claim for invalidity pension is required (regulation 7); (2) regulation 4 is amended to enable claims for benefit to be received other than at an office of the Department of Social Security or the Department of Employment (regulation 8); (3) regulation 24 is amended to include severe disablement allowance in those benefits which may be paid in arrears at intervals of 4 weeks where the weekly amount of the benefit is less than £100 (regulation 10); (4) where a person has died and that person would have been entitled to reduced earnings allowance or disablement benefit before his death had a claim for it been made, then the time limit for application to the Secretary of State for an appointment to make a claim on behalf of the deceased is extended to a period of 6 months beginning with the issue of the death certificate (regulation 11); (5) regulation 40 which deals with claims received within 6 months after the end of a period for which mobility allowance is awarded, is amended to take account of the increase of the age limit for mobility allowance from 75 to 80 (regulation 12); (6) regulation 44 is amended to take account of the change in status of the Motability organisation from a public company to a society incorporated by Royal Charter (regulation 13); (7) Schedule 1 is amended to enable a claim for widow's benefit to be treated in the alternative as a claim for a retirement pension of any category or graduated retirement benefit (regulation 14); (8) Schedule 7 is amended to ensure that when a person returns to hospital and that change constitutes a change of circumstances, the change in circumstances affecting his benefit is treated as having taken place from the day after his return and provision is made for anticipated changes of circumstances following a review under section 104(bb) of the Social Security Act 1975 (regulation 15); (9) Schedule 9, paragraph 6 is amended to provide for the inclusion of reconnection charges in fuel costs (regulation 16(2)); and (10) Schedule 9, paragraph 8 is amended to include water charges in the maximum amount which may be deducted from benefit and paid to a third party without the consent of the beneficiary (regulation 16(3)).
ISBN 0 11 005208 0 Notes: [1] 1975 c. 14. Schedule 20 is cited because of the meaning it ascribes to "Prescribe" and "Regulations". Section 37A was inserted by section 22(1) of the Social Security Pensions Act 1975 (c. 60) and subsection (6A) was inserted by section 3(4) of the Social Security Act 1979 (c. 18). Section 37A(2C) was inserted by section 71(2) of the Social Security Act 1986 (c. 50) ("the 1986 Act"). Section 37A(6A) was amended by section 8(1) of the Social Security Act 1989 (c. 24) ("the 1989 Act"). Subsection (5) of section 104 was added by paragraph 10(d) of Schedule 5 to the 1986 Act and was amended by paragraph 11(3) and (4) of Schedule 3 to the 1989 Act. Section 165A was inserted by section 17 of the Social Security Act 1985 (c. 53) and substituted by the 1986 Act, Schedule 10, paragraph 87 and amended by paragraph 9(1) of Schedule 8 to the 1989 Act and section 6(1) of the Social Security Act 1990 (c. 27). Section 166(2) is applied by section 83(1) of the 1986 Act to the powers conferred by that Act to make Regulations. Sub-paragraph (gg) was inserted in paragraph 6(1) of Schedule 1 by section 2 of the 1989 Act. back [2] 1986 c. 50. Section 84(1) is cited because of the meaning it ascribes to the words "prescribed" and "regulations". Section 51(1) was amended by Schedule 10, paragraph 7 to the Local Government Finance Act 1988 (c. 41). Section 51B was inserted by Schedule 10, paragraph 8 to the Local Government Finance Act 1988. back [3] 1989 c. 24. Section 30(1) is cited for the meaning it ascribes to "regulations". back [4] See section 61(1)(b) and (10) of the Social Security Act 1986; the definition of "regulations" was added to section 61(10) by the Social Security Act 1989 (c. 24) Schedule 8, paragraph 12(4). back [5] See section 61(8)(b) of the Social Security Act 1986. back [6] S.I. 1978/1698, to which the relevant amending instruments are S.I. 1979/359 and 1989/1642. back [7] S.I. 1987/1968, to which the relevant amending instruments are S.I. 1988/522 and 1725 and 1989/136 and 1686 and 1990/671 and 725. back [8] S.I. 1975/598, to which the relevant amendments are S.I. 1977/342 and 417, 1979/1684, 1983/1015, 1137 and 1741. back [9] S.I. 1975/1573, to which the relevant amendment is S.I. 1986/1541. back [10] S.I. 1987/1968, to which the relevant amending instrument is S.I. 1990/2208. back [11] S.I. 1977/1229, to which the relevant amending instruments are section 21(4) of and paragraph 32 of Schedule 3 to the Social Security Act 1979 (c. 18) and S.I. 1984/458. back [12] See section 8(1) of the Social Security Act 1989 (c. 24) which increased the age limit for entitlement to mobility allowance from 75 to 80. back [13] Regulations 54 and 60 of the Social Security (Adjudication) Regulations 1984 (S.I. 1984/451), were revoked, amongst others, by S.I. 1986/2218. back [14] Subsection (2A) of section 41 was inserted by paragraph 3(c) of Schedule 5 to the Health and Social Security Act 1984 (c. 48) ("the 1984 Act"). back [15] Subsection (1A) of section 64 was inserted by paragraph 4 of Schedule 5 to the 1984 Act. back [16] Subsection (2A) of section 41 was inserted by paragraph 3(c) of Schedule 5 to the 1984 Act and subsection (1A) of section 64 was inserted by paragraph 4 of Schedule 5 to the 1984 Act. back [17] Subsections (3) and (4) were inserted into section 61 by paragraph 6 of Schedule 3 to the Social Security Act 1986 (c. 50). back [18] See section 8(1) of the Social Security Act 1989 (c. 24) which increased the age limit for entitlement to mobility allowance from 75 to 80. back [22] 1975 c. 14. Sub-section (1) of section 104 was substituted by paragraph 10(a) of Schedule 5 to the Social Security Act 1986 (c. 50). back [23] S.I. 1987/1971; the relevant amending instrument is S.I. 1990/671. back [24] S.I. 1989/1321; the relevant amending instruments are S.I. 1990/835 and 1773. back |
|
|
||
| Other UK SIs | Home | National Assembly for Wales Statutory Instruments | Scottish Statutory Instruments | Statutory Rules of Northern Ireland | Her Majesty's Stationery Office | ||
|
|
||
| We welcome your comments on this site | © Crown copyright 1990 | Prepared 20th September 2000 |