text:
Citation and commencement
1
These Regulations may be cited as the Social Security (Deferral of Retirement Pensions etc.) Regulations 2006 and shall come into force on 6 th April 2006.
Amendment of the Social Security (Widow’s Benefit and Retirement Pensions) Regulations 1979
2
For regulation 4(1)(b)(ii) of the Social Security (Widow’s Benefit and Retirement Pensions) Regulations 1979 (days to be treated as days of increment), substitute —
ii
graduated retirement benefit where that person’s period of deferment ended on or before 5 th April 2006; or
iii
an unemployability supplement; and
.
Amendment of the Social Security (Retirement Pensions etc.) (Transitional Provisions) Regulations 2005
3
In the modification made by regulation 2(4)(a) of the Social Security (Retirement Pensions etc.) (Transitional Provisions) Regulations 2005 (modification of Schedule 5 to the Act), after the words “retirement pension” insert “(excluding any increase under section 83, 84 or 85)”.
Amendment of the Social Security (Deferral of Retirement Pensions, Shared Additional Pension and Graduated Retirement Benefit) (Miscellaneous Provisions) Regulations 2005
4
In regulation 5(2)(b) of the Social Security (Deferral of Retirement Pensions, Shared Additional Pension and Graduated Retirement Benefit) (Miscellaneous Provisions) Regulations 2005 (change of election), for “regulation 30(5D) or (5F)” substitute “regulation 30(5E) or (5G)”.
Amendment of the Social Security (Graduated Retirement Benefit) Regulations 2005
5
In paragraph 20D(2)(b) of Schedule 1 to the Social Security (Graduated Retirement Benefit) Regulations 2005 (change of election), for “regulation 30(5D) or (5F)” substitute “regulation 30(5E) or (5G)”.
Amendment of the Social Security (Payments on account, Overpayments and Recovery) Regulations 1988
6
In regulation 5 of the Social Security (Payments on account, Overpayments and Recovery) Regulations 1988 (offsetting prior payment against subsequent award) —
a
in paragraph (1) , for “and (2A)” substitute “, (2A) and (6)”; and
b
after paragraph (5), add —
6
Subject to regulation 6, any sums under —
a
Schedule 5 or 5A to the Contributions and Benefits Act (pension increases or lump sum where entitlement to retirement pension or shared additional pension is deferred); or
b
Schedule 1 to the Social Security (Graduated Retirement Benefit) Regulations 2005 (increases or lump sum where entitlement to graduated retirement benefit is deferred),
paid pursuant to a decision which is subsequently revised under section 9 of the Social Security Act 1998 , superseded under section 10 of that Act or overturned on appeal, shall be offset against any sums due under the subsequent determination and, except to the extent that the sum exceeds the amount now due, shall be treated as properly paid on account of it.
.
Signed by authority of the Secretary of State for Work and Pensions.
Stephen C. Timms
Minister of State,
Department for Work and Pensions
27th February 2006


type: legislation

jurisdiction: UK

text:
1
This Order may be cited as the People’s College, Nottingham (Dissolution) Order 2006 and shall come into force on 1st June 2006.
2
On 1st June 2006 the corporation shall be dissolved and all of its property, rights and liabilities shall be transferred to Broxtowe College, being a body corporate established for purposes which include the provision of educational facilities or services.
3
Section 26(2), (3) and (4) of the Act shall apply to any person employed by the corporation immediately before 1st June 2006 as if the references in that section —
a
to a person to whom that section applies were to a person so employed;
b
to the operative date were to 1st June 2006;
c
to the transferor were to the corporation; and
d
to the corporation were to Broxtowe College.
Bill Rammell
Minister of State
Department for Education and Skills
27th April 2006


text:
Citation, interpretation and application
1
1
This Order may be cited as the Clean Neighbourhoods and Environment Act 2005 (Commencement No.1, Transitional and Savings Provisions) (England) Order 2006.
2
In this Order “the 2005 Act ” means the Clean Neighbourhoods and Environment Act 2005.
3
This Order applies in England only.
Commencement of provisions
2
1
The provisions of the 2005 Act specified in the first column of Schedule 1 shall come into force (where applicable, to the extent specified in the second column of that Schedule) on 14th March 2006.
2
Section 2 of the 2005 Act shall come into force on 1st April 2006.
3
The provisions of the 2005 Act specified in the first column of Schedule 2 shall come into force (where applicable, to the extent specified in the second column of that Schedule) on 6th April 2006.
Transitional provisions: London Local Authorities Act 1994 and the City of Newcastle upon Tyne Act 2000
3
1
Paragraph 2 applies notwithstanding the repeal of —
a
section 4 of the London Local Authorities Act 1994 (“section 4”); and
b
section 22 of the City of Newcastle upon Tyne Act 2000 , (“section 22”),
by Part 2 of Schedule 5 to the 2005 Act and the coming into force of section 23 (controls on free distribution of printed matter) of the 2005 Act.
2
Any designation of a place made under section 4 or section 22 and having effect immediately before 6th April 2006, shall continue to have effect, subject to the powers under those sections either to rescind or vary the designation until —
a
6th October 2006; or
b
its expiry;
whichever is the earlier.
Savings: Dogs (Fouling of Land) Act 1996
4
1
Subject to paragraph (2) and notwithstanding its repeal by section 65 of, and Part 5 of Schedule 5 to, the 2005 Act, the Dogs (Fouling of Land) Act 1996 (“the 1996 Act ”) shall continue to have effect in respect of any land which is designated land immediately before 6th April 2006.
2
Any land which is designated land immediately before 6th April 2006 shall cease to be designated land after 5th April 2006 —
a
to the extent that a dog control order (whether or not it relates to the fouling of land by dogs) made under section 55 of the 2005 Act applies in respect of it;
b
if the designation order in question is revoked; or
c
if the designation order in question is amended so as to reduce the extent of the designated land, to the extent of that reduction.
3
In respect of the continued effect of the 1996 Act —
a
section 88(2) to (8) of the Environmental Protection Act 1990 , as applied by section 4(2) and (3) of the 1996 Act, shall continue to apply as if the amendments made by section 19 of the 2005 Act to section 88 of the Environmental Protection Act 1990 had not been made;
b
notwithstanding their repeal by Part 5 of Schedule 5 to the 2005 Act, paragraph 1(2)(c) of Schedule 4 and paragraph 1(2)(b) of Schedule 5 to the Police Reform Act 2002 shall continue to have effect;
c
notwithstanding its repeal by Part 9 of Schedule 5 to the 2005 Act, section 119 of the Local Government Act 2003 shall continue to have effect as if section 119(2)(a), (3)(a) and (c) and (4) were deleted.
4
In this article —
“designated land” has the meaning given in section 2(1) of the 1996 Act; and
“designation order” means an order made under section 2(1) of the 1996 Act.
Ben Bradshaw
Parliamentary Under Secretary of State
Department for Environment, Food and Rural Affairs
Date 9th March 2006


text:
1
This Order may be cited as the Education (Inspectors of Schools in England) (No.3) Order 2006 and comes into force on 6th September 2006.
2
The persons named in the Schedule to this Order are appointed Her Majesty’s Inspectors of Schools in England.
A.K. Galloway
Clerk of the Privy Council


text:
PART 1 GENERAL
Citation, commencement, application and interpretation
1
These Regulations may be cited as the Education (Student Support) (European Institutions) (No. 2) Regulations 2006 and come into force on 31st December 2006.
2
These Regulations apply in relation to England .
3
In these Regulations —
“ 1998 Act ” means the Teaching and Higher Education Act 1998;
“ 2006 Regulations ” means the Education (Student Support) (European Institutions) Regulations 2006 ;
“academic authority” means, in relation to an institution, the governing body or other body having the functions of a governing body and includes a person acting with the authority of that body;
“current course” means the designated course in respect of which a person is applying for support or to be recognised as an eligible student;
“eligible student” has the meaning given by regulation 9;
“ European Community ” means the territory comprised by the Member States of the European Community as constituted from time to time;
“ European institution ” means —
the Bologna Center;
the College of Europe;
the European University Institute;
“grants for living and other costs” means the grants payable under regulation 19 or 21;
“person with leave to enter or remain” means a person —
who has been informed by a person acting under the authority of the Secretary of State for the Home Department that, although he is considered not to qualify for recognition as a refugee, it is thought right to allow him to enter or remain in the United Kingdom;
who has been granted leave to enter or remain accordingly;
whose period of leave to enter or remain has not expired or has been renewed and the period for which it was renewed has not expired or in respect of whose leave to enter or remain an appeal is pending (within the meaning of section 104 of the Nationality, Immigration and Asylum Act 2002 ); and
who has been ordinarily resident in the United Kingdom and Islands throughout the period since he was granted leave to enter or remain;
“qualifying course” means a course —
which is —
a postgraduate or comparable course; and
of at least two academic years’ duration; and
in respect of which the student received, for at least two academic years of the course, a statutory award other than an award intended to assist with additional expenditure that the student was obliged to incur in connection with his attendance on the course by reason of a disability to which he is or was subject;
“refugee” means a person who is recognised by Her Majesty’s government as a refugee within the meaning of the United Nations Convention relating to the Status of Refugees done at Geneva on 28th July 1951 as extended by the Protocol thereto which entered into force on 4th October 1967 ;
“relevant date” means 1st February 2007;
“statutory award” means any award bestowed, grant paid or other support provided by virtue of the 1998 Act or the Education Act 1962 , or any comparable award, grant or other support in respect of undertaking a course which is paid out of public funds;
“student loans legislation” means the Education (Student Loans) Act 1990, the Education (Student Loans) (Northern Ireland) Order 1990, the Education (Scotland) Act 1980 and regulations made thereunder, the Education (Student Support) (Northern Ireland) Order 1998 and regulations made thereunder or the 1998 Act and regulations made thereunder;
“supplementary grants” means the grants payable under Chapter 4 of Part 4.
Revocation and saving provisions
4
Subject to regulations 5 and 6, the Education (Student Support) (European Institutions) Regulations 2006 and the Education (Student Support) (European Institutions) (Amendment) Regulations 2006 are revoked in relation to England.
5
Regulation 5 of the 2006 Regulations continues to apply.
6
The 2006 Regulations shall continue to apply in relation to England in respect of an academic year beginning on or after 1st September 2006 but before 1st September 2007 and in respect of an academic year beginning on or after 1st September 2005 but before 1st September 2006 so far as the 2006 Regulations relate to an academic year beginning in that period.
7
These Regulations apply in relation to the provision of support to students in relation to an academic year which begins on or after 1st September 2007 whether anything done under these Regulations is done before, on or after 1st September 2007.
PART 2 APPLYING FOR SUPPORT AND ELIGIBILITY
Applications
8
1
Unless a person seeking support under these Regulations is already an eligible student by virtue of regulation 9(10), he must submit an application to be considered as an eligible student and an application for support in such form as the Secretary of State may require to the relevant European institution by the application deadline.
2
Where a person seeking support under these Regulations is already an eligible student by virtue of regulation 9(10), he must notify the Secretary of State in writing by the application deadline that he wishes to apply for support under these Regulations.
3
Subject to paragraph (4), the application deadline is —
a
1st February 2007, in the case of the Bologna Center;
b
15th January 2007, in the case of the College of Europe; and
c
31st January 2007, in the case of the European University Institute.
4
The Secretary of State may extend the application deadline if he considers that the circumstances of the case warrant it.
Eligible students
9
1
An eligible student qualifies for support in connection with his attendance on a designated course subject to and in accordance with these Regulations.
2
Subject to paragraphs (4) and (8), a person is an eligible student in connection with a designated course at the College of Europe or the European University Institute if —
a
the academic authority of the European institution providing the designated course notifies the Secretary of State in writing that the person has a reasonable chance of being offered a place on that course by the academic authority; and
b
the Secretary of State determines in connection with an application for support under these Regulations that he falls within one of the categories in Part 2 of Schedule 1.
3
Subject to paragraphs (4) and (8), a person is an eligible student in connection with a designated course at the Bologna Center if —
a
the academic authority of the Bologna Center nominates him for support under these Regulations by writing to the Secretary of State; and
b
the Secretary of State determines in connection with an application for support under these Regulations that he falls within one of the categories in Part 2 of Schedule 1.
4
A person is not an eligible student if —
a
subject to paragraph (5), he has attended a qualifying course;
b
he is in breach of an obligation to repay any loan;
c
he has reached the age of 18 and not ratified any agreement for a loan made with him when he was under the age of 18; or
d
he has, in the opinion of the Secretary of State, shown himself by his conduct to be unfitted to receive support.
5
Paragraph (4)(a) does not apply where the person has attended a qualifying course but the Secretary of State has determined that having regard to the particular circumstances of that person’s case it is appropriate to pay him support in connection with the current course.
6
For the purposes of paragraph (4)(b) and (c), “loan” means a loan made under the student loans legislation.
7
In a case where the agreement for a loan is subject to the law of Scotland, paragraph (4)(c) only applies if the agreement was made —
a
before 25th September 1991; and
b
with the concurrence of the borrower’s curator or at a time when he had no curator.
8
The number of eligible students must not exceed —
a
2, in the case of the Bologna Center;
b
22, in the case of the College of Europe; and
c
26, in the case of the European University Institute.
9
An eligible student in respect of whom the first academic year of the course begins on or after 1st September 2000 shall not, at any one time, qualify for support for more than one designated course.
10
Despite paragraphs (2) to (4) and subject to paragraphs (8), (11) and (12), a person is an eligible student in connection with a designated course at a European Institution if —
a
he qualified as an eligible student in connection with —
i
an earlier academic year of the current course; or
ii
a designated course that he attended at the same European institution and from which his status as an eligible student was transferred to the current course; and
b
his status as an eligible student has not terminated.
11
Where —
a
the Secretary of State determined that, by virtue of being a refugee or the spouse, civil partner, child or step-child of a refugee, a person (“A”) was an eligible student in connection with an application for support for an earlier year of the current course or in connection with an application for support for a designated course at the same European institution from which his status as an eligible student has been transferred to the current course; and
b
the refugee status of A or of his spouse, civil partner, parent or step-parent, as the case may be, is due to expire before the first day of the academic year in respect of which A is applying for support and, as at the day before that academic year begins, no further leave to remain has been granted and no appeal is pending (within the meaning of section 104 of the Nationality, Immigration and Asylum Act 2002),
A’s status as an eligible student terminates on the day before the first day of the academic year in respect of which he is applying for support.
12
Where —
a
the Secretary of State determined that, by virtue of being a person with leave to enter or remain or the spouse, civil partner, child or step-child of such a person, a person (“A”) was an eligible student in connection with an application for support for an earlier year of the current course or in connection with an application for support for a designated course at the same European institution from which his status as an eligible student has been transferred to the current course; and
b
the period for which the person with leave to enter or remain is allowed to stay in the United Kingdom is due to expire before the first day of the academic year in respect of which A is applying for support and, as at the day before that academic year begins, no further leave to remain has been granted and no appeal is pending (within the meaning of section 104 of the Nationality, Immigration and Asylum Act 2002),
A’s status as an eligible student terminates on the day before the first day of the academic year in respect of which he is applying for support.
13
Paragraphs (11) and (12) do not apply where the student began the course in connection with which the Secretary of State determined that he was an eligible student before 1st September 2007.
14
The Secretary of State may take such steps and make such inquiries as he considers necessary to determine whether a person is an eligible student.
15
The Secretary of State must inform a person who has been notified to him under paragraph (2)(a) or nominated under paragraph (3)(a) whether he qualifies as an eligible student.
16
A person who has received notification from the Secretary of State under paragraph (15) that he is an eligible student in connection with a course at the College of Europe or the European University Institute and a person who is an eligible student at the College of Europe or the European University Institute by virtue of paragraph (10) must, by the deadline for receipt of financial information, provide the Secretary of State with any information or documentation that he requests in order to determine the amount of support payable under these Regulations in respect of the academic year.
17
The deadline for receipt of financial information is 31st July 2007 or, in the case of grants payable under regulations 19(7) and 21(6), 28th February 2008.
18
The Secretary of State must notify an eligible student of the amount of support payable in respect the academic year, if any.
Designated courses
10
A course is designated for the purposes of section 22(1) of the 1998 Act and regulation 9 if it is —
a
a postgraduate or comparable course;
b
a full-time course;
c
of at least one academic year’s duration; and
d
provided by a European institution.
Period of eligibility
11
1
Subject to the following paragraphs and regulation 9 a student’s status as an eligible student in connection with a designated course will terminate at the end of the academic year in which the relevant European institution would ordinarily expect the student to complete the course (“period of eligibility”).
2
The student’s period of eligibility terminates when the student —
a
withdraws from his designated course in circumstances in which the Secretary of State will not transfer his status as an eligible student in accordance with regulation 12; or
b
abandons or is expelled from his designated course.
3
The Secretary of State may terminate the student’s period of eligibility if he is satisfied that the student has by his conduct shown himself unfitted to receive support.
4
Where the student’s period of eligibility will terminate before the end of the academic year in which the student will actually complete the course, the Secretary of State may, at any time, extend or renew the period of eligibility for such period as he determines.
5
If the Secretary of State is satisfied that an eligible student has failed to comply with any requirement to provide information under these Regulations or has provided information which is inaccurate in a material particular, the Secretary of State may do one or more of the following —
a
terminate the student’s period of eligibility;
b
determine that the student no longer qualifies for any particular type of support or particular amount of support;
c
treat any support already paid to the student as an overpayment which may be recovered in accordance with regulation 38.
Transfer of eligibility
12
1
Where an eligible student transfers to another designated course at the same European institution, the Secretary of State must transfer the student’s status as an eligible student where —
a
he receives a request from the eligible student to do so;
b
he is satisfied that the eligible student has begun to attend that other course on the recommendation of the academic authority; and
c
the student’s status as an eligible student has not terminated.
2
An eligible student who transfers under paragraph (1) shall receive in connection with the academic year of the course to which he transfers the remainder of the support assessed by the Secretary of State in respect of the academic year of the course from which he transfers.
3
An eligible student who transfers under paragraph (1) after the Secretary of State has assessed support in connection with the academic year of the course from which he is transferring but before he completes that year may not, in connection with the academic year of the course to which he transfers, apply for another grant of a kind that he has already applied for under these Regulations in connection with the academic year of the course from which he is transferring.
PART 3 PROVISION OF INFORMATION
Information
13
Every applicant and eligible student must, as soon as reasonably practicable after he is requested to do so, provide the Secretary of State with such information as the Secretary of State considers he requires for the purposes of these Regulations.
14
Every applicant and eligible student must immediately inform the Secretary of State and provide him with particulars if —
a
he withdraws from, abandons or is expelled from his course;
b
he transfers to another course at the same European institution;
c
he ceases to attend his course and does not intend to or is not permitted to continue it for the remainder of the academic year;
d
he is absent from his course for more than 60 days due to illness or for any period for any other reason;
e
the month for the start or the completion of the course changes;
f
his home or term-time address changes.
15
Information provided to the Secretary of State pursuant to these Regulations must be in the format required by the Secretary of State and, if the Secretary of State requires the information to be signed by the person providing it, an electronic signature in such form as the Secretary of State may specify satisfies this requirement.
PART 4 FINANCIAL SUPPORT
General
16
1
Subject to paragraph (2), the general rule is that —
a
an eligible student who is attending a designated course provided by the Bologna Center (“Bologna Center student”) qualifies for support in connection with an academic year of that course in accordance with the provisions of Chapter 1;
b
an eligible student who is attending a designated course provided by the College of Europe (“College of Europe student”) qualifies in connection with an academic year of that course for —
i
a grant for fees and grants for living and other costs in accordance with Chapter 2; and
ii
supplementary grants in accordance with Chapter 4; and
c
an eligible student who is attending a designated course provided by the European University Institute (“European University Institute student”) qualifies in connection with an academic year of that course for —
i
grants for living and other costs in accordance with Chapter 3; and
ii
supplementary grants in accordance with Chapter 4.
2
If the academic year in respect of which the eligible student has applied for support is a year of repeat study the Secretary of State may determine that —
a
the student does not qualify for a particular type or amount of support in respect of the year of repeat study; or
b
the student does not qualify for any support in respect of the year of repeat study.
3
In determining whether an eligible student should not qualify for some or any support in accordance with paragraph (2) the Secretary of State shall have regard to the circumstances of the case and in particular the reasons for which the student has been required to repeat an academic year.
4
For the purposes of this regulation, “year of repeat study” means an academic year or part of an academic year which the student has previously attended but is required by the relevant European institution to attend again.
CHAPTER 1
GRANTS FOR FEES FOR BOLOGNA CENTER STUDENTS
Grant for fees
17
1
A Bologna Center student qualifies for a grant for fees in respect of an academic year of the current course calculated in accordance with paragraph (2).
2
Subject to paragraph (3), the amount of grant for fees payable in respect of an academic year is the aggregate amount of fees payable by the student in respect of, or otherwise in connection with, his attendance on the course during that academic year.
3
The maximum amount of grant for fees payable under this regulation is 24,100 euro.
CHAPTER 2
GRANTS FOR COLLEGE OF EUROPE STUDENTS
Grant for fees
18
1
A College of Europe student qualifies for a grant for fees in respect of an academic year of the current course calculated in accordance with paragraph (2).
2
Subject to paragraph (3), the amount of grant for fees payable in respect of an academic year is the aggregate amount of fees payable by the student in respect of, or otherwise in connection with, his attendance on the current course during that academic year.
3
The maximum amount of grant for fees is 10,250 euro.
Grants for living and other costs
19
1
Subject to paragraph (2), a College of Europe Student qualifies in respect of an academic year for the grants for living and other costs specified in and calculated in accordance with paragraphs (3) to (7).
2
A College of Europe student does not qualify for any of the grants payable under this regulation if paragraph 9 of Part 2 of Schedule 1 is the only paragraph of Part 2 of that Schedule into which the student falls.
3
A College of Europe student qualifies for a grant for living costs of an amount equal to the sum of ( A + B) where —
A is £2,343; and
B is £48 for each week, including a week during which the student is required to attend the College for less than 5 days, that the student is required to attend the College in excess of 30 weeks and 3 days.
4
A College of Europe student qualifies for a grant for board and lodging of 6,000 euro.
5
A College of Europe student qualifies for a grant for travel home of an amount equal to ( A – B) where —
A is the amount determined by the Secretary of State to be the cost of three return journeys from the student’s home address to the College of Europe; and
B is £97.
6
A College of Europe student qualifies for a grant for college travel of such amount as the Secretary of State determines to be the reasonable cost of travel from the student’s residence whilst attending the College of Europe to the College of Europe.
7
Subject to the prior agreement of the Secretary of State before costs are incurred, a College of Europe student qualifies for a grant for research travel of such amount as the Secretary of State determines to be the reasonable cost of travel incurred for the purposes of completing periods of research authorised by the College of Europe during the academic year in respect of which support is being applied for.
20
A deduction may be made in accordance with Part 5 from the amount payable in respect of any of the grants calculated in accordance with regulation 19.
CHAPTER 3
GRANTS FOR EUROPEAN UNIVERSITY INSTITUTE STUDENTS
Grants for living and other costs.
21
1
Subject to paragraphs (2) and (3), a European University Institute student qualifies in respect of an academic year for the grants for living and other costs specified in and calculated in accordance with paragraphs (3) to (7).
2
A European University Institute student does not qualify for any of the grants payable under this regulation if paragraph 9 of Part 2 of Schedule 1 is the only paragraph of Part 2 of that Schedule into which the student falls.
3
A European University Institute student qualifies for a grant for living costs of 13,000 euro.
4
A European University Institute student qualifies for a grant for travel home of the amount determined by the Secretary of State to be the reasonable cost of one return journey from the student’s home address to the European University Institute;
5
A European University Institute student qualifies for a grant for college travel of the amount determined by the Secretary of State to be the reasonable cost of travel from the student’s residence whilst attending the European University Institute to the European University Institute.
6
Subject to the prior agreement of the Secretary of State before costs are incurred, a European University Institute student qualifies for a grant for research travel of the amount determined by the Secretary of State to be the reasonable cost of travel incurred for the purposes of completing periods of research authorised by the European University Institute during the academic year in respect of which support is being applied for.
7
A European University Institute student qualifies for a grant for medical insurance of the amount determined by the Secretary of State to be the reasonable cost of insuring the student against liability for the cost of medical treatment provided outside the United Kingdom where the ordinary duration of the course is more than one academic year .
22
A deduction may be made in accordance with Part 5 from the amount payable in respect of any of the grants calculated under paragraphs (4) to (6) of regulation 21.
CHAPTER 4
SUPPLEMENTARY GRANTS
Disabled students’ allowance
23
1
Subject to paragraph (2), a College of Europe student or a European University Institute student qualifies for a disabled students’ allowance to assist with the additional expenditure which the Secretary of State is satisfied that he is obliged to incur by reason of a disability to which he is subject in respect of his attendance at a designated course.
2
A College of Europe student or a European University Institute student does not qualify for a disabled students’ allowance if paragraph 9 of Part 2 of Schedule 1 is the only paragraph of Part 2 of that Schedule into which the student falls.
Amount of disabled students’ allowance
24
1
Subject to paragraph (2), the amount of the disabled students’ allowance is the amount that the Secretary of State considers appropriate in accordance with the student’s circumstances to assist with one or more types of eligible expenditure.
2
The amount of disabled students’ allowance must not exceed £5,915 in respect of an academic year.
3
The “types of eligible expenditure” are —
a
expenditure on a non-medical personal helper;
b
expenditure on major items of specialist equipment;
c
any additional expenditure incurred —
i
in the country where the relevant institution is located for the purpose of attending the institution; and
ii
within or outside the United Kingdom for the purpose of travelling to the relevant institution in order to attend the relevant course.
Grant for dependants
25
1
The grant for dependants consists of the following elements —
a
adult dependants’ grant; and
b
parents’ learning allowance.
2
The qualifying conditions for each element and the amounts payable are set out in regulations 26 to 30.
Adult dependants’ grant
26
1
Subject to paragraph (3), a College of Europe Student or a European University Institute student qualifies for an adult dependants’ grant in connection with his attendance on a designated course in accordance with this regulation.
2
The adult dependants’ grant is available in respect of a dependant of an eligible student who is either —
a
the student’s partner; or
b
an adult dependant of the student whose net income does not exceed £3,610.
3
A College of Europe student or a European University Institute student does not qualify for the grant payable under this regulation if paragraph 9 of Part 2 of Schedule 1 is the only paragraph of Part 2 of that Schedule into which the student falls.
27
1
The amount of the adult dependants’ grant payable in respect of an academic year is calculated in accordance with regulation 29, the basic amount being —
a
in respect of the current academic year, £2,510; or
b
where the person in respect of whom the student is applying for adult dependants’ grant is ordinarily resident outside of the United Kingdom, such amount not exceeding £2,510 as the Secretary of State considers reasonable in the circumstances.
Parents’ learning allowance
28
1
Subject to paragraph (2), a College of Europe student or a European University Institute student qualifies in connection with his attendance on a designated course for the parents’ learning allowance if he has one or more dependants who are dependent children.
2
A College of Europe student or a European University Institute student does not qualify for the grant payable under this regulation if paragraph 9 of Part 2 of Schedule 1 is the only paragraph of Part 2 of that Schedule into which the student falls.
3
The amount of the parents’ learning allowance payable in respect of an academic year is calculated in accordance with regulation 29, the basic amount being £1,435.
Calculations
29
1
Subject to the following paragraphs, the amount payable in respect of a particular element of the grant for dependants for which the College of Europe student or European University Institute student qualifies under regulations 26 to 28 is the amount of that element remaining after applying, until it is extinguished or no element remains payable under regulations 26 to 28, an amount equal to ( A – B) as follows and in the following order —
a
to reduce the basic amount of the adult dependants’ grant where the student qualifies for that element under regulation 26; and
b
to reduce the basic amount of the parents’ learning allowance where the student qualifies for that element under regulation 28.
2
Subject to paragraphs (4) and (5), where B is greater than or equal to A , the basic amount of each element of the grant for dependants for which the student qualifies is payable.
3
Where ( A – B) is equal to or exceeds the aggregate of the basic amounts of the elements of the grant for dependants for which the eligible student qualifies, the amount payable in respect of each element is nil.
4
The amount of adult dependants’ grant calculated under paragraph (1) in respect of an adult dependant is reduced by one half where —
a
the student’s partner —
i
is an eligible student; or
ii
holds a statutory award; and
b
account is taken of that partner’s dependants in calculating the amount of support for which that partner qualifies or the payment to which he is entitled under the statutory award.
5
Where the amount of the parents’ learning allowance calculated under paragraph (1) is £0.01 or more but less than £50, the amount of parents’ learning allowance payable is £50.
6
For the purposes of this regulation —
A is the aggregate of the net income of each of the eligible student’s dependants; and
B is —
£1,100 where the student has no dependent children;
£3,300 where the student is not a lone parent and has one dependent child;
£4,400 where the student is not a lone parent and has more than one dependent child;
£4,400 where the student is a lone parent and has one dependent child;
£5,505 where the student is a lone parent and has more than one dependent child.
30
A deduction may be made in accordance with Part 5 from the amount payable in respect of a particular element of the grant for dependants calculated in accordance with regulations 26 to 29.
Interpretation
31
1
For the purposes of regulations 26 to 30 —
a
“adult dependant” means, in relation to a student, an adult person dependent on the student but does not include his child, his partner (including a spouse or civil partner from whom the Secretary of State considers the student is separated) or his former partner;
b
“child” in relation to a student includes any child of his partner who is dependent on him and any child for whom he has parental responsibility who is dependent on him;
c
“dependant” means, in relation to a student, his partner, his dependent child or an adult dependant, who in each case is not an eligible student and does not hold a statutory award;
d
“dependent” means wholly or mainly financially dependent;
e
“lone parent” means a student who does not have a partner and who has a dependent child;
f
“net income” has the meaning given in paragraph (2);
g
subject to sub-paragraphs (h), (i) and (j), “partner” means any of the following —
i
the spouse of a student;
ii
the civil partner of a student;
iii
a person ordinarily living with a student as if he were his spouse where that student —
aa
was aged 25 or over at the start of the academic year in respect of which the student’s contribution falls to be assessed; and
bb
started the designated course on or after 1st September 2000;
iv
a person ordinarily living with a student as if he were his civil partner where that student —
aa
was aged 25 or over at the start of the academic year in respect of which the student’s contribution falls to be assessed; and
bb
started the designated course on or after 1st September 2005;
h
unless otherwise indicated, a person who would otherwise be a partner under sub-paragraph (g) is not to be treated as a partner if —
i
in the opinion of the Secretary of State, that person and the student are separated; or
ii
the person is ordinarily living outside the United Kingdom and is not maintained by the student;
i
for the purposes of the definition of “adult dependant”, a person is to be treated as a partner if he would be a partner under sub-paragraph (g) but for the fact that the student with whom he is living was not aged 25 or over at the start of the academic year in respect of which the student’s contribution falls to be assessed;
j
for the purposes of the definitions of “child” and “lone parent”, a person is to be treated as a partner if he would be a partner under sub-paragraph (g) but for the date on which the student began the designated course or the fact that the student with whom he is ordinarily resident was not aged 25 or over at the start of the academic year in respect of which the student’s contribution falls to be assessed.
2
Subject to paragraph (3), a dependant’s net income is his income from all sources for the academic year in question reduced by the amount of income tax and social security contributions payable in respect of it but disregarding —
a
any pension, allowance or other benefit paid by reason of a disability or incapacity to which the dependant is subject;
b
child benefit payable under Part IX of the Social Security Contributions and Benefits Act 1992 ;
c
any financial support payable to the dependant by a local authority in accordance with regulations made under sections 2, 3 and 4 of the Adoption and Children Act 2002 ;
d
any guardian’s allowance to which the dependant is entitled under section 77 of the Social Security Contributions and Benefits Act 1992;
e
in the case of a dependant with whom a child being looked after by a local authority is boarded out, any payment made to that dependant in pursuance of section 23 of the Children Act 1989 ;
f
any payments made to the dependant under section 15 of and Schedule 1 to the Children Act 1989 in respect of a person who is not the dependant’s child or any assistance given by a local authority pursuant to section 24 of that Act; and
g
any child tax credit to which the dependant is entitled under Part 1 of the Tax Credits Act 2002.
3
Where a student or his partner makes any recurrent payments which were previously made by the student in pursuance of an obligation incurred before the first academic year of the student’s course, the partner’s net income is net income calculated in accordance with paragraph (2) reduced by —
a
an amount equal to the payments in question for the academic year, if in the opinion of the Secretary of State the obligation has been reasonably incurred; or
b
such lesser amount, if any, as the Secretary of State considers appropriate if, in his opinion, a lesser obligation could reasonably have been incurred.
4
For the purposes of paragraph (2), where —
a
the dependant is a dependent child; and
b
payments are made to the student towards the child’s maintenance,
those payments are to be treated as the child’s income.
PART 5 CONTRIBUTIONS
Student’s contribution
32
A College of Europe student or European University Institute student’s contribution in respect of an academic year is the amount, if any, calculated under Schedule 2.
Application of the student’s contribution
33
1
The contribution calculated in accordance with regulation 32 shall be applied —
a
in the case of a College of Europe student in accordance with regulation 34; and
b
in the case of a European University Institute student in accordance with regulation 35.
34
1
In the case of a College of Europe student, the Secretary of State must apply the student’s contribution —
a
first, to reduce the amount of grant for living costs calculated under regulation 19(3);
b
second —
i
in the case of a student who is eligible for the grant for dependants, to reduce in the following order —
aa
the amount of any adult dependants’ grant calculated in accordance with regulation 29;
bb
the amount of any parents’ learning allowance calculated in accordance with regulation 29; and
cc
the amount of any grant for board and lodging calculated in accordance with regulation 19(4);
ii
in any other case, to reduce the amount of grant for board and lodging calculated under regulation 19(4);
c
third, to reduce the amount of grant for travel home calculated in accordance with regulation 19(5);
d
fourth, to reduce the amount of grant for college travel calculated in accordance with regulation 19(6);
e
fifth, subject to paragraph (2), to reduce the amount of grant for research travel calculated in accordance with regulation 19(7).
2
Where the contribution available to reduce the amount of grant for research travel in accordance with paragraph (1)(e) exceeds the amount of that grant calculated under regulation 19(7), the amount of that grant payable to the student is nil.
35
1
In the case of a European University Institute student, the Secretary of State must apply the student’s contribution —
a
first, to reduce the amount of grant for living costs calculated in accordance with regulation 21(3);
b
second —
i
in the case of a student who is eligible for the grant for dependants, to reduce in the following order —
aa
the amount of any adult dependants’ grant calculated in accordance with regulation 29;
bb
the amount of any parents’ learning allowance calculated in accordance with regulation 29; and
cc
the amount of any grant for travel home calculated in accordance with regulation 21(4);
ii
in any other case, to reduce the amount of grant for travel home calculated in accordance with regulation 21(4);
c
third, to reduce the amount of grant for college travel calculated in accordance with regulation 21(5).
d
fourth, subject to paragraph (2), to reduce the amount of grant for research travel calculated in accordance with regulation 21(6).
2
Where the contribution available to reduce the amount of grant for research travel in accordance with paragraph (1)(d) exceeds the amount of that grant calculated under regulation 21(6), the amount of that grant payable to the student is nil.
PART 6 PAYMENTS
Payment of grant for fees
36
1
The Secretary of State must not pay the grant for fees for which a student qualifies until he has received a request for payment from the academic authority.
2
The Secretary of State may make the payments of the grant for fees to the academic authority in such instalments and at such times as he considers to be appropriate.
Payment of grants for living and other costs and supplementary grants
37
1
The Secretary of State may pay the grants for living and other costs and the supplementary grants for which a student qualifies in such instalments and at such times as he considers appropriate.
2
The Secretary of State may, if he considers it appropriate to do so, pay the grant payable under regulation 19(4) or regulation 21(3) to the relevant academic authority for the authority to pay the relevant grant on his behalf.
3
Where a final assessment of the amount of grants for living and other costs or supplementary grants payable to a student cannot be made on the basis of the information provided by the student, the Secretary of State may make provisional payments of those grants pending the final assessment.
4
The Secretary of State may, if he considers it appropriate to do so, make a payment of disabled students’ allowance before the start of the academic year in respect of which that payment is due.
5
Where the circumstances in regulation 14(a) or regulation 14(c) apply, the Secretary of State must not make any payments of support to a student after the date on which he stops attending his course unless he considers it appropriate to do so taking into account the circumstances of the student’s case.
6
The Secretary of State must not make any payments of support to a student who is absent from his course —
a
for more than 60 days due to illness; or
b
for any period for any other reason,
unless he considers that it is appropriate to do so taking into account the circumstances of the student’s case.
Overpayments
38
1
The Secretary of State may recover any overpayment of grant for fees from the academic authority.
2
An eligible student shall, if required to do so by the Secretary of State, repay any amount paid to that student under Part 4 which for whatever reason exceeds the amount of support to which he is entitled under Part 4.
Bill Rammell
Minister of State
Department for Education and Skills
24th November 2006


text:
Citation, commencement, application and revocation
1
1
This Order may be cited as the Education (Recognised Awards) (Richmond The American International University in London) Order 2006 and comes into force on 31st December 2006.
2
This Order applies in relation to England .
3
The Education (Recognised Awards) (Richmond College) ( No. 2) Order 1996 is revoked.
Designation of awards
2
Any award granted or to be granted before 31st December 2016 by Richmond The American International University in London, is designated as a recognised award for the purposes of section 214 of the Education Reform Act 1988.
Bill Rammell
Minister of State
Department for Education and Skills
23rd November 2006


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Firefighters’ Compensation Scheme (England) (Amendment) Order 2006 and shall come into force on 25 th January 2007, but the amendments made by article 2 shall have effect from 6th April 2006.
2
In this Order “the Compensation Scheme” means the Scheme set out in Schedule 1 to the Firefighters’ Compensation Scheme (England) Order 2006 .
Amendment of the Firefighters’ Compensation Scheme (England) Order 2006
2
Schedule 1 to the Firefighters’ Compensation Scheme (England) Order 2006 is amended in accordance with the Schedule to this Order.
General transitional provision
3
1
Where a person to whom a protected benefit was being paid or might become payable under the Compensation Scheme is placed in a worse position than he would have been in if the Scheme had continued to have effect without the amendments made by article 2, he may, by giving written notice to the fire and rescue authority liable or prospectively liable for payment of the benefit, elect that the provisions of the Scheme, in the form in which they existed immediately before the coming into force of this Order, shall continue to have effect in relation to the benefit.
2
Notice under paragraph (1) must be given not later than 31st March 2007.
3
For the purposes of paragraph (1), a protected benefit is one paid, or capable of becoming payable, to or in respect of a person who, before the coming into force of this Order, ceased to be employed by an English fire and rescue authority or died.
Transitional provision: decisions and determinations
4
1
The amendments made by article 2 shall not have effect in relation to a person in respect of whom a determination or decision relevant to whether permanent disablement has been occasioned by a qualifying injury (within the meaning of rule 7 of Part 1 of the Compensation Scheme) has been made before the coming into force of this Order.
2
In a case to which paragraph (1) applies, the provisions of the Compensation Scheme, in the form in which they existed immediately before the coming into force of this Order, shall continue to have effect in relation to such a person.
Signed by authority of the Secretary of State for Communities and Local Government
Phil Woolas
Minister of State
Department for Communities and Local Government
19th December 2006


text:
Preliminary
Citation and commencement
1
These Regulations may be cited as the Registered Pension Schemes (Enhanced Lifetime Allowance) Regulations 2006 and shall come into force on 6th April 2006.
Interpretation
2
1
In these Regulations —
“the closing date” is to be read in accordance with regulation 3(4), 4(4), 5(4), 6(4), 7(4) or 8(4) as the case may require;
“notification” is to be read in accordance with regulation 3(3), 4(3), 5(3), 6(3), 7(3) or 8(3) as the case may require;
“the Revenue and Customs” means Her Majesty’s Revenue and Customs.
2
In these Regulations references to sections, without more, are references to sections of the Finance Act 2004, and references to provisions of Schedule 36 are references to provisions of Schedule 36 to that Act.
3
The expressions defined or otherwise explained in the list in section 280(2) have the same definitions or explanations in these Regulations as in Part 4 of the Finance Act 2004.
Reliance on provisions of the Finance Act 2004
Reliance on paragraph 7 of Schedule 36 (lifetime allowance enhancement: “primary protection”)
3
1
This regulation applies if the amount of the relevant pre-commencement pension rights of an individual (determined in accordance with paragraph 7(5) of Schedule 36) exceeds £1,500,000.
2
The individual may give notice of intention to rely on paragraph 7 of Schedule 36 (“paragraph 7”).
3
If the individual intends to rely on paragraph 7, the individual must give a notification to the Revenue and Customs on or before the closing date.
4
For the purposes of this regulation the closing date is 5th April 2009.
5
Paragraph (6) applies if —
a
the individual gives the notification to the Revenue and Customs, and
b
the Revenue and Customs issue a certificate to the individual in response to the giving of the notification.
6
The individual may rely on paragraph 7 during the period beginning on 6th April 2006 and ending on the day on which the Revenue and Customs —
a
revoke the certificate, or
b
issue an amended certificate to the individual.
7
Paragraph (8) applies if the Revenue and Customs —
a
issue a certificate to which paragraph (6) applies to the individual, and
b
later issue an amended certificate (“the subsequent certificate”) to the individual.
8
The individual may rely on paragraph 7 during the period beginning on the day specified on the subsequent certificate and ending on the day on which the Revenue and Customs —
a
revoke the subsequent certificate, or
b
issue an amended certificate to the individual.
9
The day so specified must not be earlier than 6th April 2006.
Reliance on paragraph 12 of Schedule 36 (lifetime allowances: “enhanced protection”)
4
1
This regulation applies in the case of an individual to whom paragraph 12(1) of Schedule 36 has applied at all times on and after 6th April 2006.
2
The individual may give notice of intention to rely on paragraph 12 of Schedule 36 (“paragraph 12”) .
3
If the individual intends to rely on paragraph 12, the individual must give a notification to the Revenue and Customs on or before the closing date.
4
For the purposes of this regulation the closing date is 5th April 2009.
5
Paragraph (6) applies if —
a
the individual gives the notification to the Revenue and Customs, and
b
the Revenue and Customs issue a certificate to the individual in response to the giving of the notification.
6
The individual may rely on paragraph 12 during the period beginning on 6th April 2006 and ending on the day on which the Revenue and Customs —
a
revoke the certificate,
b
issue an amended certificate to the individual, or
c
receive notice, given by the individual, that the individual no longer wishes to rely on paragraph 12.
7
Paragraph (8) applies if the Revenue and Customs —
a
issue a certificate to which paragraph (6) applies to the individual, and
b
later issue an amended certificate (“the subsequent certificate”) to the individual.
8
The individual may rely on paragraph 12 during the period beginning on the day specified on the subsequent certificate and ending on the day on which the Revenue and Customs —
a
revoke the subsequent certificate,
b
issue an amended certificate to the individual, or
c
receive notice, given by the individual, that the individual no longer wishes to rely on paragraph 12.
9
The day so specified must not be earlier than 6th April 2006.
Reliance on paragraph 18 of Schedule 36 (lifetime allowance enhancement: pre-commencement pension credits)
5
1
This regulation applies if a benefit crystallisation event occurs in relation to an individual in the circumstances specified in paragraph 18(1) of Schedule 36.
2
The individual may give notice of intention to rely on paragraph 18 of Schedule 36 (“paragraph 18”).
3
If the individual intends to rely on paragraph 18, the individual must give a notification to the Revenue and Customs on or before the closing date.
4
For the purposes of this regulation the closing date is 5th April 2009.
5
Paragraph (6) applies if —
a
the individual gives the notification to the Revenue and Customs, and
b
the Revenue and Customs issue a certificate to the individual in response to the giving of the notification.
6
The individual may rely on paragraph 18 during the period beginning on 6th April 2006 and ending on the day on which the Revenue and Customs —
a
revoke the certificate, or
b
issue an amended certificate to the individual.
7
Paragraph (8) applies if the Revenue and Customs —
a
issue a certificate to which paragraph (6) applies to the individual, and
b
later issue an amended certificate (“the subsequent certificate”) to the individual.
8
The individual may rely on paragraph 18 during the period beginning on the day specified on the subsequent certificate and ending on the day on which the Revenue and Customs —
a
revoke the subsequent certificate, or
b
issue an amended certificate to the individual.
9
The day so specified must not be earlier than 6th April 2006.
Reliance on section 220 (lifetime allowance enhancement: registration of pension credits)
6
1
This regulation applies if an individual acquires rights under a registered pension scheme in the circumstances specified in section 220(1).
2
The individual may give notice of intention to rely on section 220 .
3
If the individual intends to rely on section 220, the individual must give a notification to the Revenue and Customs on or before the closing date.
4
For the purposes of this regulation use the rules in this paragraph to find the closing date.
First rule: Find the 31st January following the tax year in which the pension sharing order or provision takes effect.
Second rule: Find the 31st January five years after that.
The date so found is the closing date.
5
Paragraph (6) applies if —
a
the individual gives the notification to the Revenue and Customs, and
b
the Revenue and Customs issue a certificate to the individual in response to the giving of the notification.
6
The individual may rely on section 220 during the period beginning on the day on which the pension sharing order or provision takes effect and ending on the day on which the Revenue and Customs —
a
revoke the certificate, or
b
issue an amended certificate to the individual.
7
Paragraph (8) applies if the Revenue and Customs —
a
issue a certificate to which paragraph (6) applies to the individual, and
b
later issue an amended certificate (“the subsequent certificate”) to the individual.
8
The individual may rely on section 220 during the period beginning on the day specified on the subsequent certificate and ending on the day on which the Revenue and Customs —
a
revoke the subsequent certificate, or
b
issue an amended certificate to the individual.
Reliance on section 221 (lifetime allowance enhancement: relevant overseas individuals)
7
1
This regulation applies if, at any time on or after 6th April 2006, an individual is a relevant overseas individual during any part of a period that is the active membership period in relation to an arrangement relating to the individual.
2
The individual may give notice of intention to rely on section 221.
3
If the individual intends to rely on section 221, the individual must give a notification to the Revenue and Customs on or before the closing date.
4
For the purposes of this regulation use the rules in this paragraph to find the closing date.
First rule: Find the 31st January following the tax year in which the accrual period ends (see paragraph (10)).
Second rule: Find the 31st January five years after that.
The date so found is the closing date.
5
Paragraph (6) applies if —
a
the individual gives the notification to the Revenue and Customs, and
b
the Revenue and Customs issue a certificate to the individual in response to the giving of the notification.
6
The individual may rely on section 221 during the period beginning on the accrual day (see paragraph (10)) and ending on the day on which the Revenue and Customs —
a
revoke the certificate, or
b
issue an amended certificate to the individual.
7
Paragraph (8) applies if the Revenue and Customs —
a
issue a certificate to which paragraph (6) applies to the individual, and
b
later issue an amended certificate (“the subsequent certificate”) to the individual.
8
The individual may rely on section 221 during the period beginning on the day specified on the subsequent certificate and ending on the day on which the Revenue and Customs —
a
revoke the subsequent certificate, or
b
issue an amended certificate to the individual.
9
The day so specified must not be earlier than the accrual day.
10
For the purposes of this regulation —
a
the accrual period ends —
i
when the individual ceases to be a relevant overseas individual,
ii
immediately before a benefit crystallisation event occurring in relation to the arrangement relating to the individual, or
iii
when benefits cease to accrue to or in respect of the individual under the arrangement,
whichever is the earliest; and
b
“the accrual day” is the day on which the accrual period ends.
Reliance on section 224 (lifetime allowance enhancement: transfer from recognised overseas pension scheme)
8
1
This regulation applies if, in relation to an individual, there is a recognised overseas scheme transfer in the circumstances specified in section 224(1).
2
The individual may give notice of intention to rely on section 224.
3
If the individual intends to rely on section 224, the individual must give a notification to the Revenue and Customs on or before the closing date.
4
For the purposes of this regulation use the rules in this paragraph to find the closing date.
First rule: Find the 31st January following the tax year in which the recognised overseas scheme transfer takes place.
Second rule: Find the 31st January five years after that.
The date so found is the closing date.
5
Paragraph (6) applies if —
a
the individual gives the notification to the Revenue and Customs, and
b
the Revenue and Customs issue a certificate to the individual in response to the giving of the notification.
6
The individual may rely on section 224 during the period beginning on the day on which the recognised overseas scheme transfer takes place and ending on the day on which the Revenue and Customs —
a
revoke the certificate, or
b
issue an amended certificate to the individual.
7
Paragraph (8) applies if the Revenue and Customs —
a
issue a certificate to which paragraph (6) applies to the individual, and
b
later issue an amended certificate (“the subsequent certificate”) to the individual.
8
The individual may rely on section 224 during the period beginning on the day specified on the subsequent certificate and ending on the day on which the Revenue and Customs —
a
revoke the subsequent certificate, or
b
issue an amended certificate to the individual.
Loss of enhanced protection
Loss of enhanced protection
9
1
This regulation applies if conditions A to F are met.
2
Condition A is that an individual has one or more relevant existing arrangements (within the meaning given by paragraph 12(4) of Schedule 36).
3
Condition B is that the lump sum condition specified in paragraph 24(2) of Schedule 36 is met in relation to the individual.
4
Condition C is that the first notice requirement condition specified in paragraph 24(5) of Schedule 36 is not met in relation to the individual.
5
Condition D is that the second notice requirement condition specified in paragraph 24(6) of Schedule 36 is met in relation to the individual.
6
Condition E is that the individual has a certificate issued under regulation 4 on which the individual may rely.
7
Condition F is that paragraph 12 of Schedule 36 has ceased to apply to the individual.
8
Paragraph 31 of Schedule 36 applies in relation to the individual and to a registered pension scheme which is a protected pension scheme.
9
In paragraph (8) “protected pension scheme” has the meaning given by paragraph 31 of Schedule 36.
Notifications
Form of notification
10
1
A notification must be in a form prescribed by the Commissioners for Her Majesty’s Revenue and Customs.
2
The individual must sign and date the notification.
Preservation of documents
11
1
This regulation applies if —
a
an individual gives a notification to the Revenue and Customs, and
b
the Revenue and Customs issue a certificate to the individual in response to the giving of the notification.
2
The individual must preserve all documents relating to the information given in the notification for a period of six years beginning with the day on which the individual gives the notification to the Revenue and Customs.
Late submission of notification
12
1
This regulation applies if an individual —
a
gives a notification to the Revenue and Customs after the closing date,
b
had a reasonable excuse for not giving the notification on or before the closing date, and
c
gives the notification without unreasonable delay after the reasonable excuse ceased.
2
If the Revenue and Customs are satisfied that paragraph (1) applies, they must consider the information provided in the notification.
3
If there is a dispute as to whether paragraph (1) applies, the individual may require the Revenue and Customs to give notice of their decision to refuse to consider the information provided in the notification.
4
If the Revenue and Customs gives notice of their decision to refuse to consider the information provided in the notification, the individual may appeal to the Commissioners.
5
The appeal is to the General Commissioners, except that the individual may elect (in accordance with section 46(1) of the Taxes Management Act 1970 ) to bring the appeal before the Special Commissioners instead of the General Commissioners.
6
The notice of appeal must be given to the Revenue and Customs within 30 days after the day on which notice of their decision is given to the individual.
7
On an appeal, the Commissioners shall determine whether the individual gave the notification to the Revenue and Customs in the circumstances specified in paragraph (1).
8
If the Commissioners allow the appeal, they shall direct the Revenue and Customs to consider the information provided in the notification.
Procedure on giving of notifications
Procedure on giving of notification to the Revenue and Customs
13
1
If an individual gives a notification to the Revenue and Customs, and there are no obvious errors or omissions in the notification (whether errors of principle, arithmetical mistakes or otherwise), the Revenue and Customs must issue a certificate to the individual.
2
If an individual gives a notification to the Revenue and Customs, and there are obvious errors or omissions in the notification (whether errors of principle, arithmetical mistakes or otherwise), the Revenue and Customs must return the notification to the individual.
Appeal against refusal to issue certificate
14
1
This regulation applies if there is a dispute as to whether the Revenue and Customs are entitled to take the view that there are obvious errors or omissions in the notification (whether errors of principle, arithmetical mistakes or otherwise).
2
The individual may require the Revenue and Customs to give notice of their decision to refuse to issue a certificate.
3
If the Revenue and Customs give notice of their decision to refuse to issue a certificate, the individual may appeal to the Commissioners.
4
The appeal is to the General Commissioners, except that the individual may elect (in accordance with section 46(1) of the Taxes Management Act 1970) to bring the appeal before the Special Commissioners instead of the General Commissioners.
5
The notice of appeal must be given to the Revenue and Customs within 30 days after the day on which notice of their decision is given to the individual.
6
On an appeal, the Commissioners shall determine whether the Revenue and Customs were entitled to take the view that there were obvious errors or omissions in the notification (whether errors of principle, arithmetical mistakes or otherwise).
7
If the Commissioners allow the appeal, they may direct the Revenue and Customs to issue a certificate to the individual with effect from a date specified by the Commissioners.
Certificates
General
15
1
A certificate must be in a form prescribed by the Commissioners for Her Majesty’s Revenue and Customs.
2
A certificate must have a unique reference number.
3
An individual to whom a certificate is issued must preserve the certificate until no further benefit crystallisation event can occur.
Aggregate certificates
16
1
This regulation applies if —
a
an individual is a relevant overseas individual during any part of a period that is the active membership period in relation to an arrangement relating to an individual, and
b
condition A, B or C is met.
2
Condition A is that —
a
the individual has given a notification under regulation 7 to the Revenue and Customs in relation to a part of the active membership period, and
b
the individual gives a further notification under regulation 7 to the Revenue and Customs in relation to a further part of the same active membership period.
3
Condition B is that —
a
the Revenue and Customs have issued a certificate to an individual in response to a notification under regulation 7 given by the individual in relation to a part of the active membership period, and
b
the individual gives a further notification under regulation 7 to the Revenue and Customs in relation to a further part of the same active membership period.
4
Condition C is that —
a
the Revenue and Customs have issued a certificate to an individual in response to a notification under regulation 7 given by the individual in relation to a part of the active membership period, and
b
the Revenue and Customs issue a further certificate to the individual in response to a further notification under regulation 7 given by the individual in relation to a further part of the same active membership period.
5
The individual may require the Revenue and Customs to issue a single certificate (an “aggregate certificate”) to the individual.
6
An aggregate certificate supersedes the certificates mentioned in paragraphs (3)(a) and (4).
7
If the Revenue and Customs issue an aggregate certificate to an individual, paragraphs (6) to (10) of regulation 7 apply as if the aggregate certificate were the certificate referred to in paragraph (5)(b) of that regulation.
8
Any notification mentioned in this regulation must be given on or before the closing date; and regulation 7 applies to find the closing date for a notification mentioned in this regulation in the same way as it applies to find the closing date for a notification given under that regulation.
Incorrect information given in connection with notification
17
1
This regulation applies if —
a
after the giving of a notification, the Revenue and Customs have issued a certificate (“the first certificate”) to an individual, and
b
either condition A or condition B is met.
2
Condition A is that the individual informs the Revenue and Customs that information given in the notification was incorrect or has become incorrect.
3
Condition B is that the individual informs the Revenue and Customs that information given in connection with the notification was incorrect or has become incorrect.
4
The Revenue and Customs may revoke the first certificate and issue an amended certificate to the individual.
5
The amended certificate supersedes the first certificate.
6
If an individual realises that any information given in the notification, or given in connection with the notification, was incorrect or has become incorrect, the individual must inform the Revenue and Customs without undue delay.
7
If condition A is met, the individual must inform the Revenue and Customs in a form prescribed by the Commissioners for Her Majesty’s Revenue and Customs.
Incorrect information given in certificate
18
1
This regulation applies if —
a
the Revenue and Customs have issued a certificate (“the first certificate”) to an individual, and
b
the individual informs the Revenue and Customs that information given in the certificate was incorrect or has become incorrect.
2
The Revenue and Customs may —
a
revoke the first certificate,
b
revoke the first certificate and issue an amended certificate to the individual, or
c
issue an additional certificate to the individual.
3
The amended certificate supersedes the first certificate.
4
This regulation is subject to regulation 16.
5
If an individual realises that any information given in the certificate was incorrect or has become incorrect, the individual must inform the Revenue and Customs without undue delay.
Further supply of information given in certificate
19
1
This regulation applies if, after the Revenue and Customs have issued a certificate to an individual, the individual no longer possesses information given in the certificate.
2
The individual may require the Revenue and Customs to give the information to the individual.
Compliance
Review of notification after certificate issued
20
1
This regulation applies if —
a
an individual has given a notification to the Revenue and Customs, and
b
the Revenue and Customs have issued a certificate to the individual in response to the giving of the notification.
2
The Revenue and Customs may review any information given —
a
in the notification, or
b
in connection with the notification.
3
The Revenue and Customs may begin a review under this regulation at any time within a period of twelve months beginning with the day on which the notification was given to them.
4
The procedure to be followed on the review is set out in regulation 22.
Review of notification after receipt of further information
21
1
This regulation applies if —
a
an individual has given a notification to the Revenue and Customs,
b
the Revenue and Customs have issued a certificate to the individual in response to the giving of the notification, and
c
after the certificate has been issued, the Revenue and Customs have reason to believe that information given in the notification, given in connection with the notification, or given in the certificate, either was incorrect or has become incorrect.
2
The Revenue and Customs may review any information given in the notification, in connection with the notification, or in the certificate.
3
The Revenue and Customs may begin a review under this regulation at any time.
4
The procedure to be followed on the review is set out in regulation 22.
Reviews of notifications: procedure to be followed
22
1
This regulation applies if the Revenue and Customs decide to begin a review under regulation 20 or 21.
2
The Revenue and Customs must give notice to the individual requiring the individual to provide any information, particulars and documents specified in the notice which the Revenue and Customs may reasonably require.
3
A notice under this regulation must specify the period within which it is to be complied with; and that period may not end earlier than the period of 30 days beginning with the day on which the notice is given.
4
An individual may comply with a notice under this regulation requiring the production of a document by producing a copy of the document.
5
But where an individual produces a copy of a document in compliance with a notice under this regulation, the Revenue and Customs may by notice require the production of the original for inspection within a period specified in the notice; and that period may not end earlier than the period of 30 days beginning with the day on which the notice is given.
6
The Revenue and Customs may take copies of, or make extracts from, any document produced in compliance with a notice under this section.
7
A notice under this section does not require an individual —
a
to produce or make available for inspection any document, or
b
to provide any particulars,
relating to any pending appeal by the individual relating to tax.
Appeals against notices under regulation 22
23
Section 253 (appeal against notices) applies to a notice under regulation 22 as it applies to a notice under section 252(1).
Revocation or amendment of certificate
24
1
The Revenue and Customs may revoke or amend a certificate at any time if —
a
after the certificate has been issued, the Revenue and Customs have reason to believe that any information given in the notification, given in connection with the notification, or given in the certificate, either was incorrect or has become incorrect, or
b
after notice has been given to an individual under regulation 22, the individual does not reply to the notice within the time specified in the notice.
2
If the Revenue and Customs revoke or amend a certificate, they must give notice to the individual of the revocation or amendment.
3
The individual may appeal to the Commissioners against the revocation or amendment of the certificate.
4
The appeal is to the General Commissioners, except that the individual may elect (in accordance with section 46(1) of the Taxes Management Act 1970) to bring the appeal before the Special Commissioners instead of the General Commissioners.
5
The notice of appeal must be given to the Revenue and Customs within 30 days after the day on which notice of the revocation or amendment is given to the individual.
6
On an appeal, the Commissioners shall determine whether the Revenue and Customs revoked or amended the certificate in the circumstances specified in paragraph (1).
7
If the Commissioners allow the appeal, they may direct the Revenue and Customs to issue a certificate to the individual with effect from a date specified by the Commissioners.
8
If the Revenue and Customs revoke a certificate and, on appeal, the Commissioners determine that the certificate should have been amended, the Commissioners shall order that the certificate shall be amended in such terms as the Commissioners may specify.
9
If the Revenue and Customs amend a certificate and, on appeal, the Commissioners determine that the certificate should have been amended in other terms, the Commissioners shall order that the certificate shall be amended in such terms as the Commissioners may specify.
Supplementary
Special classes of individuals
25
1
If an individual is a person who is incapable, by reason of mental disorder, of managing and administering his property and affairs, anything under these Regulations which could have been done by the individual may be done —
a
in England and Wales or Northern Ireland, by the individual’s attorney or receiver, or the person managing and administering the individual’s property and affairs,
b
in Scotland, by the individual’s guardian within the meaning of the Adults with Incapacity (Scotland) Act 2000 , and
c
in a country or territory outside the United Kingdom, by a person authorised by a Court having jurisdiction, in that country or territory, to regulate the property and affairs of an individual to whom this paragraph applies.
2
If an individual is a person who is suffering from a physical disability, by reason of which that person has difficulty executing documents in respect of the management and administration of his property and affairs, anything under these Regulations which could have been done by the individual may be done —
a
in the United Kingdom, by a person having a power of attorney in relation to the individual’s property and affairs, and
b
in a country or territory outside the United Kingdom, by a person authorised, under the laws of that country or territory, to execute documents in relation to the individual’s property and affairs.
Personal representatives
26
If an individual dies, anything under these Regulations which could have been done by the individual may be done by the individual’s personal representatives.
Paul Gray
Mike Eland
Two of the Commissioners for Her Majesty’s Revenue and Customs
25th January 2006


text:
Citation and commencement
1
1
These Regulations may be cited as the Social Security (Miscellaneous Amendments) (No. 2) Regulations 2006.
2
These Regulations shall come into force on 10th April 2006 except for regulation 3 which shall come into force on 24th July 2006.
Amendment of the Social Security (Claims and Payments) Regulations 1987
2
1
The Social Security (Claims and Payments) Regulations 1987 are amended as follows.
2
In regulation 2(1) (interpretation) omit the definition of “instrument for benefit payment” .
3
In regulation 4(6A) (making a claim for benefit) —
a
after sub-paragraph (b) omit “or”;
b
at the end of sub-paragraph (c) add “; or”; and
c
after sub-paragraph (c) add —
d
who has not attained the qualifying age and who makes a claim for a disability living allowance or a carer’s allowance.
.
4
In regulation 6 (date of claim) —
a
after paragraph (1C) insert —
1D
Subject to paragraph (1E) and without prejudice to the generality of paragraph (1), where a properly completed claim for incapacity benefit is received in an appropriate office within one month of the claimant first notifying such an office, by whatever means, of his intention to make that claim, the date of claim shall be the date on which that notification is made or the first day in respect of which the claim is made if later.
1E
For the purposes of paragraph (1D), a person who has attained the qualifying age may notify his intention and may send or deliver his claim to an office specified in regulation 4(6B) .
;
b
in paragraph (17) omit sub-paragraph (b);
c
in paragraph (22) for “and (30)” substitute “, (30) and (33)”;
d
in paragraph (26) for “18(a) and (c), 21(a), 24 and in paragraph 18(b)” substitute “(18)(a) and (c), (21)(a), (24) and (30) and in paragraph (18)(b)”; and
e
after paragraph (32) add —
33
Where a person makes a claim for a carer’s allowance within 3 months of a decision made —
a
on a claim;
b
on revision or supersession; or
c
on appeal whether by an appeal tribunal, a Commissioner or the court,
awarding a qualifying benefit to the disabled person, the date of claim is the first day in respect of which that qualifying benefit is payable.
.
5
In regulation 6A(2) (claims by persons subject to work-focused interviews) after sub-paragraph (c) add —
d
without prejudice to sub-paragraphs (a) and (b), where a properly completed claim for incapacity benefit is received in an appropriate office within one month of the claimant first notifying such an office, by whatever means, of his intention to make that claim, the date of claim shall be the date on which that notification is made or the first day in respect of which the claim is made if later.
.
6
For regulation 20 and its heading (time and manner of payment: general provision) substitute —
Time of payment: general provision
20
Subject to regulations 21 to 26B, benefit shall be paid in accordance with an award as soon as is reasonably practicable after the award has been made.
.
7
Regulation 20A (payment on presentation of an instrument for benefit payment) shall be omitted.
8
In regulation 21(1) (direct credit transfer) after “person claiming or entitled to it” insert “or person appointed under regulation 33 or specified in regulation 33(1)(c) or (d)”.
9
In regulation 26 (income support) —
a
in paragraph (1) (payment) omit “manner in and”; and
b
omit paragraphs (2) and (3) (amounts paid by a book of serial orders).
10
In regulation 26B (state pension credit) —
a
in paragraph (1) for “, where state pension credit is payable in accordance with paragraph (3)(a), to the provisions of regulation 21 (direct credit transfer)” substitute “to regulation 21 where payment is by direct credit transfer”;
b
omit paragraph (3) (manner of payment);
c
in paragraph (4) for “in accordance with paragraph (3)(b)” substitute “otherwise than in accordance with regulation 21”; and
d
omit paragraphs (6) and (7) (amounts paid by a book of serial orders).
11
In regulation 38(1) (extinguishment of right to payment of sums by way of benefit where payment is not obtained within the prescribed period) —
a
omit sub-paragraph (aa) (payment by an instrument for benefit payment); and
b
in sub-paragraph (c) omit “(aa),”.
12
For regulation 47 and its heading (instruments of payment, etc and instruments for benefit payment) substitute —
Instruments of payment
47
1
Instruments of payment issued by the Secretary of State shall remain his property.
2
Any person having an instrument of payment shall, on ceasing to be entitled to the benefit to which the instrument relates, or when so required by the Secretary of State, deliver it to the Secretary of State or such other person as he may direct.
.
13
For the heading to Schedule 7 (manner and time of payment, and commencement of entitlement in income support cases) and paragraph 1 of that Schedule substitute —
TIME OF PAYMENT AND COMMENCEMENT OF ENTITLEMENT IN INCOME SUPPORT CASES
1
Except as otherwise provided in these Regulations income support shall be paid in arrears in accordance with the award.
.
14
In Schedule 9 (deductions from benefit and direct payment to third parties) in paragraph 4(2A) (miscellaneous accommodation costs) for “£18.80” each time it appears substitute “£19.60”.
Further amendment of the Social Security (Claims and Payments) Regulations 1987
3
1
The Social Security (Claims and Payments) Regulations 1987 are further amended as follows.
2
In regulation 4D (making a claim for state pension credit) —
a
in paragraph (3) omit “by telephone to, or”;
b
in paragraph (6) omit “or by telephone”;
c
after paragraph (6) insert —
6A
A claim for state pension credit may be made by telephone call to the telephone number specified by the Secretary of State.
6B
Where the Secretary of State, in any particular case, directs that the person making the claim approves a written statement of his circumstances, provided for the purpose by the Secretary of State, a claim made by telephone is not a valid claim unless the person complies with the direction.
6C
A claim made by telephone in accordance with paragraph (6A) is defective unless the Secretary of State is provided, during that telephone call, with all the information he requires to determine the claim.
6D
Where a claim made by telephone in accordance with paragraph (6A) is defective, the Secretary of State is to provide the person making it with an opportunity to correct the defect.
6E
If the person corrects the defect within one month, or such longer period as the Secretary of State considers reasonable, of the date the Secretary of State last drew attention to the defect, the Secretary of State shall treat the claim as if it had been duly made in the first instance.
; and
d
in paragraph (12) for “Paragraph (11) does” substitute “Paragraphs (6E) and (11) do”.
3
In regulation 4F(2) (making a claim after attaining the qualifying age: date of claim) —
a
in sub-paragraph (b) after “4D(3)” insert “or (6A)”; and
b
in sub-paragraph (c) for “4D(11)” substitute “4D(6E) or (11)”.
4
In regulation 5(1) (amendment and withdrawal of claim) after “regulation 4(11)” insert “or 4D(6A)”.
Amendment of the Jobseeker’s Allowance Regulations 1996
4
In regulation 24(7) of the Jobseeker’s Allowance Regulations 1996 (provision of information and evidence) for “in writing (unless the Secretary of State determines in any particular case to accept notice given otherwise than in writing) to the appropriate office” substitute —
of the change to an office of the Department for Work and Pensions specified by the Secretary of State —
in writing or by telephone (unless the Secretary of State determines in any particular case that notice must be in writing or may be given otherwise than in writing or by telephone); or
in writing if in any class of case he requires written notice (unless he determines in any particular case to accept notice given otherwise than in writing)
.
Amendment of the Social Security and Child Support (Decisions and Appeals) Regulations 1999
5
1
The Social Security and Child Support (Decisions and Appeals) Regulations 1999 are amended as follows.
2
In regulation 3 (revision of decisions) —
a
in paragraph (7B) after “successful” add “or lapses”;
b
in paragraph (7C) —
i
after “incapable of work and” insert “the decision which embodies that determination is revised or”; and
ii
for “that embodies” substitute “which embodies”; and
c
after paragraph (7E) insert —
7F
A decision under regulation 17(1)(d) of the Income Support Regulations that a person is no longer entitled to a disability premium because of a determination that he is not incapable of work may be revised where the decision which embodies that determination is revised or his appeal against the decision is successful.
.
3
In regulation 7 (date from which a decision superseded under section 10 takes effect) —
a
in paragraph (2)(c) —
i
omit head (iii); and
ii
after head (ii) add —
iv
in the case of a disability benefit decision, where the change of circumstances is not in relation to the disability determination embodied in or necessary to the disability benefit decision, from the date of the change; or
v
in any other case, except in the case of a decision which supersedes a disability benefit decision, from the date of the change.
; and
b
for paragraph (7) substitute —
7
A decision which is superseded in accordance with regulation 6(2)(e) or (ee) shall be superseded —
a
subject to sub-paragraph (b), from the date on which entitlement arises to the other relevant benefit referred to in regulation 6(2)(e)(ii) or (ee) or to an increase in the rate of that other relevant benefit; or
b
where the claimant or his partner —
i
is not a severely disabled person for the purposes of section 135(5) of the Contributions and Benefits Act (the applicable amount) or section 2(7) of the State Pension Credit Act (guarantee credit)
ii
by virtue of his having —
aa
a non-dependant as defined by regulation 3 of the Income Support Regulations; or
bb
a person residing with him for the purposes of paragraph 1 of Schedule 1 to the State Pension Credit Regulations whose presence may not be ignored in accordance with paragraph 2 of that Schedule,
at the date the superseded decision would, but for this sub-paragraph, have had effect,
from the date on which the claimant or his partner ceased to have a non-dependant or person residing with him or from the date on which the presence of that person was first ignored.
.
4
In Schedule 3B (date on which change of circumstances takes effect where claimant entitled to state pension credit) after paragraph 6 add —
7
Where an amount of state pension credit payable under an award is changed by a superseding decision specified in paragraph 8 the superseding decision shall take effect from the day specified in paragraph 1(b).
8
The following are superseding decisions for the purposes of paragraph 7 —
a
a decision which supersedes a decision specified in regulation 6(2)(b) to (ee) and (m); and
b
a superseding decision which would, but for paragraphs 2 and 7, take effect from a date specified in regulation 7(5) to (7), (12) to (16) and (29C).
.
Amendment of the Social Security (Notification of Change of Circumstances) Regulations 2001
6
In regulation 3(1) of the Social Security (Notification of Change of Circumstances) Regulations 2001 (changes affecting jobseeker’s allowance) —
a
omit “or sent”;
b
omit “in writing (except where he determines in any particular case that he will accept notice other than in writing)”; and
c
after “1996” add —
a
in writing or by telephone (unless the Secretary of State determines in any particular case that notice must be in writing or may be given otherwise than in writing or by telephone); or
b
in writing if in any class of case he requires written notice (unless he determines in any particular case to accept notice given otherwise than in writing).
.
Revocations
7
The following regulations, which provide for instruments for benefit payment, shall be revoked —
a
the Social Security (Claims and Payments) Amendment (No. 4) Regulations 1994 ; and
b
regulations 2(2), (5) to (8), 4 and 5 of the Social Security (Claims and Payments Etc.) Amendment Regulations 1996 .
Signed by authority of the Secretary of State for Work and Pensions.
Anne McGuire
Parliamentary Under Secretary of State,
Department for Work and Pensions
20th March 2006


text:
Citation and commencement
1
This Order may be cited as the General Dental Council (Constitution of Committees) Order of Council 2006 and shall come into force on 31st July 2006.
Constitution of the Health Committee, Interim Orders Committee, Investigating Committee, Professional Conduct Committee, Professional Performance Committee and Registration Appeals Committee
2
1
The Health Committee, the Interim Orders Committee, the Investigating Committee, the Professional Conduct Committee, the Professional Performance Committee and the Registration Appeals Committee shall each consist of five natural persons, of good character, who are fit and proper persons to act as members of a committee of the Council.
2
Of those five persons —
a
at least one shall be a natural person who is neither a registered dentist nor a registered dental care professional;
b
at least one shall be a registered dentist; and
c
in any case concerning a person’s registration in the dental care professionals register, at least one shall be a registered dental care professional.
Revocations
3
Subject to article 4, the following are revoked —
a
the General Dental Council (Constitution of Committees) Order of Council 2003 ; and
b
the General Dental Council (Constitution of Committees) Amendment Order of Council 2003 .
Saving
4
The General Dental Council (Constitution of Committees) Order of Council 2003 shall continue in force for the purposes of the exercise of functions by the committees to which that Order applies in accordance with Schedule 7 to the Dentists Act 1984 (Amendment) Order 2005 or the Dentists Act 1984 (Amendment) Order 2005 Transitional Provisions Order of Council 2006 .
A K Galloway
Clerk of the Privy Council