The Social Security (Miscellaneous Amendments) Regulations 2008

Acts of Parliament

Miscellaneous

Crown Copyright Acknowledged

STATUTORY INSTRUMENTS

The Social Security (Miscellaneous Amendments) Regulations 2008


	Made		11th March 2008
	Laid before Parliament		17th March 2008
	Coming into force in accordance with regulation 1

	The Secretary of State for Work and Pensions makes the following Regulations in the exercise of the powers conferred by—

	– sections 123(1)(a), (d) and (e), 124(1)(d) and (e), 135(1), 136(3), (5)(a) to (c), 137(1) and (2)(d) and 175(1) to (4) of the Social Security Contributions and Benefits Act 1992(1),

	– sections 5(1)(p), 189(1) and (3) to (5) of the Social Security Administration Act 1992(2),

	– sections 4(5), 12(2), (4)(a) and (b), 35(1) and 36(1), (2) and (4) and paragraphs 1(2)(a) and 3(b) of Schedule 1 to the Jobseekers Act 1995(3),

	– sections 2(3)(b) and (6), 17(1) and 19(1) of the State Pension Credit Act 2002(4).

	The Social Security Advisory Committee has agreed that the proposals in respect of these Regulations should not be referred to it(5).

	In respect of the provisions in these Regulations relating to housing benefit and council tax benefit, the Secretary of State has consulted the organisations appearing to him to be representative of the authorities concerned(6).

1-	Citation, commencement and interpretation

	(1)	These Regulations may be cited as the Social Security (Miscellaneous Amendments) Regulations 2008 and, subject to paragraphs (2) and (3), shall come into force on 14th April 2008.
	(2)	This regulation and regulations 2(6), (14)(b) and (15)(c), 4(11), (16)(a) and (17)(b), 6(3), (5)(a) and (6)(b) and 7(3), (5)(a) and (6)(b), in so far as they relate to a particular beneficiary, shall come into force on the first day of the first benefit week to commence for that beneficiary on or after 7th April 2008.

	(3)	Regulation 4(14)(a) and (b), in so far as it relates to a particular beneficiary, shall come into force on 7th April 2008, immediately after Article 24(3) of and Schedule 14 to the Social Security Benefits Up-rating Order 2008(7) comes into force.
	(4)	In paragraph (2), “benefit week” has the same meaning as in—

		(a)	regulation 2(1) of the Income Support (General) Regulations 1987(8), so far as it relates to regulations 2(6), (14)(b) and (15)(c);
		(b)	regulation 1(3) of the Jobseeker’s Allowance Regulations 1996(9), so far as it relates to regulations 4(11), (16)(a) and (17)(b);
		(c)	regulation 2(1) of the Housing Benefit Regulations 2006(10), so far as it relates to regulations 6(3), (5)(a) and (6)(b);
		(d)	regulation 2(1) of the Council Tax Benefit Regulations 2006(11), so far as it relates to regulations 7(3), (5)(a) and (6)(b).

2-	Amendment of the Income Support (General) Regulations 1987

	(1)	The Income Support (General) Regulations 1987 are amended as follows.
	(2)	In regulation 2(1) (interpretation)(12) omit the definition of “Intensive Activity Period for 50 plus”.

	(3)	In regulation 5(5) (persons treated as engaged in remunerative work)(13) for “35(1)(b) to (d) and (i)” substitute “35(1)(b) and (d)”.
	(4)	In regulation 13 (circumstances in which persons in relevant education are to be entitled to income support)—

		(a)	in paragraph (2)(14) after “a person who” insert “(subject to paragraph (2A))”;
		(b)	after paragraph (2) insert—

“(2A)

For the purposes of paragraph (2)—

		(a)	the eligible person shall be treated as satisfying the condition prescribed in regulation 8 of the Child Benefit (General) Regulations 2006(15) (child benefit not payable in respect of qualifying young person: other financial support);
		(b)	where sub-paragraphs (c) to (e) apply, the eligible person shall be treated as satisfying the condition prescribed in regulation 5(2)(e) and (f) of the Child Benefit (General) Regulations 2006 (extension period: 16 and 17 year olds).”.

(5)

In regulation 29 (calculation of earnings derived from employed earner’s employment and income other than earnings)—

		(a)	for sub-paragraph (2)(a)(16) substitute—

		“(a)	where the payment is monthly, a period equal to the number of weeks from the date on which the payment is treated as paid to the date immediately before the date on which the next monthly payment would have been so treated as paid whether or not the next monthly payment is actually paid;
		(aa)	where the payment is in respect of a period which is not monthly, a period equal to the length of the period for which payment is made;”;

		(b)	omit paragraphs (4B)(17) and (4D)(b)(18).

(6)

In regulation 30 (calculation of earnings of self-employed earners)—

		(a)	in paragraph (2), for “royalties or sums paid periodically for or in respect of any copyright” substitute “any items to which paragraph (2A) applies”;
		(b)	after that paragraph insert—

“(2A)

This paragraph applies to—

		(a)	royalties;
		(b)	sums paid periodically for or in respect of any copyright;
		(c)	payments in respect of any book registered under the Public Lending Right Scheme 1982.”.

(7)

In regulation 35 (earnings of employed earners)(19) omit paragraphs (1)(i)(i), (1A) and (3)(b).

(8)

In—

		(a)	regulation 42(4ZA)(c)(iia) and (6A)(b)(i) (notional income)(20),
		(b)	regulation 51(3A)(b)(iia) (notional capital)(21), and
		(c)	paragraphs 4(4A)(a), 14(1)(ee)(i), (3B) and (12)(c)(iv) of Schedule 3 (housing costs)(22),
			omit “or in the Intensive Activity Period for 50 plus”.

	(9)	In regulation 48 (income treated as capital)(23) omit paragraph (11).
	(10)	In regulation 72(2) (assessment of income and capital in urgent cases)(24) for “Part II of the Social Security and Housing Benefits Act 1982” substitute “Part 7 of the Contributions and Benefits Act”.

	(11)	In Schedule 1B (prescribed categories of person)(25) omit paragraphs 26 and 27.
	(12)	In paragraph 7(1)(b) of Schedule 2 (applicable amounts)(26) omit “for Employment”.

	(13)	In paragraph 14(3ZA)(a) of Schedule 3 (housing costs)(27) omit “, in the Intensive Activity Period for 50 plus”.
	(14)	In Schedule 9 (sums to be disregarded in the calculation of income other than earnings)—

		(a)	in paragraph 4(28) for “of statutory sick pay under Part 1 of the Social Security and Housing Benefits Act 1982 or statutory maternity pay under Part V of the Act, statutory paternity pay under Part 12ZA of the Contributions and Benefits Act, statutory adoption pay under Part” substitute “under Parts 11 to”;
		(b)	for paragraph 28(29) substitute—

“28.

(1)	Any payment made by a local authority in accordance with—

		(a)	section 17, 23B, 23C or 24A of the Children Act 1989(30),
		(b)	section 12 of the Social Work (Scotland) Act 1968(31), or
		(c)	section 29 or 30 of the Children (Scotland) Act 1995(32).

(2)

Any payment (or part of a payment) made by a local authority in accordance with section 23C of the Children Act 1989 or section 29 of the Children (Scotland) Act 1995 (local authorities’ duty to promote welfare of children and powers to grant financial assistance to persons in, or formerly in, their care) to a person (“A”) which A passes on to the claimant.

(3)

Sub-paragraphs (1) and (2) are subject to the following provisions.

(4)

Neither of those sub-paragraphs applies where the claimant is a person—

		(a)	to whom section 126 of the Contributions and Benefits Act (trade disputes) applies, or
		(b)	in respect of whom section 124(1) of the Contributions and Benefits Act (conditions of entitlement to income support) has effect as modified by section 127 of that Act (effect of return to work).

(5)

Sub-paragraph (2) applies only where A—

		(a)	was formerly in the claimant’s care, and
		(b)	is aged 18 or over, and
		(c)	continues to live with the claimant.”;

		(c)	omit paragraphs 41 and 42(33);
		(d)	for paragraph 46(34) substitute—

“46.

Any payment in consequence of a reduction of council tax under section 13 or 80 of the Local Government Finance Act 1992(35) (reduction of liability for council tax).”.

(15)

In Schedule 10 (capital to be disregarded)—

		(a)	in paragraph 7(1)(36), for paragraph (b) substitute—

		“(b)	an income-related benefit or an income-based jobseeker’s allowance, child tax credit or working tax credit under Part 1 of the Tax Credits Act 2002(37);”;

		(b)	in paragraph 10 omit “supplementary benefit or”;

		(c)	for paragraph 17(38) substitute—

“17.

(1)	Any payment made by a local authority in accordance with—

		(a)	section 17, 23B, 23C or 24A of the Children Act 1989,
		(b)	section 12 of the Social Work (Scotland) Act 1968, or
		(c)	section 29 or 30 of the Children (Scotland) Act 1995.

(2)

(3)

Sub-paragraphs (1) and (2) are subject to the following provisions.

(4)

Neither of those sub-paragraphs applies where the claimant is a person—

		(a)	to whom section 126 of the Contributions and Benefits Act (trade disputes) applies, or
		(b)	in respect of whom section 124(1) of the Contributions and Benefits Act (conditions of entitlement to income support) has effect as modified by section 127 of that Act (effect of return to work).

(5)

Sub-paragraph (2) applies only where A—

		(a)	was formerly in the claimant’s care, and
		(b)	is aged 18 or over, and
		(c)	continues to live with the claimant.”;

		(d)	omit paragraphs 32 and 33(39);
		(e)	in paragraph 36(40) omit “a personal community charge pursuant to regulations under section 13A of the Local Government Finance Act 1988 or section 9A of the Abolition of Domestic Rates Etc (Scotland) Act 1987 (reduction of liability for personal community charge) or reduction of”.

3-	Amendment of the Social Security (Claims and Payments) Regulations 1987

	(1)	The Social Security (Claims and Payments) Regulations 1987(41) are amended as follows.
	(2)	In Schedule 9 (deductions from benefit and direct payments to third parties)—

		(a)	in paragraph 5—

			(i)	in paragraph (1)(c)(42) before “he” insert “unless sub-paragraph (1A) applies,”;
			(ii)	at the appropriate place insert—

(1A)

This sub-paragraph applies where the rent includes charges for services included under paragraph 4A(1)(d) and the arrears for these services exceed £100.00.”;

			(iii)	in sub-paragraph (6)(43) after “(1)” insert “or (1A)”;
			(iv)	in sub-paragraph (7)(44) after “(1)” insert “or (1A)”;

		(b)	in paragraph 7C (eligible loans)(45)—

			(i)	in sub-paragraph (1), in the definition of “eligible lender”, at the appropriate place insert—

		(e)	a community interest company within the meaning of Part 2 of the Companies (Audit, Investigations and Community Enterprise) Act 2004(46),”;

			(ii)	in sub-paragraph (3), for “single borrower” substitute “single claimant” .

4-	Amendment of the Jobseeker’s Allowance Regulations 1996

	(1)	The Jobseeker’s Allowance Regulations 1996 are amended as follows.
	(2)	In regulation 1(3) (interpretation)(47)—

		(a)	in the definition of “employment zone contractor” omit “for Education and Employment”;
		(b)	omit the definition of “Intensive Activity Period for 50 plus”;
		(c)	in the definition of “training allowance” omit “for Education and Employment” in both places where it occurs.

(3)

In regulation 4 (interpretation of Parts 2, 4 and 5) in the definition of “appropriate office” for “Education and Employment” insert “Work and Pensions”.

(4)

In regulation 14(1)(k) (circumstances in which a person is to be treated as available) for “the Secretary of State for the Home Department with the Trust” substitute “the Scottish Ministers”.

(5)

In regulation 15(bc) (circumstances in which a person is not to be regarded as available)(48)—

		(a)	after “ordinary” insert “or additional”;
		(b)	after “75A” insert “or 75B”.

(6)

In regulation 19(1)(k) (circumstances in which a person is to be treated as actively seeking employment) for “the Secretary of State for the Home Department with the Trust” substitute “the Scottish Ministers”.

(7)

In regulation 48(2)(f)(ii) (linking periods)(49) for “, in the Intensive Activity Period specified in regulation 75(1)(a)(iv) or in the Intensive Activity Period for 50 plus” substitute “or in the Intensive Activity Period specified in regulation 75(1)(a)(iv)”.

(8)

In regulation 52(3) (persons treated as engaged in remunerative work)(50) for “98(1)(b) and (c)” substitute “98(1)(c)”.

(9)

In regulation 75(4) (interpretation)(51) omit “or the Intensive Activity period for 50 plus”.

(10)

For regulation 94(2)(a) (calculation of earnings derived from employed earner’s employment and income other than earnings) substitute—

		(a)	where the payment is monthly, a period equal to the number of weeks from the date on which the payment is treated as paid to the date immediately before the date on which the next monthly payment would have been so treated as paid whether or not the next monthly payment is actually paid;
		(aa)	where the payment is in respect of a period which is not monthly, a period equal to the length of the period for which payment is made;”.

(11)

In regulation 95 (calculation of earnings of self-employed earners)(52)—

		(a)	in paragraph (2) for “royalties or sums paid periodically for or in respect of any copyright” substitute “any items to which paragraph (2A) applies”;
		(b)	after that paragraph insert—

“(2A)

This paragraph applies to—

		(a)	royalties;
		(b)	sums paid periodically for or in respect of any copyright;
		(c)	payments in respect of any book registered under the Public Lending Right Scheme 1982.”.

(12)

In—

		(a)	regulation 105(10A)(c)(iia) and (13A)(b)(i) (notional income)(53); and
		(b)	regulation 113(3A)(b)(iia) (notional capital)(54),
			omit “in the Intensive Activity Period for 50 plus or”.

(13)

In regulation 149(2) (assessment of income and capital in urgent cases)(55) omit “or Part II of the Social Security and Housing Benefits Act 1982”.

(14)

In Schedule 1 (applicable amounts)—

		(a)	in paragraph 1(3)(e), for the entry in column (1) substitute—

		“(e)	where—

			(i)	both members are aged not less than 18; or
			(ii)	one member is aged not less than 18 and the other member is a person who is—

				(aa)	under 18, and
				(bb)	treated as responsible for a child;”;

		(b)	in paragraph 1(3)(f), after “where” insert “paragraph (e) does not apply and”;
		(c)	in paragraph 8(1)(b)(56) omit “for Education and Employment”.

(15)

In paragraphs 4(4A)(a), 13(1)(ee)(i), (3A)(a) and (14)(c)(iv) of Schedule 2 (housing costs)(57), omit “or in the Intensive Activity Period for 50 plus”.

(16)

In Schedule 7 (sums to be disregarded in the calculation of income other than earnings)—

		(a)	for paragraph 29(58) substitute—

1 2

Contents

Citation, commencement and interpretation

Amendment of the Income Support (General) Regulations 1987

Amendment of the Social Security (Claims and Payments) Regulations 1987

Amendment of the Jobseeker’s Allowance Regulations 1996

Amendment of the State Pension Credit Regulations 2002

Amendment of the Housing Benefit Regulations 2006

Amendment of the Council Tax Benefit Regulations 2006

EXPLANATORY NOTE

	Need Drafting Services?
	Visit our personal drafting service pages for bespoke drafting.
	Learn more...

	Legal Document Services
	Buy legal forms and documents prepared for your precise requirements.
	Learn more...


	After the event insurance.
	Advertisement