The Social Security (Back to Work Bonus and Lone Parent Run-on) (Amendment and Revocation) Regulations 2003
2003 No.1589
SOCIAL SECURITY
The Social Security (Back to Work Bonus and Lone Parent Run-on) (Amendment and Revocation) Regulations 2003
Made 17th June 2003
Laid before Parliament 25th June 2003
Coming into force in accordance with regulation 1(1)
The Secretary of State for Work and Pensions, in exercise of the powers conferred upon him by sections 123(1)(a), (d) and (e), 130(4), 131(10), 135(1), 136(3) and (5)(b), 137(1) and (2)(d), 175(1) and (3) to (5) of the Social Security Contributions and Benefits Act 19921, sections 26, 35(1) and (3) and 36(2) to (5) of the Jobseekers Act 19952and sections 1(1), 5(1)(a) and (b), 6(1)(a) and (b), 78(2), 128A(1), 189(1), (4) and (5) and 191 of the Social Security Administration Act 19923and of all other powers enabling him in that behalf, after consultation, in respect of provisions in these Regulations relating to housing benefit and council tax benefit, with organisations appearing to the Secretary of State to be representative of the authorities concerned4and after agreement by the Social Security Advisory Committee that proposals in respect of these Regulations should not be referred to it5hereby makes the following Regulations:
Citation commencement and interpretation
1.—(1) These Regulations may be cited as the Social Security (Back to Work Bonus and Lone Parent Run-on) (Amendment and Revocation) Regulations 2003 and shall come into force on 25th October 2004 with the exception of regulation 6 which shall come into force on 29th January 2005 and regulation 9 which shall come into force on 28th January 2006.
(2) In these Regulations–
(a)
(a) “the Back to Work Bonus Regulations” means the Social Security (Back to Work Bonus) (No. 2) Regulations 19966;
(b)
(b) “the Claims and Payments Regulations” means the Social Security (Claims and Payments) Regulations 19877;
(c)
(c) “the Council Tax Benefit Regulations” means the Council Tax Benefit (General) Regulations 19928;
(d)
(d) “the Housing Benefit Regulations” means the Housing Benefit (General) Regulations 19879;
(e)
(e) “the Housing Benefit Supply of Information Regulations” means the Housing Benefit (Supply of Information) Regulations 198810;
(f)
(f) “the Income Support Regulations” means the Income Support (General) Regulations 198711.
Amendment of the Income Support Regulations
2. In the Income Support Regulations–
(a) in regulation 612(persons not treated as engaged in remunerative work)—
(i) omit paragraphs (2), (3) and (6)(b);
(ii) after sub-paragraph (a) omit the word “; or”; and
(iii) in paragraph (7) omit “(2)(b) or” and “(3) or”;
(b) in regulation 36(2)13(calculation of net earnings or employed earners) for the words “, 15A or 15B” there shall be substituted “or 15A”;
(c) in regulation 38(2)14(calculation of net profit of self-employed earners), omit “or 15B”;
(d) omit sub-paragraph (7) of paragraph 12 of Schedule 2 (applicable amounts), paragraph 15B of Schedule 8 (sums to be disregarded in the calculation of income), paragraph 70 of Schedule 9 (sums to be disregarded in the calculation of income other than earnings) and paragraph 57 of Schedule 10 (capital to be disregarded)15.
Amendment of the Housing Benefit Regulations
3. In the Housing Benefit Regulations–
(a) in regulation 62A (extended payments)16—
(i) in paragraph (1) omit “other than a case to which paragraph (1A) applies”;
(ii) omit paragraph (1A);
(iii) in paragraph (1B) omit “or (1A)”;
(iv) omit paragraph (5)(a)(i) and in paragraph (5)(a)(ii) omit “(ii)in any other case—” and renumber sub-head (aa) as head (i) and sub-head (bb) as head (ii);
(b) in paragraph (14)(c) of regulation 72 (time and manner in which claims are to be made)17omit “has certified the matters specified in regulation 62A(1A)(b) to be the relevant authority or”;
(c) in regulation 76 (who is to make a decision)18—
(i) in paragraph (4) omit “and subject to paragraph (5),”; and
(ii) omit paragraph (5);
(d) in Schedule 5A19(extended payments of housing benefit)—
(i) paragraph 12(1) shall be renumbered paragraph 12 and in that renumbered paragraph–
(aa) in the definition of “claimant” omit “, subject to sub-paragraph (2),”;
(bb) in the definition of “the relevant benefit period” omit “or, as the case may be, (1A)(a)”; and
(ii) omit paragraph 12(2).
Amendment of the Council Tax Benefit Regulations
4. In the Council Tax Benefit Regulations–
(a) in regulation 53A20(extended payments)—
(i) in paragraph (1) omit “other than a case to which paragraph (1A) applies”;
(ii) omit paragraph (1A);
(iii) in paragraph (1B) omit “or (1A)”;
(iv) omit paragraph (5)(a)(i) and in paragraph (5)(a)(ii) omit “(ii) in any other case–” and renumber sub-head (aa) as head (i) and sub-head (bb) as head (ii);
(b) in paragraph (15)(c) of regulation 62 (time and manner in which claims are to be made)21omit “has certified the matters specified in regulation 53A(1A)(b) to the relevant authority or”;
(c) in regulation 6622(who is to make a decision)—
(i) in paragraph (4) omit “and subject to paragraph (5)”; and
(ii) omit paragraph (5);
(d) in regulation 95(3)23(information to be supplied by an authority to another authority) omit sub-paragraph (aa);
(e) in Schedule 5A(extended payments of council tax benefit)24—
(i) paragraph 8(1) shall be renumbered paragraph 8 and in that renumbered paragraph–
(aa) in the definition of “claimant” omit “, subject to sub-paragraph (2),”;
(bb) in the definition of “the relevant benefit period” omit “or as the case may be, (1A)(a)”; and
(ii) omit paragraph 8(2).
Amendment of the Social Security Claims and Payment Regulations
5. In regulation 3 of the Social Security Claims and Payments Regulations25, (claims not required for entitlement to benefit in certain cases)–
(a) in paragraph (h)(i) omit “ 6(2) or”; and
(b) in paragraph (h)(iii) omit “ regulation 6(3) or, as the case may be,”.
Amendment of the Social Fund(Recovery by Deductions from Benefits) Regulations 1988
6. In the Social Fund (Recovery by Deductions from Benefits) Regulations 198826—
(a) in regulation 3(a) (benefits from which an award may be recovered) omit “, other than a back to work bonus payable by way of income support or jobseeker’s allowance in pursuance of section 26 of the Jobseekers Act 1995”;
(b) in regulation 3(c) omit “ other than a back to work bonus payable by way of income support or jobseeker’s allowance in pursuance of Section 26 of the Jobseekers Act 1995”.
Revocation of provisions in the Housing Benefit Supply of Information Regulations
7. Paragraph (3)(aa) of regulation 5 (information to be supplied by an authority to another authority) of the Housing Benefit Supply of Information Regulations is revoked.
Revocation of the Back to Work Bonus Regulations
8. Subject to regulation 10 of these Regulations, the Back to Work Bonus Regulations are revoked.
Revocation of provisions relating to the Back to Work Bonus Regulations
9.—(1) In the Council Tax Benefit Regulations, paragraph 49 of Schedule 527(capital to be disregarded) is revoked.
(2) In the Housing Benefit Regulations, paragraph 49 of Schedule 528(capital to be disregarded) is revoked.
Transitional provisions
10.—(1) Subject to paragraph (2), the Back to Work Bonus Regulations shall continue to have effect as if regulation 8 of these Regulations had not been made, in relation to a person who—
(a)
(a)...
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