Social Security (Loss of Benefit) (Consequential Amendments) Regulations 2002
| Year | 2002 |
2002 No. 490
SOCIAL SECURITY
The Social Security (Loss of Benefit) (Consequential Amendments) Regulations 2002
Made 5th March 2002
Laid before Parliament 8th March 2002
Coming into force 1st April 2002
The Secretary of State for Work and Pensions, in exercise of the powers conferred upon him by sections 22(5), 122(1), 123(1)(a), (d) and (e), 124(1)(e), 135(1), 137(1) and 175(1) and (3) of the Social Security Contributions and Benefits Act 19921, sections 5(3), 26(1) and (4)(d), 35(1) and 36(1), (2) and (4) of the Jobseekers Act 19952, sections 9(1), 10(3) and (6), 79(1) and 84 of the Social Security Act 19983and sections 62(3), 65(1) and 69(1), (2)(a) and (7) of, and paragraphs 3(1), 4(4) and (6) and 23(1) of Schedule 7 to, the Child Support, Pensions and Social Security Act 20004and of all other powers enabling him in that behalf, after consultation, in respect of the provisions relating to housing benefit and council tax benefit, with organisations appearing to him to be representative of the authorities concerned5, by this Instrument, which contains only regulations which are consequential upon sections 7 to 13 of the Social Security Fraud Act 20016and which is made before the end of the period of six months beginning with the coming into force of those sections of that Act7, makes the following Regulations:
Citation, commencement and interpretation
1.—(1) These Regulations may be cited as the Social Security (Loss of Benefit) (Consequential Amendments) Regulations 2002 and shall come into force on 1st April 2002.
(2) In these Regulations—
“the Council Tax Benefit Regulations” means the Council Tax Benefit (General) Regulations 19928;
“the Housing Benefit Regulations” means the Housing Benefit (General) Regulations 19879;
“the Income Support Regulations” means the Income Support (General) Regulations 198710;
“the Jobseeker’s Allowance Regulations” means the Jobseeker’s Allowance Regulations 199611.
Severe Disability Premium
2.—(1) At the end of—
(a)
(a) paragraph 13 of Schedule 2 to the Income Support Regulations12;
(b)
(b) paragraph 13 of Schedule 2 to the Housing Benefit Regulations13;
(c)
(c) paragraph 14 of Schedule 1 to the Council Tax Benefit Regulations14,
(which relate to severe disability premium), there shall be added the following sub-paragraph—
“5 In sub-paragraph (2)(a)(iii) and (b), references to a person being in receipt of an invalid care allowance shall include references to a person who would have been in receipt of that allowance but for the application of a restriction under section 7 of the Social Security Fraud Act 2001 (loss of benefit provisions).”.
(2) In Schedule 1 to the Jobseeker’s Allowance Regulations—
(a)
(a) at the end of paragraph 1515(severe disability premium), there shall be added the following sub-paragraph—
“9 In sub-paragraphs (1)(c) and (2)(d), references to a person being in receipt of an invalid care allowance shall include references to a person who would have been in receipt of that allowance but for the application of a restriction under section 7 of the Social Security Fraud Act 2001 (loss of benefit provisions).”;
(b)
(b) at the end of paragraph 20I16(severe disability premium), there shall be added the following sub-paragraph—
“7 In sub-paragraph (1)(d), the reference to a person being in receipt of an invalid care allowance shall include a reference to a person who would have been in receipt of that allowance but for the application of a restriction under section 7 of the Social Security Fraud Act 2001 (loss of benefit provisions).”.
Amendment of the Social Security (Credits) Regulations 1975
3. In the Social Security (Credits) Regulations 197517—
(a) in regulation 7A(1) (credits for invalid care allowance), after the words “paid to him,”, there shall be inserted the words “or would be paid to him but for a restriction under section 7 of the Social Security Fraud Act 2001 (loss of benefit provisions)”;
(b) in regulation 8A(2)(d) (credits for unemployment), after the words “Child Support, Pensions and Social Security Act 2000” there shall be inserted the words “or section 7, 8 or 9 of the Social Security Fraud Act 2001”.
Amendment of the Income Support Regulations
4. At the end of paragraph 4(b) of Schedule 1B to the Income Support Regulations18(prescribed categories of person—person caring for another), there shall be added the words “or would be in receipt of that allowance but for the application of a restriction under section 7 of the Social Security Fraud Act 2001 (loss of benefit provisions)”.
Amendment of the Housing Benefit Regulations and of the Council Tax Benefit Regulations
5. In regulation 2(3A)(d) of both the Housing Benefit Regulations and the Council Tax Benefit Regulations (interpretation), after the words “Child Support, Pensions and Social Security Act 2000” there shall be inserted the words “or section 7, 8 or 9 of the Social Security Fraud Act 2001”.
Amendment of the Social Security (Back to Work Bonus) (No. 2) Regulations 1996
6. In regulation 3(1) of the Social Security (Back to Work Bonus) (No. 2) Regulations 199619(period of entitlement to a qualifying benefit: further provisions), after the words “Child Support, Pensions and Social Security Act 2000” there shall be inserted the words “or section 7, 8 or 9 of the Social Security Fraud Act 2001”.
Amendment of the Jobseeker’s Allowance Regulations
7. In regulation 47(4)(b)(ii)20of the Jobseeker’s Allowance Regulations (jobseeking period), after the words “Child Support, Pensions and Social Security Act 2000” there shall be inserted the words “or section 7, 8 or 9 of the Social Security Fraud Act 2001”.
Amendment of the Social Security and Child Support (Decisions and Appeals) Regulations 1999
8. In the Social Security and Child Support (Decisions and Appeals) Regulations 199921—
(a) after regulation 3(8A) (revision of decisions), there shall be inserted the following paragraph—
“8B Where a court convicts a person of an offence, that conviction results in a restriction being imposed under section 7, 8 or 9 of the Social Security Fraud Act 2001 (loss of benefit provisions) and that conviction is quashed or set aside by that or any other court, a decision of the Secretary of State under section 8(1)(a) or 10 made in accordance with regulation 6(2)(j) or (k) may be revised at any time.”;
(b) after regulation 6(2)(i) (supersession of decisions), there shall be added the following sub-paragraphs—
“(j)
“(j) is a decision of the Secretary of State that a sanctionable benefit is payable to a claimant where that benefit ceases to be payable or falls to be reduced under section 7 or 9 of the Social Security Fraud Act 2001 and for this purpose “sanctionable benefit” has the same meaning as in section 7 of that Act;
(k)
(k) is a decision of the Secretary of State that a joint-claim jobseeker’s allowance is payable where that allowance ceases to be payable or falls to be reduced under section 8 of the Social Security Fraud Act 2001.”;
(c) after regulation 7(27) (date from which a decision superseded under section 10 takes effect), there shall be added the following paragraph—
“28 A decision to which regulation 6(2)(j) or (k) applies shall take effect from the first day of the disqualification period prescribed for the purposes of section 7 of the Social Security Fraud Act 200122.”.
Amendment of the Housing Benefit and Council Tax Benefit (Decisions and Appeals) Regulations 2001
9. In the Housing Benefit and Council Tax Benefit (Decisions and Appeals) Regulations 200123—
(a) after regulation 4(7) (revision of decisions), there shall be inserted the following paragraph—
“7A Where a court convicts a person of an offence, that conviction results in a restriction being imposed under section 7, 8 or 9 of the Social Security Fraud Act 2001 (loss of benefit provisions) and that conviction is quashed or set aside by that or any other court, a decision of the relevant authority made in accordance with regulation 7(2)(g) or (h) may be revised at any time.”;
(b) after regulation 7(2)(f) (decisions superseding earlier decisions), there shall be added the following sub-paragraphs—
“(g)
“(g) which is affected by a...
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