The Universal Credit (Consequential, Supplementary, Incidental and Miscellaneous Provisions) Regulations 2013

2013 No. 630

Social Security

The Universal Credit (Consequential, Supplementary, Incidental and Miscellaneous Provisions) Regulations 2013

Made 13th March 2013

Laid before Parliament 18th March 2013

Coming into force 29th April 2013

The Secretary of State for Work and Pensions makes the following Regulations in exercise of the powers conferred by paragraph 5(4) of Schedule 1 to the Child Support Act 1991 (as it has effect apart from section 1 of the Child Support, Pensions and Social Security Act 2000)1, section 6J(2)(a) of the Jobseekers Act 19952and sections 2(2), 4(6), 6(1) and (3), 26(2)(a), 32, 40, 42(1), (2) and (3) and 96(4)(c) of, and paragraph 4(3) of Schedule 1 to, the Welfare Reform Act 20123(“the Act”).

This instrument has not been referred to the Social Security Advisory Committee because it contains only regulations made under provisions of the Act, and provisions of the Child Support Act 1991 and of the Jobseekers Act 1995 inserted into those Acts by the Act, and is made before the end of the period of 6 months beginning with the coming into force of those provisions4.

In accordance with section 176(2)(b) of the Social Security Administration Act 1992, the Secretary of State has obtained the agreement of organisations appearing to him to be representative of the authorities concerned that proposals in respect of these Regulations should not be referred to them.

1 GENERAL

PART 1

GENERAL

S-1 Citation, commencement, extent and application

Citation, commencement, extent and application

1.—(1) These Regulations may be cited as the Universal Credit (Consequential, Supplementary, Incidental and Miscellaneous Provisions) Regulations 2013.

(2) These Regulations come into force on 29th April 2013.

(3) Subject to paragraphs (4) to (6), each of the amendments made by these Regulations has the same extent and application as the provision amended.

(4) The amendments made by regulations 18, 55, 56, 57, 68 and 69 extend to England and Wales but apply in relation to England only.

(5) The amendment made by regulation 21 extends to England and Wales and Scotland only.

(6) The amendment made by regulation 51 extends to England and Wales only.

2 AMENDMENTS OF PRIMARY LEGISLATION

PART 2

AMENDMENTS OF PRIMARY LEGISLATION

S-2 Amendment of the Maintenance Orders Act 1950

Amendment of the Maintenance Orders Act 1950

2.—(1) The Maintenance Orders Act 19505is amended as follows.

(2) In section 4(1)(d) (contributions under the Children and Young Persons Act 1933 and the National Assistance Act 1948), after “income support” insert “or universal credit”.

(3) In section 9(1)(d) (contributions under the Children and Young Persons (Scotland) Act 1937 and the National Assistance Act 1948), after “income support” insert “or universal credit”.

S-3 Amendment of the Rent Act 1977

Amendment of the Rent Act 1977

3. In section 72A of the Rent Act 1977 (amounts attributable to services)6, after “Benefits Act 1992” insert “or to assist the Secretary of State in the administration of universal credit”.

S-4 Amendment of the Magistrates’ Courts Act 1980

Amendment of the Magistrates’ Courts Act 1980

4.—(1) The Magistrates’ Courts Act 19807is amended as follows.

(2) In section 89(2A) (transfer of fine order), after “power to deduct fines etc from” insert “universal credit and”.

(3) In section 90(3A) (transfer of fines to Scotland or Northern Ireland), after “power to deduct fines from” insert “universal credit and”.

S-5 Amendment of the Transport Act 1982

Amendment of the Transport Act 1982

5. In section 70(2)(b) of the Transport Act 1982 (payments in respect of applicants for exemption from wearing seat belts)8, after “those in receipt of” insert “universal credit,”.

S-6 Amendment of the Housing Act 1988

Amendment of the Housing Act 1988

6. In section 41A of the Housing Act 1988 (amounts attributable to services)9, after “Benefits Act 1992” insert “or to assist the Secretary of State in the administration of universal credit”.

S-7 Amendment of the Employment Act 1989

Amendment of the Employment Act 1989

7. In section 8(4) of the Employment Act 1989 (power to exempt discrimination in favour of lone parents in connection with training)10, for paragraph (b) substitute—

“(b)

“(b) “couple” has the meaning given by section 39(1) of the Welfare Reform Act 2012; and

(c)

(c) “lone parent” means a person who—

(i) is not a member of a couple, and

(ii) is responsible for, and a member of the same household as, a child.”.

S-8 Amendment of the Criminal Justice Act 1991

Amendment of the Criminal Justice Act 1991

8. In section 24 of the Criminal Justice Act 1991 (recovery of fines etc by deductions from income support)11

(a) in the heading, after “by deductions from” insert “universal credit and”; and

(b) in subsections (1) and (2)(d), before “income support” insert “universal credit,”.

S-9 Amendment of the Value Added Tax Act 1994

Amendment of the Value Added Tax Act 1994

9.—(1) The Value Added Tax Act 199412is amended as follows.

(2) In paragraph (2) of Note 6 to Group 3 in Part 2 of Schedule 7A (charge at reduced rate; meaning of qualifying person for the purposes of Group 3), after sub-paragraph (h) insert—

“(i)

“(i) universal credit under Part 1 of the Welfare Reform Act 2012.”.

(3) In Note (1D) to Group 15 in Part 2 of Schedule 8 (zero rating)—

(a)

(a) omit “and” at the end of paragraph (e); and

(b)

(b) after paragraph (f), insert—

“and

(g)

(g) universal credit under Part 1 of the Welfare Reform Act 2012.”.

S-10 Amendment of the Jobseekers Act 1995

Amendment of the Jobseekers Act 1995

10. In paragraph 2 of Schedule 1 to the Jobseekers Act 1995 (supplementary provisions: limited capability for work)13

(a) in sub-paragraph (1), insert at the end “or Part 1 of the Welfare Reform Act 2012 (universal credit) as the Secretary of State considers appropriate in the person’s case”, and

(b) after sub-paragraph (2), insert—

S-3

“3 References in Part 1 of the Welfare Reform Act 2012 to the purposes of that Part are to be construed, where the provisions of that Part have effect for the purposes of this Act, as references to the purposes of this Act.”.

S-11 Amendment of the Employment Tribunals Act 1996

Amendment of the Employment Tribunals Act 1996

11.—(1) The Employment Tribunals Act 199614is amended as follows.

(2) In section 16 (power to provide for recoupment of benefits) in the following provisions, before “jobseeker’s allowance” insert “universal credit,”—

(a)

(a) subsection (3)(a), (b) and (c); and

(b)

(b) subsection (5)(e).

(3) In section 16(5)(cc), before “a jobseeker’s allowance” insert “universal credit,”.

(4) In section 17 (recoupment: further provisions), in the introductory words in subsection (1) and in paragraph (b) of that subsection, before “jobseeker’s allowance” insert “universal credit,”.

S-12 Amendment of the Housing Act 1996

Amendment of the Housing Act 1996

12.—(1) The Housing Act 199615is amended as follows.

(2) In the heading to Part IV (Housing Benefit and Related Matters), before “Housing Benefit” insert “Universal Credit,”.

(3) In section 160ZA(3) (allocation only to eligible and qualifying persons: England), after “from entitlement to” insert “universal credit or”.

(4) In section 160A(4) (allocation only to eligible persons), before “housing benefit” insert “universal credit or”.

(5) In section 185(2A) (persons from abroad not eligible for housing assistance), before “housing benefit” insert “universal credit or”.

(6) In section 231(2) (extent), before “housing benefit” insert “universal credit,”.

S-13 Amendment of the Housing Grants, Construction and Regeneration Act 1996

Amendment of the Housing Grants, Construction and Regeneration Act 1996

13.—(1) Section 3 of the Housing Grants, Construction and Regeneration Act 199616(ineligible applicants) is amended as follows.

(2) In subsection (4), after “subsection (3)” insert “made by the Welsh Ministers”.

(3) After subsection (4) insert—

S-4A

“4A Regulations under subsection (3) made by the Secretary of State may proceed wholly or in part by reference to the provisions relating to entitlement to—

(a) housing benefit;

(b) universal credit; or

(c) any other form of assistance,

as they have effect from time to time.”.

S-14 Amendment of the Data Protection Act 1998

Amendment of the Data Protection Act 1998

14.—(1) The Data Protection Act 199817is amended as follows.

(2) In paragraph 2(e) of the Table in section 56(6) (prohibition of requirement as to production of certain records), for “or Part 1 of the Welfare Reform Act 2007” substitute “, Part 1 of the Welfare Reform Act 2007 or Part 1 of the Welfare Reform Act 2012”.

(3) In section 75(5A) (extent), after “Welfare Reform Act 2007” insert “and Part 1 of the Welfare Reform Act 2012”.

S-15 Amendment of the Welfare Reform and Pensions Act 1999

Amendment of the Welfare Reform and Pensions Act 1999

15. In section 72(3) of the Welfare Reform and Pensions Act 1999 (supply of information for certain purposes)18

(a) at the end of paragraph (c), delete “or”; and

(b) after paragraph (d) insert—

“, or

(e)

(e) Part 1 of the Welfare Reform Act 2012.”.

S-16 Amendment of the Income Tax (Earnings and Pensions) Act 2003

Amendment of the Income Tax (Earnings and Pensions) Act 2003

16.—(1) The Income Tax (Earnings and Pensions) Act 200319is amended as follows.

(2) At the end of section 318D(2) (childcare)20, insert “or section 12 of the Welfare Reform Act 2012 relating to amounts in respect of childcare costs that may be included in the calculation of an award of universal credit”.

(3) In section 660(1) (taxable benefits: UK benefits – Table A) in column 1 of Table A, for “Contributory employment and support allowance” substitute “Employment and support allowance”.

(4) In section 675(1) (interpretation)21, for the definitions of “contribution-based jobseeker’s allowance” and “income-based jobseeker’s allowance” substitute—

““contribution-based jobseeker’s allowance” means a jobseeker’s allowance entitlement to...

To continue reading

Request your trial

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT