Social Security (Miscellaneous Amendments) (No. 2) Regulations 1999
| Year | 1999 |
1999 No. 2556
SOCIAL SECURITY
The Social Security (Miscellaneous Amendments) (No. 2) Regulations 1999
Made 13th September 1999
Laid before Parliament 13th September 1999
Coming into force 4th October 1999
The Secretary of State for Social Security, in exercise of the powers conferred on him by sections 123(1), 124(1)(e), 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 21, 35(1) and 36(1), (2) and (4) of, and paragraph 1(2) of Schedule 1 to, the Jobseekers Act 19952and sections 1(1), 5(1)(a), 6(1)(a), 63(2A), 128A(1), 189(1) and (3) to (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 it5, hereby makes the following Regulations:
Citation and commencement
1. These Regulations may be cited as the Social Security (Miscellaneous Amendments) (No. 2) Regulations 1999 and shall come into force on 4th October 1999.
Amendment of the Income Support (General) Regulations 1987
2.—(1) The Income Support (General) Regulations 19876shall be amended in accordance with the following paragraphs of this regulation.
(2) At the end of regulation 57(persons treated as engaged in remunerative work), there shall be added the following paragraphs—
“8 Subject to paragraph (9), a person who has not been treated as engaged in remunerative work in accordance with regulation 6(2) as a consequence of his commencing work shall be treated as engaged in remunerative work for the period specified in paragraph (10) where he ceased to be engaged in that work within the period of five weeks beginning on the date on which he commenced it.
9 Paragraph (8) shall not apply in the case of a person who is temporarily absent from the work referred to in regulation 6(2)(a).
10 A person to whom paragraph (8) applies shall be treated as engaged in remunerative work for the period commencing on the day after the day on which he was last engaged in the work referred to in regulation 6(2)(a) and ending on the day on which the length of that period corresponds with the length of the period in respect of which he had not been treated as engaged in remunerative work in accordance with regulation 6(2).”.
(3) Regulation 6 (persons not treated as engaged in remunerative work) shall be renumbered paragraph (1) of regulation 6 and after the renumbered paragraph (1) there shall be added the following paragraphs—
“2 A lone parent shall not be treated as engaged in remunerative work for the period specified in paragraph (3) in so far as—
(a) he is engaged in work which—
(i) is remunerative work; and
(ii) he is expected to be engaged in for a period of no less than five weeks; and
(b) he had been, for a continuous period of 26 weeks ending on the day before the day on which he commenced the work referred to in sub-paragraph (a)—
(i) entitled to and in receipt of income support or income-based jobseeker’s allowance; and
(ii) a lone parent.
(3) A person referred to in paragraph (2) shall not be treated as engaged in remunerative work for the period of 14 days commencing with the day on which he was first engaged in the work referred to in sub-paragraph (a) of that paragraph.”.
(4) In the definition of “part-time employment” in both regulation 29(4D)(a) (calculation of earnings derived from employed earner’s employment) and regulation 35(3)(c) (earnings of employed earners)8, for “6” there shall be substituted “6(1)”.
(5) In regulation 36(2) (calculation of net earnings of employed earners), after “13” there shall be inserted “, 15A or 15B”.
(6) In regulation 38(2) (calculation of net profit of self-employed earners), after “13” there shall be inserted “or 15B”.
(7) In Schedule 1B9(prescribed categories of person)—
(a)
(a) in paragraph 8, for the words “regulation 6(a)” there shall be substituted the words “regulation 6(1)(a)”;
(b)
(b) in paragraph 9, for the words “regulation 6(g)” there shall be substituted the words “regulation 6(1)(g)”.
(8) After sub-paragraph (6) in paragraph 12 of Schedule 210(additional condition for the higher pensioner and disability premiums) there shall be added the following sub-paragraph—
“7 A person—
(a) to whom regulation 6(2) (persons not treated as engaged in remunerative work) applies; and
(b) whose applicable amount immediately before he was engaged in the work referred to in regulation 6(2)(a), included a premium applicable under paragraph 11(a),
shall, for the period specified in regulation 6(3), be treated as having continued to satisfy the additional condition specified in this paragraph for the payment of that premium.”.
(9) After paragraph 15A in Schedule 811(sums to be disregarded in the calculation of earnings) there shall be inserted the following paragraph—
“15B In the case of a person to whom regulation 6(2) (persons not treated as engaged in remunerative work) applies, any earnings which derive from the work referred to in sub-paragraph (a) of that paragraph but only to the extent that they relate to work performed during the period specified in regulation 6(3).”.
(10) At the end of Schedule 9 (sums to be disregarded in the calculation of income other than earnings) there shall be added the following paragraph—
“70. In the case of a person to whom regulation 6(2) (persons not treated as engaged in remunerative work) applies, any working families tax credit or disabled person’s tax credit to which section 128 or as the case may be 129 of the Contributions and Benefits Act12refers which is paid to that person.”.
(11) At the end of Schedule 10 (sums to be disregarded in the calculation of capital) there shall be added the following paragraph—
“57. In the case of a person to whom regulation 6(2) (persons not treated as engaged in remunerative work) applies, the amount of any—
(a) back to work bonus payable to that lone parent by way of a jobseeker’s allowance or income support in accordance with section 26 of the Jobseekers Act 199513or a corresponding payment under article 28 of the Jobseekers (Northern Ireland) Order 199514; or
(b) child maintenance bonus payable to that lone parent by way of a jobseeker’s allowance or income support in accordance with section 10 of the Child Support Act 199515or a corresponding payment under article 4 of the Child Support (Northern Ireland) Order 199516,
which is paid during the period specified in regulation 6(3).”.
Amendment of the Jobseeker’s Allowance Regulations 1996
3. At the end of regulation 52 of the Jobseeker’s Allowance Regulations 199617(persons treated as engaged in remunerative work), there shall be added the following paragraphs—
“4 Subject to paragraph (5), a person who has not been treated as engaged in remunerative work in accordance with regulation 6(2) of the Income Support Regulations (persons not treated as engaged in remunerative work) as a consequence of his commencing work shall be treated as engaged in remunerative work for the period specified in paragraph (6) where he ceased to be engaged in that work within the period of five weeks beginning on the date on which he commenced it.
5 Paragraph (4) shall not apply in the case of a person who is temporarily absent from the work referred to in regulation 6(2)(a) of the Income Support Regulations.
6 A person to whom paragraph (4) applies shall be treated as engaged in remunerative work for the period commencing on the day after the day on which he was last engaged in the work referred to in regulation 6(2)(a) of the Income Support Regulations and ending on the day on which the length of that period corresponds with the length of the period in respect of which he had not been treated as engaged in remunerative work in accordance with regulation 6(2) of those Regulations.”.
Amendment of the Council Tax Benefit (General) Regulations 1992
4.—(1) The Council Tax Benefit (General) Regulations 199218shall be amended in accordance with the following paragraphs of this regulation.
(2) In regulation 53A (extended payments)—
(a)
(a) in paragraph (1)—
(i) after the words “in a case” where they first occur, there shall be inserted the words “other than a case to which paragraph (1A) applies”;
(ii) in sub-paragraph (a)(i) for “58(a)” there shall be substituted “58(1)(a)”;
(iii) in sub-paragraph (a)(ii) for “58(c)” there shall be substituted “58(1)(c)”;
(b)
(b) after paragraph (1) there shall be inserted the following paragraphs—
“1A Subject to paragraph (2), in the case of a person to whom regulation 6(2) of the Income Support (General) Regulations 1987 (persons not treated as engaged in remunerative work) applies, his council tax benefit shall be determined in accordance with Part II of Schedule 5A where—
(a) he was entitled to council tax benefit and his benefit period has come to an end—
(i) on either of the grounds specified in paragraph (1)(a); or
(ii) in accordance with regulation 58(1)(c) on the ground that he vacated the dwelling of which he was a resident during the period specified in regulation 6(3) of those Regulations; and
(b) the Secretary of State has certified to the appropriate authority—
(i) that regulation 6(2) of those Regulations applies to him;
(ii) the date on which he was first engaged in the work referred to in sub-paragraph (a) of regulation 6(2) of those Regulations; and
(iii) the date on which...
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