The Social Security (Coronavirus) (Further Measures) Regulations 2020
2020 No. 371
Social Security
The Social Security (Coronavirus) (Further Measures) Regulations 2020
Made 27th March 2020
Laid before Parliament 27th March 2020
Coming into force 30th March 2020
The Secretary of State makes the following Regulations in exercise of the powers conferred by sections 70(8), 123(1)(d), 136(1), (3) and (5)(b), 137(1), 171D, 171G(2) and 175(1) and (3) to (5) of the Social Security Contributions and Benefits Act 19921, sections 6(4), 6E(5), 6F(1), 7(4), 35(1) and 36(2) and (4) of the Jobseekers Act 19952, sections 122(1) and (6) of the Housing Act 19963and sections 9(2), 18(5), 22(2), 37(6), 40 and 42(1) to (3) and (5) of, and paragraph 4(4) of Schedule 1 and paragraphs 1(1) and 4(1), (2)(a), (c) and (d) and (3) of Schedule 6 to, the Welfare Reform Act 20124.
In accordance with section 173(1)(a) of the Social Security Administration Act 19925, it appears to the Secretary of State that by reason of the urgency of this matter it is inexpedient to refer the proposals in respect of these Regulations to the Social Security Advisory Committee.
In accordance with section 176(2)(a) of the Social Security Administration Act 1992, it appears to the Secretary of State that by reason of the urgency of this matter it is inexpedient to consult with representative bodies.
Citation, commencement and interpretation
1.—(1) These Regulations may be cited as the Social Security (Coronavirus) (Further Measures) Regulations 2020 and come into force on 30th March 2020.
(2) In these Regulations—
“coronavirus” means severe acute respiratory syndrome coronavirus 2 (SARS-CoV-2);
“coronavirus disease” means COVID-19 (the official designation of the disease which can be caused by coronavirus);
“isolation” in relation to a person, means the separation of that person from any other person in such a manner as to prevent infection or contamination with coronavirus disease;
“universal credit” means universal credit under Part 1 of the Welfare Reform Act 2012;
“Universal Credit Regulations” means the Universal Credit Regulations 20136.
Universal credit – minimum income floor
2.—(1) The Secretary of State may, where it appears expedient as a consequence of the outbreak of coronavirus disease, and in such cases or class of case, or for such period, as the Secretary of State determines—
(a)
(a) treat the amount of the individual threshold or the couple threshold in regulation 62 (minimum income floor) of the Universal Credit Regulations7as if it were a lesser amount (including zero);
(b)
(b) where it falls to be determined whether a claimant is in gainful self-employment, delay that determination;
(c)
(c) where it has been determined that a claimant is in gainful self-employment, treat that claimant as not being in gainful self-employment;
(d)
(d) where a claimant is in a start-up period, extend that period for as long as the Secretary of State considers appropriate; or
(e)
(e) in relation to any claimant who would otherwise fall within section 22 of the Welfare Reform Act 2012 (all work-related requirements) as a result of this regulation, except that claimant from a work search requirement or a work availability requirement.
(2) In this regulation “start-up period” and “gainful self-employment” have the meanings given in regulations 63 and 64 respectively of the Universal Credit Regulations.
Universal credit – standard allowance modification
3.—(1) Regulation 36 (table showing amounts of elements) of the Universal Credit Regulations, as amended by article 33 of, and Schedule 13 to, the Social Security Benefits Up-rating Order 20208(“the 2020 up-rating order”) is to be read as if the following amounts were substituted for the amounts of the standard allowance—
(a)
(a) £342.72 for a single claimant aged under 25;
(b)
(b) £409.89 for a single claimant aged 25 or over;
(c)
(c) £488.59 for joint claimants both aged under 25;
(d)
(d) £594.04 for joint claimants where either is aged 25 or over.
(2) This regulation takes effect in relation to each award of universal credit from the day specified in article 1(3)(o) of the 2020 up-rating order and continues to have effect only for the remainder of the tax year beginning with 6th April 2020.
(3) For the purposes of any calculation under regulation 54 (transitional element - indicative UC amount) and 55 (transitional element – initial amount and adjustment where other elements increase) of the Universal Credit (Transitional Provisions) Regulations 20149the amount of the standard allowance is to be the amount specified in regulation 36 of the Universal Credit Regulations, as amended by the 2020 up-rating order, and paragraph (1) is to be disregarded.
Local housing allowance
4.—(1) The Rent Officers (Housing Benefit Functions) Order 199710is amended as follows—
(a)
(a) in article 4B (broad rental market determinations and local housing allowance determinations)—
(i) in paragraph (2B), at the end add “and also the 31st March 2020”;
(ii) in paragraph (3B), at the end add “, and the determinations made on the 31st March 2020 shall take effect (on 1st April 2020) in place of the determinations made on the 31st January 2020”;
(b)
(b) in Schedule 3B, for sub-paragraph (2) of paragraph 2 (local housing allowance for category of dwelling in paragraph 1) substitute—
“2. The local housing allowance for any category of dwelling is the lower of—
(a) the rent at the 30th percentile determined in accordance with sub-paragraphs (4) to (8); and
(b) for a category of dwelling listed in column 1 of the following table, the amount listed in column 2 of that table (maximum local housing allowance)—
1. Category of dwelling as specified in paragraph 1 |
2. Maximum local housing allowance for that category of dwelling |
paragraph 1(1)(a) (one bedroom, shared accommodation) |
£ 295.49 |
paragraph 1(1)(b) (one bedroom, exclusive use) |
£ 295.49 |
paragraph 1(1)(c) (two bedrooms) |
£ 365.92 |
paragraph 1(1)(d) (three bedrooms) |
£ 441.86 |
paragraph 1(1)(e) (four bedrooms) |
£ 593.75”. |
(2) The Rent Officers (Housing Benefit Functions) (Scotland) Order 199711is amended as follows—
(a)
(a) in article 4B (broad rental market determinations and local housing allowance determinations)—
(i) in paragraph (2B), at the end add “and also the 31st March 2020”;
(ii) in paragraph (3B), at the end add “and the determinations made on the 31st March 2020 shall take effect (on 1st April 2020) in place of the determinations made on the 31st January 2020”;
(b)
(b) in Schedule 3B, for sub-paragraph (2) of paragraph 2 (local housing allowance for category of dwelling in paragraph 1) substitute—
“2. The local housing allowance for any category of dwelling is the lower of—
(a) the rent at the 30th percentile determined in accordance with sub-paragraphs (4) to (8); and
(b) for a category of dwelling listed in column 1 of the following table, the amount listed in column 2 of that table (maximum local housing allowance)—
1. Category of dwelling as specified in paragraph 1 |
2. Maximum local housing allowance for that category of dwelling |
paragraph 1(1)(a) (one bedroom, shared accommodation) |
£ 295.49 |
Paragraph 1(1)(b) (one bedroom, exclusive use) |
£ 295.49 |
Paragraph 1(1)(c) (two bedrooms) |
£ 365.92 |
Paragraph 1(1)(d) (three bedrooms) |
£ 441.86 |
Paragraph 1(1)(e) (four bedrooms) |
£ 593.75”. |
(3) The Rent Officers (Universal Credit Functions) Order 201312is amended as follows—
(a)
(a) in article 4 (local housing allowance determinations)—
(i) in paragraph (2), at the end add “and also the 31st March 2020”;
(ii) after paragraph (3) insert—
“3A. The determinations made in accordance with paragraph (1) on the 31st March 2020 shall take effect (under paragraph (3)) in place of the determinations made in accordance with paragraph (1) on the 31st January 2020.”;
(b)
(b) in Schedule 1, for sub-paragraph (2) of paragraph 2 (local housing allowance for category of accommodation in paragraph 1) substitute—
“2. The local housing allowance for any category of accommodation is the lower of—
(a) the rent at the 30th percentile determined in accordance with paragraph 3; and
(b) for a category of accommodation listed in column 1 of the following table, the amount listed in column 2 of that table (maximum local housing allowance)—
1. Category of accommodation as specified in paragraph 1 |
2. Maximum local housing allowance for that category of accommodation |
paragraph 1(a) (one bedroom, shared accommodation) |
£ 1,283.96 |
Paragraph 1(b) (one bedroom, exclusive use) |
£ 1,283.96 |
Paragraph 1(c) (two bedrooms) |
£ 1,589.99 |
Paragraph 1(d) (three bedrooms) |
£ 1,920.00 |
Paragraph 1(e) (four bedrooms) |
£ 2,579.98”. |
Housing benefit – disregards from income modification
5.—(1) The following provisions of the Housing Benefit Regulations 200613shall be read as if, for “£17.10” there were substituted “£37.10”—
(a)
(a) sub-paragraphs (1) and (3)(c) of paragraph 17 of Schedule 4 (sums to be disregarded in the calculation of earnings)14;
(b)
(b) paragraph 56 of Schedule 5 (sums to be disregarded in the calculation of income other than earnings)15.
(2) The following provisions of the Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 200616shall be read as if, for “£17.10” there were substituted “£37.10”—
(a)
(a) sub-paragraphs (1) and (3)(c) of paragraph 9 of Schedule 4 (sums disregarded from claimant’s earnings)17;
(b)
(b) paragraph 21 of Schedule 5 (amounts to be disregarded in the calculation of income other than earnings)18.
(3) This regulation takes effect on 6th April 2020 and ceases to have effect at the end of 4th April 2021.
Universal credit and new style JSA – work-related requirements
6.—(1) As a consequence...
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