The Social Security (Coronavirus) (Prisoners) Regulations 2020

Year2020

2020 No. 409

Social Security

The Social Security (Coronavirus) (Prisoners) Regulations 2020

Made 7th April 2020

Laid before Parliament 7th April 2020

Coming into force 8th April 2020

The Secretary of State makes the following Regulations in exercise of the powers conferred by sections 123(1)(a) and (d), 124, 130, 135(1), 137(1) and (2)(h) and (l), 175(1), (3) and (4) of the Social Security Contributions and Benefits Act 19921, sections 4(5) and (12), 6(4), 7(4), 35 and 36(2) and (4) of, and paragraph 12 of Schedule 1 to, the Jobseekers Act 19952, sections 2(3), (4), (6) and (9), 3(8) and 17(1) and (2)(a) of the State Pension Credit Act 20023, sections 4(2) and (3), 24(1) and 25(2), (3) and (5) of, and paragraph 6(8) of Schedule 1 to, the Welfare Reform Act 20074and sections 2(2), 6(1), 8(1), 40, 42(1) to (3) of, and paragraph 5(1) of Schedule 1 to, the Welfare Reform Act 20125.

In accordance with section 173(1)(a) of the Social Security Administration Act 19926, 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.

S-1 Citation and commencement

Citation and commencement

1. These Regulations may be cited as the Social Security (Coronavirus) (Prisoners) Regulations 2020 and come into force on 8th April 2020.

S-2 Income Support, Jobseeker’s Allowance, State Pension Credit, Employment and Support Allowance and Universal Credit – definition of prisoner

Income Support, Jobseeker’s Allowance, State Pension Credit, Employment and Support Allowance and Universal Credit – definition of prisoner

2.—(1) The Regulations in paragraph (2) are to be read as if the definition of “prisoner” did not include a person on temporary release in accordance with the provisions of the Prison Act 1952.

(2) The Regulations are—

(a)

(a) the Income Support (General) Regulations 19877;

(b)

(b) the Jobseeker’s Allowance Regulations 19968;

(c)

(c) the State Pension Credit Regulations 20029;

(d)

(d) the Employment and Support Allowance Regulations 200810; and

(e)

(e) the Universal Credit Regulations 201311.

S-3 Income Support, Jobseeker’s Allowance, State Pension Credit and Employment and Support Allowance – persons treated as being or not being members of the same household

Income Support, Jobseeker’s Allowance, State Pension Credit and Employment and Support Allowance – persons treated as being or not being members of the same household

3.—(1) The following provisions are to be read as if the words “the Prison Act 1952 or” were omitted—

(a)

(a) regulation 16(3)(b)(ii) of the Income Support (General) Regulations 198712;

(b)

(b) regulation 5(1)(c)(iii) of the State Pension Credit Regulations 2002; and

(c)

(c) regulation 156(4)(b)(ii) of the Employment and Support Allowance Regulations 2008.

(2) Regulation 78(3)(b)(ii) of the Jobseeker’s Allowance Regulations 199613is to be read as if the words “the provisions of the Prison Act 1952 or” were omitted.

S-4 Jobseeker’s Allowance – availability for employment

Jobseeker’s Allowance – availability for employment

4. Regulation 15(1)(b) of the Jobseeker’s Allowance Regulations 1996 is to be read as if the words “the provisions of the Prison Act 1952 or” were omitted.

S-5 Housing Benefit – modification of the rule on whether a person is or is not to be treated as occupying a dwelling as their home

Housing Benefit – modification of the rule on whether a person is or is not to be treated as occupying a...

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