Social Security (Miscellaneous Amendments) Regulations 2001
| Jurisdiction | UK Non-devolved |
| Citation | SI 2001/488 |
| Year | 2001 |
2001 No. 488
SOCIAL SECURITY
The Social Security (Miscellaneous Amendments) Regulations 2001
Made 20th February 2001
Laid before Parliament 28th February 2001
Coming into force 9th April 2001
The Secretary of State for Social Security, in exercise of the powers conferred upon him by sections 1(1), 15A(2)(a), 189(4) and (5) and 191 of the Social Security Administration Act 19921, sections 123(1)(a), 124(1)(e), 135(1), 136(5)(b), 137(1) and (2)(d) and 175(1) and (3) to (5) of the Social Security Contributions and Benefits Act 19922and sections 4(5), 21, 26, 35(1) and (2) and 36(1), (2) and (4) of, and paragraph 1(2)(a) of Schedule 1 to, the Jobseekers Act 19953, and of all other powers enabling him in that behalf and after agreement by the Social Security Advisory Committee that proposals in respect of these Regulations need not be referred to it4, hereby makes the following Regulations:
Citation, commencement and interpretation
1.—(1) These Regulations may be cited as the Social Security (Miscellaneous Amendments) Regulations 2001 and shall come into force on 9th April 2001.
(2) In these Regulations “the Income Support Regulations” means the Income Support (General) Regulations 19875.
Amendment of regulation 2 of the Income Support Regulations
2. In regulation 2(1) of the Income Support Regulations (interpretation) after the definition of “net-profit” there shall be inserted the following definition—
““the New Deal options” means the employment programmes specified in regulation 75(1)(a)(ii) of the Jobseeker’s Allowance Regulations 19966and the training scheme specified in regulation 75(1)(b)(ii) of those Regulations;”.
Amendment of regulation 5 of the Income Support Regulations
3. In regulation 5 of the Income Support Regulations (persons treated as engaged in remunerative work), paragraphs (8) to (10) shall be omitted.
Amendment of regulation 6 of the Income Support Regulations
4. In regulation 6 of the Income Support Regulations (persons not treated as engaged in remunerative work), after paragraph (4)7there shall be added the following paragraphs—
“5 A person shall not be treated as engaged in remunerative work for the period specified in paragraph (6) in so far as—
(a) he or his partner is engaged in work which—
(i) is remunerative work; and
(ii) he, or his partner, is expected to be engaged in for a period of no less than five weeks;
(b) he or his partner had, 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), been entitled to and in receipt of income support or an income-based jobseeker’s allowance;
(c) he or his partner had, as at the day before the day on which he commenced the work referred to in sub-paragraph (a), an applicable amount which included—
(i) an amount determined in accordance with Schedule 3 (housing costs) as applicable to him in respect of a loan which qualifies under paragraph 15 or 16 of that Schedule; or
(ii) an amount determined in accordance with Schedule 2 to the Jobseeker’s Allowance Regulations 1996 (housing costs) as applicable to him in respect of a loan which qualifies under paragraph 14 or 15 of that Schedule; and
(d) he or his partner remain liable to make payments on such a loan.
6 A person referred to in paragraph (5) shall not be treated as engaged in remunerative work for—
(a) the period of four weeks commencing with the day on which he was first engaged in the work referred to in sub-paragraph (a) of that paragraph; or
(b) in the case of a person to whom paragraph (2) applies, a period of two weeks commencing with the day after the end of the 14 day period specified in paragraph (3).
7 In calculating the period of benefit entitlement referred to in paragraph (2)(b) or (5)(b), no account shall be taken of entitlement arising by virtue of paragraph (3) or (6).
8 In paragraph (5), a reference to the claimant or his partner being entitled to and in receipt of an income-based jobseeker’s allowance or to an amount being applicable to either of them under the Jobseeker’s Allowance Regulations 1996 shall include a reference to the claimant and his partner being entitled to, and in receipt of, a joint-claim jobseeker’s allowance and to an amount being applicable to that couple under those Regulations.”.
Amendment of Schedule 1B to the Income Support Regulations
5. After paragraph 9 of Schedule 1B to the Income Support Regulations (prescribed categories of person)8there shall be inserted the following paragraph—
“Persons who have commenced remunerative work
9A. A person to whom regulation 6(5) (persons not treated as engaged in remunerative work) applies.”.
Amendment of Schedule 3 to the Income Support Regulations
6. In paragraph 14 of Schedule 3 to the Income Support Regulations (housing costs: linking rules)9—
(a) in sub-paragraph (1)—
(i) in head (a)(ii), after the words “12 weeks or less” there shall be inserted the words “or, as the case may be, 52 weeks or less,”;
(ii) in head (c)(iv), after the words “twelve weeks” there shall be inserted the words “or, as the case may be, 52 weeks,”;
(iii) in head (d), after the words “twelve weeks” there shall be inserted the words “or, as the case may be , 52 weeks,”;
(iv) in head (f)(iii), after the words “12 weeks” there shall be inserted the words “or, as the case may be, 52 weeks,”;
(b) in sub-paragraph (10), after “(1)(a)(ii),” there shall be inserted “(1)(c)(iv),”;
(c) after sub-paragraph (10) there shall be added the following sub-paragraphs—
“11 For the purposes of sub-paragraph (1)(a)(ii), (1)(c)(iv), (1)(d) and (1)(f)(iii), the relevant period shall be—
(a) 52 weeks in the case of a person to whom sub-paragraph (12) applies;
(b) subject to sub-paragraph (10), 12 weeks in any other case.
12 This sub-paragraph applies, subject to sub-paragraph (13), in the case of a person who, on or after 9th April 2001, has ceased to be entitled to income support because he or his partner—
(a) has commenced employment as an employed earner or as a self-employed earner or has increased the hours in which he is engaged in such employment;
(b) is taking active steps to establish himself in employment as an employed earner or as a self-employed earner under any scheme for assisting persons to become so employed which is mentioned in regulation 19(1)(r)(i) to (iii) of the Jobseeker’s Allowance Regulations 1996; or
(c) is participating in—
(i) a New Deal option;
(ii) an employment zone programme; or
(iii) the self-employment route,
and, as a consequence, he or his partner was engaged in remunerative work or had income in excess of the applicable amount as prescribed in Part IV.
13 Sub-paragraph (12) shall only apply to the extent that immediately before the day on which the person ceased to be entitled to income support, his housing costs were being met in accordance with paragraph 6(1)(a) or 8(1)(a) or would have been so met but for any non-dependant deduction under paragraph 18.”.
Amendment of Schedule 7 to the Income Support Regulations
7. In Schedule 7 to the Income Support Regulations (applicable amounts in special cases), after paragraph 19—
(a) in column (1) there shall be inserted—
“Persons who have commenced remunerative work
19A. A person to whom regulation 6(5) (persons not treated as in remunerative work) applies.”; and
(b) in column (2) there shall be inserted—
“19A.—(1) Subject to sub-paragraph (2), the lowest of either—
(a)
(a) the amount determined in accordance with—
(i) Schedule 3 (housing costs); or
(ii) as the case may be, Schedule 2 to the Jobseeker’s Allowance Regulations 1996 (housing costs),
which was applicable to the claimant or his partner immediately before he or his partner commenced the remunerative work referred to in regulation 6(5)(a); or
(b)
(b) the amount of income support or, as the case may be, income-based jobseeker’s allowance which the claimant or his partner was entitled to in the benefit week immediately before the benefit week in which he or his partner commenced the remunerative work referred to in regulation 6(5)(a) or, where he or his partner was in receipt of a training allowance in that benefit week, the amount of income support or income-based jobseeker’s allowance which he would have been entitled to in that...
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