The Social Security (Miscellaneous Amendments) Regulations 2012

JurisdictionUK Non-devolved
CitationSI 2012/757

2012 No. 757

Social Security

The Social Security (Miscellaneous Amendments) Regulations 2012

Made 8th March 2012

Laid before Parliament 8th March 2012

Coming into force in accordance with regulation 1(2) to (4)

The Secretary of State for Work and Pensions makes the following Regulations in exercise of the powers conferred by the provisions set out in the Schedule to these Regulations.

In accordance with section 173(1)(b) of the Social Security Administration Act 19921, the Secretary of State has obtained the agreement of the Social Security Advisory Committee that proposals in respect of these Regulations should not be referred to it.

In respect of the provisions in these Regulations relating to housing benefit and council tax benefit, the Secretary of State has consulted with organisations appearing to him to be representative of the authorities concerned2.

1 General

PART 1

General

S-1 Citation and commencement

Citation and commencement

1.—(1) These Regulations may be cited as the Social Security (Miscellaneous Amendments) Regulations 2012.

(2) Regulations 7, 8 and 12 come into force—

(a)

(a) in relation to any case where rent is payable at intervals of a week or any multiple of a week, on 2nd April 2012;

(b)

(b) in relation to any other case, on 1st April 2012.

(3) Regulations 20(2) and 21 come into force on 1st May 2012.

(4) All other provisions of these Regulations come into force on 1st April 2012.

S-2 Interpretation

Interpretation

2. In these Regulations—

“the Council Tax Benefit Regulations” means the Council Tax Benefit Regulations 20063;

“the Employment and Support Allowance Regulations” means the Employment and Support Allowance Regulations 20084;

“the Housing Benefit Regulations” means the Housing Benefit Regulations 20065;

“the Income Support Regulations” means the Income Support (General) Regulations 19876.

2 Amendments relating to paternity leave and paternity pay

PART 2

Amendments relating to paternity leave and paternity pay

S-3 Amendments relating to paternity leave and paternity pay: income support

Amendments relating to paternity leave and paternity pay: income support

3.—(1) The Income Support Regulations are amended as follows.

(2) In regulation 2(1) (interpretation) for the definition of “paternity leave”7substitute—

““paternity leave” means a period of absence from work on ordinary paternity leave by virtue of section 80A or 80B of the Employment Rights Act 19968or on additional paternity leave by virtue of section 80AA or 80BB of that Act9;”.

(3) In paragraph 14B of Schedule 1B10(prescribed categories of person: paternity leave)—

(a)

(a) in sub-paragraph (1) for “paternity leave” substitute “ordinary paternity leave by virtue of section 80A or 80B of the Employment Rights Act 1996”;

(b)

(b) in sub-paragraph (2)(a) for “statutory paternity pay” substitute “ordinary statutory paternity pay”.

(4) In paragraph 4A of Schedule 911(sums to be disregarded in the calculation of income other than earnings) for “statutory paternity pay” substitute “ordinary or additional statutory paternity pay”.

S-4 Amendments relating to paternity leave and paternity pay: jobseeker’s allowance

Amendments relating to paternity leave and paternity pay: jobseeker’s allowance

4.—(1) The Jobseeker’s Allowance Regulations 199612are amended as follows.

(2) In regulation 1(3) (interpretation) for the definition of “paternity leave”13substitute—

““paternity leave” means a period of absence from work on ordinary paternity leave by virtue of section 80A or 80B of the Employment Rights Act 1996 or on additional paternity leave by virtue of section 80AA or 80BB of that Act;”.

(3) In Schedule 714(sums to be disregarded in the calculation of income other than earnings)—

(a)

(a) in paragraph 4, for “statutory paternity pay” substitute “ordinary or additional statutory paternity pay”;

(b)

(b) in paragraph 5 for “statutory paternity pay” substitute “ordinary or additional statutory paternity pay”.

S-5 Amendments relating to paternity leave and paternity pay: state pension credit

Amendments relating to paternity leave and paternity pay: state pension credit

5.—(1) The State Pension Credit Regulations 200215are amended as follows.

(2) In regulation 1(2) (interpretation) for the definition of “paternity leave”16substitute—

““paternity leave” means a period of absence from work on ordinary paternity leave by virtue of section 80A or 80B of the Employment Rights Act 1996 or on additional paternity leave by virtue of section 80AA or 80BB of that Act;”.

(3) In regulation 15(1) (income for the purposes of the Act) for sub-paragraph (q) substitute—

“(q)

“(q) ordinary statutory paternity pay payable under Part 12ZA of the 1992 Act17;

(qa)

(qa) additional statutory paternity pay payable under Part 12ZA of the 1992 Act;”.

(4) In regulation 17A(2)18(earnings of an employed earner) for sub-paragraph (i) substitute—

“(i)

“(i) ordinary statutory paternity pay payable under Part 12ZA of the 1992 Act;

(ia)

(ia) additional statutory paternity pay payable under Part 12ZA of the 1992 Act;”.

S-6 Amendment relating to paternity leave: employment and support allowance

Amendment relating to paternity leave: employment and support allowance

6. In regulation 2(1) of the Employment and Support Allowance Regulations (interpretation) after the definition of “passenger” insert—

““paternity leave” means a period of absence from work on ordinary paternity leave by virtue of section 80A or 80B of the Employment Rights Act 1996 or on additional paternity leave by virtue of section 80AA or 80BB of that Act;”.

S-7 Amendments relating to paternity leave and paternity pay: housing benefit for those not of pensionable age

Amendments relating to paternity leave and paternity pay: housing benefit for those not of pensionable age

7.—(1) The Housing Benefit Regulations are amended as follows.

(2) In regulation 2(1) (interpretation) for the definition of “paternity leave” substitute—

““paternity leave” means a period of absence from work on ordinary paternity leave by virtue of section 80A or 80B of the Employment Rights Act 1996 or on additional paternity leave by virtue of section 80AA or 80BB of that Act;”.

(3) In regulation 28(14) (treatment of child care charges)—

(a)

(a) in sub-paragraph (a)(iii), for “statutory paternity pay by virtue of section 171ZA or 171ZB of the Act” substitute “ordinary statutory paternity pay by virtue of section 171ZA or 171ZB of the Act, additional statutory paternity pay by virtue of section 171ZEA or 171ZEB of the Act19”;

(b)

(b) in sub-paragraph (b)(ii) and (iii), for “statutory paternity pay” in each place substitute “ordinary or additional statutory paternity pay”.

(4) In regulation 35(1)(i) (earnings of employed earners) for “statutory paternity pay” substitute “ordinary or additional statutory paternity pay”.

(5) In regulation 36(3)(d) (calculation of net earnings of employed earners) for “statutory paternity pay” substitute “ordinary or additional statutory paternity pay”.

S-8 Amendments relating to paternity leave and paternity pay: housing benefit for those of pensionable age

Amendments relating to paternity leave and paternity pay: housing benefit for those of pensionable age

8.—(1) The Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 200620are amended as follows.

(2) In regulation 2(1) (interpretation) for the definition of “paternity leave” substitute—

““paternity leave” means a period of absence from work on ordinary paternity leave by virtue of section 80A or 80B of the Employment Rights Act 1996 or on additional paternity leave by virtue of section 80AA or 80BB of that Act;”.

(3) In regulation 29(1)(j) (meaning of “income”), for paragraph (xvi) substitute—

“(xvi)

“(xvi) ordinary statutory paternity pay payable under Part 12ZA of the Act;

(xvia)

(xvia) additional statutory paternity pay payable under Part 12ZA of the Act;”.

(4) In regulation 31 (treatment of child care charges)—

(a)

(a) in paragraph (14)(c) for “statutory paternity pay by virtue of section 171ZA or 171ZB of the Act” substitute “ordinary statutory paternity pay by virtue of section 171ZA or 171ZB of the Act, additional statutory paternity pay by virtue of section 171ZEA or 171ZEB of the Act”;

(b)

(b) in paragraph (15)(b) and (c) for “statutory paternity pay” in each place substitute “ordinary or additional statutory paternity pay”.

(5) In regulation 35(1) (earnings of employed earners) for paragraph (i) substitute—

“(i)

“(i) ordinary statutory paternity pay payable under Part 12ZA of the Act;

(ia)

(ia) additional statutory paternity pay payable under Part 12ZA of the Act;”.

(6) In regulation 36(2)(d) (calculation of net earnings of employed earners) for “statutory paternity pay” substitute “ordinary or additional statutory paternity pay”.

S-9 Amendments relating to paternity leave and paternity pay: council tax benefit for those not of pensionable age

Amendments relating to paternity leave and paternity pay: council tax benefit for those not of pensionable age

9.—(1) The Council Tax Benefit Regulations are amended as follows.

(2) In regulation 2(1) (interpretation) for the definition of “paternity leave” substitute—

““paternity leave” means a period of absence from work on ordinary paternity leave by virtue of section 80A or 80B of the Employment Rights Act 1996 or on additional paternity leave by virtue of section 80AA or 80BB of that Act;”.

(3) In regulation 18 (treatment of child care charges)—

(a)

(a) in paragraph (14)(c) for “statutory paternity pay by virtue of section 171ZA or 171ZB of the Act” substitute “ordinary statutory paternity pay by virtue of section 171ZA or 171ZB of the Act, additional statutory paternity pay by virtue of section 171ZEA or 171ZEB of the Act”;

(b)

(b) in paragraph (15)—

(i) in sub-paragraph (b), for “statutory paternity pay” substitute “ordinary or additional statutory paternity pay”;

(ii) in sub-paragraph (c), after “statutory maternity...

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