The Social Security (Miscellaneous Amendments) (No. 3) Regulations 2011
| Jurisdiction | UK Non-devolved |
| Citation | SI 2011/2425 |
2011 No. 2425
Social Security
The Social Security (Miscellaneous Amendments) (No. 3) Regulations 2011
Made 4th October 2011
Laid before Parliament 10th October 2011
Coming into force in accordance with regulation 1
The Secretary of State for Work and Pensions makes the following Regulations in exercise of the powers conferred by—
sections 90, 123(1)(a), (d) and (e), 130(3), 130A(2), 135(1), 136(3) and (5), 136A(3), 137(1), 138(1)(a) and (4), 151(4), 171A(2), 171D(1) and 175(1), (3) and (4) of the Social Security Contributions and Benefits Act 19921,
sections 2A(1), (3)(b), (d) and (e), (4) and (5), 2AA(1), (4)(f) and (5), 5(1)(p), 189(1), (4), (5) and (6) and 191 of the Social Security Administration Act 19922,
sections 3(1)(f)(iii), (2) and (4), 4(5), 12(1) and (4)(a), 17A(1), (5)(d), (6) and (7), 35(1) and 36(2) and (4) of, and paragraphs 1(1) and 8A of Schedule 1 to, the Jobseekers Act 19953,
section 29 of, and paragraph 8 of Schedule 1 to, the Social Security (Recovery of Benefits) Act 19974,
sections 9(1)(a), 21(1)(a) and 84 of the Social Security Act 19985,
sections 15(3) and (6)(b) and 17(1) of the State Pension Credit Act 20026, and
sections 4(2)(a), 8(1), (4)(a) and (5), 9(1) and (4)(a), 24(1) and 28(2) of, and paragraph 1(4) of Schedule 1, paragraph 1(a) of Schedule 2 and paragraphs 1(1) and 8(1) of Schedule 4 to, the Welfare Reform Act 20077.
In accordance with section 173(1)(b) of the Social Security Administration Act 1992, 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 the Secretary of State to be representative of the authorities concerned8.
PART 1
GENERAL
Citation and commencement
1.—(1) These Regulations may be cited as the Social Security (Miscellaneous Amendments) (No. 3) Regulations 2011.
(2) Subject to paragraph (3), these Regulations come into force on 31st October 2011.
(3) Regulation 6 (amendments to the Statutory Sick Pay (General) Regulations 1982) comes into force on 6th April 2012.
Application
2. Regulations 9(2) (amendments to the Social Security (Incapacity for Work) (General) Regulations 1995) and 23(5) and (6) (amendments to the Employment and Support Allowance Regulations 2008) respectively apply only in relation to information requested in the form of a questionnaire first issued to a person on or after 31st October 2011, in accordance with—
(a) regulation 6(1)(b) of the Social Security (Incapacity for Work) (General) Regulations 19959(information required for determining capacity for work); or
(b) regulations 21(1)(b) (information required for determining capability for work) or 36(1)(a) (information required for determining capability for work-related activity) of the Employment and Support Allowance Regulations 200810.
PART 2
AMENDMENTS TO PRIMARY LEGISLATION
Amendment to the Social Security Administration Act 1992
3. In section 179(5) of the Social Security Administration Act 1992 (reciprocal agreements with countries outside the UK) for “or this Act” substitute “, this Act or Part 1 of the Welfare Reform Act 2007”.
Amendments to the Data Protection Act 1998
4. In the Data Protection Act 199811—
(a) in paragraph 2(e) of the Table in section 56(6) (prohibition of requirement as to production of certain records), for “or the Jobseekers Act 1995” substitute “, the Jobseekers Act 1995 or Part 1 of the Welfare Reform Act 2007”; and
(b) in section 75 (short title, commencement and extent)–
(i) in subsection (5), for “subsection (6)” substitute “subsections (5A) and (6)”, and
(ii) after subsection (5) insert–
“5A In section 56(6) (prohibition of requirement as to production of certain records), paragraph (2)(e) of the Table in that section, insofar as it relates to Part 1 of the Welfare Reform Act 2007, extends to England and Wales and Scotland only.”.
PART 3
AMENDMENTS TO SECONDARY LEGISLATION
Amendments to the Social Security Benefit (Dependency) Regulations 1977
5. In Schedule 2 to the Social Security Benefit (Dependency) Regulations 197712(prescribed circumstances for increase of a carer’s allowance)—
(a) in paragraph 613, for “section 49” substitute “section 90 of the Contributions and Benefits Act14”; and
(b) in paragraph 715, for “the Act” substitute “the Contributions and Benefits Act”.
Amendments to the Statutory Sick Pay (General) Regulations 1982
6. In regulation 2 of the Statutory Sick Pay (General) Regulations 198216(persons deemed incapable of work)—
(a) in paragraph (1)(b), for “by reason of his being a carrier, or having been in contact with a case, of a relevant disease” substitute “by reason of it being known or reasonably suspected that he is infected or contaminated by, or has been in contact with a case of, a relevant infection or contamination”; and
(b) in paragraph (3), for the definition of “relevant disease” substitute—
““relevant infection or contamination” means—
(a) in England and Wales–
(i) any incidence or spread of infection or contamination, within the meaning of section 45A(3) of the Public Health (Control of Disease) Act 198417in respect of which regulations are made under Part 2A of that Act18(public health protection) for the purpose of preventing, protecting against, controlling or providing a public health response to, such incidence or spread, or
(ii) any disease, food poisoning, infection, infectious disease or notifiable disease to which regulation 9 (powers in respect of persons leaving aircraft) of the Public Health (Aircraft) Regulations 197919applies or to which regulation 10 (powers in respect of certain persons on ships) of the Public Health (Ships) Regulations 197920applies; and
(b) in Scotland, any–
(i) infectious disease within the meaning of section 1(5) of the Public Health etc (Scotland) Act 200821, or exposure to an organism causing that disease, or
(ii) contamination within the meaning of section 1(5) of that Act, or exposure to a contaminant,
to which sections 56 to 58 of that Act (compensation) apply.”.
Amendments to the Income Support (General) Regulations 1987
7.—(1) The Income Support (General) Regulations 198722are amended as follows.
(2) In regulation 2(1) (interpretation)—
(a)
(a) in the definition of “qualifying person” after “the Skipton Fund23” insert “, the Caxton Foundation”; and
(b)
(b) after the definition of “terminal date” insert–
““the Caxton Foundation” means the charitable trust of that name established on 28th March 2011 out of funds provided by the Secretary of State for the benefit of certain persons suffering from hepatitis C and other persons eligible for payment in accordance with its provisions;”.
(3) In regulation 21AA24(special cases: supplemental – persons from abroad) omit paragraph (4)(f)(i).
(4) For regulation 42(1) (notional income), substitute—
“1 A claimant is to be treated as possessing income of which the claimant has deprived themselves for the purpose of securing entitlement to income support or increasing the amount of that benefit, or for the purpose of securing entitlement to, or increasing the amount of a jobseeker’s allowance or an employment and support allowance.”.
(5) In regulations 42(4ZA)(a)25and 48(10)(c) (income treated as capital), paragraph 18(8)(b) of Schedule 3 (housing costs), paragraphs 21(2) and 39(1) of Schedule 9 (sums to be disregarded in the calculation of income other than earnings) and paragraph 29 of Schedule 10 (capital to be disregarded), after “MFET Limited” insert “, the Skipton Fund, the Caxton Foundation”.
(6) In regulation 51(3A)(a)26(notional capital), paragraph 39(7) of Schedule 9 and paragraph 22(1) and (7) of Schedule 10, after “the Skipton Fund” insert “, the Caxton Foundation”.
(7) In paragraph 13A(1A) of Schedule 227(applicable amounts: enhanced disability premium) after “claimant” insert “or partner”.
(8) In paragraph 11 of Schedule 9 and paragraph 63 of Schedule 10—
(a)
(a) in sub-paragraph (1), after paragraph (a)(iii) omit “or”;
(b)
(b) in sub-paragraph (1), after paragraph (b) add–
“; or
(c)
(c) in England, by way of financial assistance made pursuant to section 14 of the Education Act 2002.”; and
(c)
(c) in sub-paragraph (2), after “education maintenance allowance” insert “or other payment”.
Amendments to the Social Security (Claims and Payments) Regulations 1987
8. Paragraph 1 of Schedule 9 to the Social Security (Claims and Payments) Regulations 198728(deductions from benefit and direct payment to third parties) is amended as follows—
(a) in sub-paragraph (1)–
(i) in the definition of “contribution-based jobseeker’s allowance” before “means” insert “(except where used in sub-paragraph (2)(b))”, and
(ii) in the definition of “contributory employment and support allowance” before “means” insert “(except where used in sub-paragraph (3)(b))”;
(b) for sub-paragraph (2)(b) substitute–
“(b)
“(b) contribution-based jobseeker’s allowance where—
(i) both income-based jobseeker’s allowance and contribution-based jobseeker’s allowance are in payment and the income-based jobseeker’s allowance alone is insufficient for the purposes of this Schedule; or
(ii) if there was no entitlement to contribution-based jobseeker’s allowance, there would be entitlement to income-based...
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