The Social Security (Miscellaneous Amendments) (No. 3) Regulations 2010
| Jurisdiction | UK Non-devolved |
| Citation | SI 2010/840 |
| Year | 2010 |
2010 No. 840
Social Security
The Social Security (Miscellaneous Amendments) (No. 3) Regulations 2010
Made 17th March 2010
Laid before Parliament 22th March 2010
Coming into force 28th June 2010
The Secretary of State for Work and Pensions, in exercise of the powers conferred by sections 86A(1), 171A(2), 171D, 171G(2) and 175(1), (3) and (4) of the Social Security Contributions and Benefits Act 19921, sections 1(1), 5(1)(k) and (r), 7B(3), 189(1), (4) and (5) and 191 of the Social Security Administration Act 19922, sections 9(1), 10(3) and (6), 11(1), 17(2), 22(2), 79(1) and (4) to (6) and 84 of the Social Security Act 19983and sections 2(4)(a), 4(2)(a) and (6)(a), 8(1), (4), (5), and (6), 11(2)(d) and (g), 12(2)(i), 17(3)(b), 24(1), (2)(b) and (3), 25(2), (3) and (5) and 28(2) of, and paragraph 3(2) of Schedule 1 and paragraphs 1(a), 6, 8, 9(a) and 10 of Schedule 2 to, the Welfare Reform Act 20074makes the following Regulations:
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.
Citation and commencement
1. These Regulations may be cited as the Social Security (Miscellaneous Amendments) (No. 3) Regulations 2010 and shall come into force on 28th June 2010.
Amendment of the Social Security (Claims and Payments) Regulations 1987
2. For regulation 3(j) of the Social Security (Claims and Payments) Regulations 19875(claims not required for entitlement to benefit in certain cases) substitute—
“(j)
“(j) in the case of an employment and support allowance where —
(i) the beneficiary has made and is pursuing an appeal against a decision of the Secretary of State that embodies a determination that the beneficiary does not have limited capability for work, and
(ii) that appeal relates to a decision to terminate or not to award a benefit for which a claim was made.”.
Amendment of the Social Security (Payments on account, Overpayments and Recovery) Regulations 1988
3. In regulation 5(2) of the Social Security (Payments on account, Overpayments and Recovery) Regulations 19886(offsetting prior payment against subsequent award), in sub-paragraphs (a) and (b) of case 3, after “severe disablement allowance” insert “, employment and support allowance for those persons with limited capability for work in relation to youth in accordance with paragraph 4 of Schedule 1 to the Welfare Reform Act 2007,”.
Amendment of the Social Security Contributions and Benefits Act 1992
4. In section 44A of the Social Security Contributions and Benefits Act 19927(deemed earnings factors)—
(a) in subsection (2)(d)(i)—
(i) for “paragraph 1” substitute “in paragraphs 1 and 2”, and
(ii) after “Welfare Reform Act” insert “2007”, and
(b) in subsection (7)(b) after “Welfare Reform Act” insert “2007”.
Amendment of the Social Security (Incapacity Benefit – Increases for Dependants) Regulations 1994
5. In regulation 9(1)(a)(i) and (b) of the Social Security (Incapacity Benefit – Increases for Dependants) Regulations 19948(increase of incapacity benefit for adult dependants and persons having the care of children or qualifying young persons) for “is aged at least 60” substitute “has reached the qualifying age referred to in section 1(6) of the State Pension Credit Act 20029”.
Amendment of the Social Security (Incapacity for Work) (General) Regulations 1995
6.—(1) The Social Security (Incapacity for Work) (General) Regulations 199510are amended as follows.
(2) In regulation 2 (interpretation) in the definition of “medical evidence” for “doctor” substitute “health care professional”.
(3) After regulation 16 (person who works to be treated as capable of work) insert—
“Persons to be treated as capable of work at the end of the period covered by medical evidence
16A. Where the Secretary of State is satisfied that it is appropriate in the circumstances of the case then a person may be treated as being capable of work if—
(a) the person has supplied medical evidence in accordance with regulation 28(2)(a);
(b) the period for which medical evidence was supplied has ended;
(c) the Secretary of State has requested further medical evidence; and
(d) the person has not, before whichever is the later of either the end of the period of six weeks beginning with the date of the Secretary of State’s request or the end of six weeks beginning with the day after the end of the period for which medical evidence was supplied—
(i) supplied further medical evidence, or
(ii) otherwise made contact with the Secretary of State to indicate a wish to have the question of incapacity for work determined.”.
(4) In regulation 17 (exempt work)—
(a)
(a) in paragraph (3)(b) before “voluntary” insert “by a” and after “organisation” insert “or community interest company11”;
(b)
(b) for paragraph (4)(a) substitute—
“(a)
“(a) is done during a period of specified work, provided that—
(i) the person has not previously done specified work,
(ii) since the beginning of the last period of specified work, the person has ceased to be entitled to a relevant benefit for a continuous period exceeding 8 weeks, or
(iii) not less than 52 weeks have elapsed since the last period of specified work; or”; and
(c)
(c) after paragraph (8) add—
“9 For the purposes of this regulation, a period of specified work begins on the first day on which any specified work is undertaken and continues for a period of 52 weeks, whether or not any further specified work is undertaken during that period.”.
Amendment of the Social Security and Child Support (Decisions and Appeals) Regulations 1999
7.—(1) The Social Security and Child Support (Decisions and Appeals) Regulations 199912are amended as follows.
(2) In regulation 3 (revision of decisions) before paragraph (6) insert—
“5E A decision under section 8 or 10 awarding an employment and support allowance may be revised if—
(a) the decision of the Secretary of State awarding an employment and support allowance was made on the basis that the claimant had made and was pursuing an appeal against a decision of the Secretary of State that the claimant did not have limited capability for work (“the original decision”); and
(b) the appeal to the First-tier Tribunal in relation to the original decision is successful.
5F A decision under section 8 or 10 awarding an employment and support allowance may be revised if—
(a) the person’s current period of limited capability for work is treated as a continuation of another such period under regulation 145(1) and (2) of the Employment and Support Allowance Regulations; and
(b) regulation 7(1)(b) of those Regulations applies.”.
(3) In regulation 6 (supersession of decisions) for paragraph (2)(r) substitute—
“(r)
“(r) is an employment and support allowance decision where, since the decision was made, the Secretary of State has—
(i) received medical evidence from a health care professional approved by the Secretary of State, or
(ii) made a determination that the claimant is to be treated as having limited capability for work in accordance with regulation 20, 25, 26 or 33(2) of the Employment and Support Allowance Regulations.”.
(4) In regulation 7 (date from which a decision superseded under section 10 takes effect)—
(a)
(a) for paragraph (38) substitute—
“38 A decision made in accordance with regulation 6(2)(r) that embodies a determination that the claimant has—
(a) limited capability for work; or
(b) limited capability for work-related activity; or
(c) limited capability for work and limited capability for work-related activity
which is the first such determination shall take effect from the beginning of the 14th week of entitlement.”; and
(b)
(b) after paragraph (39) add—
“40 A decision made in accordance with regulation 6(2)(r) that embodies a determination that the claimant has—
(a) limited capability for work; or
(b) limited capability for work-related activity; or
(c) limited capability for work and limited capability for work-related activity
where regulation 5 of the Employment and Support Allowance Regulations (assessment phase – previous claimants) applies shall take effect from the beginning of the 14th week of the person’s continuous period of limited capability for work.”.
(5) In regulation 7A(1) (definitions for the purposes of Chapters I and II) after “6(2)(g)” insert “, 6(2)(r)”.
(6) In regulation 17(5) (provision of information or evidence) for “(e)” substitute “(f)”.
Amendment of the Social Security (Claims and Information) Regulations 2007
8. In regulation 1(3) of the Social Security (Claims and Information) Regulations 200713(citation, commencement and interpretation) after “disability living allowance;” insert—
“(ee)
“(ee) employment and support allowance;”.
Amendment of the Employment and Support Allowance Regulations 2008
9.—(1) The Employment and Support Allowance Regulations 200814are amended as follows.
(2) In regulation 2 (interpretation)—
(a)
(a) in paragraph (1)—
(i) omit the definition of “medical examination centre”;
(ii) in the definition of “period of limited capability for work” for “a period throughout which a person has, or is treated as having, limited...
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