The Social Security (Miscellaneous Amendments) (No. 3) Regulations 2013

JurisdictionUK Non-devolved
CitationSI 2013/2536

2013 No. 2536

Social Security

The Social Security (Miscellaneous Amendments) (No. 3) Regulations 2013

Made 2nd October 2013

Laid before Parliament 8th October 2013

Coming into force 29th October 2013

The Secretary of State for Work and Pensions makes the following Regulations in exercise of the powers conferred by sections 22(5), 95(1), 123(1)(a), 124(1)(d) and (e), 135(1) and (2), 136(3) and (5), 137(1) and 175(1), (3) and (4) of the Social Security Contributions and Benefits Act 19921, sections 5(1)(a) and (p), 189(1), (4), (5) and (6) and 191 of the Social Security Administration Act 19922, sections 2(3B), 4(2), (5) and (12), 6(4), 7(4), 12(1) and (4)(b), 17, 19C, 20(3), 35(1) and 36(1), (2) and (4) of, and paragraphs 1 and 12 of Schedule 1 to, the Jobseekers Act 19953, sections 10(3) and (6) and 79(4) and (5) of the Social Security Act 19984, section 115(3), (4) and (7) of the Immigration and Asylum Act 19995, sections 1(5)(a), 15(6)(b) and 17(1) of the State Pension Credit Act 20026and sections 2(1), 3, 4(2), 8, 9, 16A, 17(1) and (3), 24(1), (2) and (3), and 25(2), (3) and (5) of, and paragraphs 4(1) and 6(3) and (8) of Schedule 1 and paragraphs 1, 9, 10 and 15 of Schedule 2 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 provisions relating to housing benefit, in accordance with section 176(1) of that Act, the Secretary of State has consulted with organisations appearing to him to be representative of the authorities concerned.

S-1 Citation, commencement and extent

Citation, commencement and extent

1.—(1) These Regulations may be cited as the Social Security (Miscellaneous Amendments) (No. 3) Regulations 2013 and come into force on 29th October 2013.

(2) Regulations 4(7)(a) and (b), 6(5)(a) and (b) and (14)(a) and (b), 7(a) and (b) and 10(5)(a) and (b) extend to England and Wales only.

(3) Regulations 4(7)(c), 6(5)(c) and (14)(c), 7(c) and 10(5)(c) extend to Scotland only.

S-2 Amendment to the Social Security (Employed Earners’ Employments for Industrial Injuries Purposes) Regulations 1975

Amendment to the Social Security (Employed Earners’ Employments for Industrial Injuries Purposes) Regulations 1975

2. In paragraph 2 of Schedule 1 to the Social Security (Employed Earners’ Employments for Industrial Injuries Purposes) Regulations 19758for “a fire and rescue authority (as defined in section 1 of the Fire (Scotland) Act 2005) or a joint fire and rescue board constituted by an amalgamation scheme made under section 2(1) of that Act for the purposes of that authority or board under that Act” substitute “the Scottish Fire and Rescue Service established under section 1A of the Fire (Scotland) Act 2005”.

S-3 Amendment to the Social Security (Credits) Regulations 1975

Amendment to the Social Security (Credits) Regulations 1975

3. Omit regulation 8A(4) of the Social Security (Credits) Regulations 19759(credits for unemployment).

S-4 Amendments to the Income Support (General) Regulations 1987

Amendments to the Income Support (General) Regulations 1987

4.—(1) The Income Support (General) Regulations 198710are amended as follows.

(2) In regulation 2(1) (interpretation) in the definition of “enactment” after “Parliament” insert “or the National Assembly for Wales”.

(3) In regulation 4ZA (prescribed categories of person) omit paragraph (3)(a) and the “or” immediately following it.

(4) In regulation 13 (circumstances in which persons in relevant education are entitled to income support) omit paragraph (2)(bc) and the “or” immediately following it.

(5) In regulation 21AA(4) (special cases: supplemental – persons from abroad)—

(a)

(a) for sub-paragraph (h) substitute—

“(h)

“(h) a person who has been granted leave or who is deemed to have been granted leave outside the rules made under section 3(2) of the Immigration Act 197111where that leave is—

(i) discretionary leave to enter or remain in the United Kingdom;

(ii) leave to remain under the Destitution Domestic Violence concession12; or

(iii) leave deemed to have been granted by virtue of regulation 3 of the Displaced Persons (Temporary Protection) Regulations 200513;”;

(b)

(b) at the end of sub-paragraph (hh) add “or”; and

(c)

(c) omit sub-paragraphs (j) and (k).

(6) Omit regulation 22B (period for which applicable amount is to be calculated where person is not excluded from income support under section 115 of the Immigration and Asylum Act 1999).

(7) In paragraph 7(1) of Schedule 8 (sums to be disregarded in the calculation of earnings)—

(a)

(a) omit paragraph (a);

(b)

(b) omit paragraph (aa);

(c)

(c) omit paragraph (ab); and

(d)

(d) before paragraph (b) insert—

“(a)

“(a) a part-time fire-fighter employed by a fire and rescue authority under the Fire and Rescue Services Act 2004 or by the Scottish Fire and Rescue Service established under section 1A of the Fire (Scotland) Act 2005;”.

S-5 Amendments to the Social Security (Claims and Payments) Regulations 1987

Amendments to the Social Security (Claims and Payments) Regulations 1987

5.—(1) The Social Security (Claims and Payments) Regulations 198714are amended as follows.

(2) For regulation 5(1) (amendment and withdrawal of claim) substitute—

S-5

5.—(1) A person who has made a claim for benefit may amend it at any time before a determination has been made on the claim by notice in writing received at an appropriate office, by telephone call to a telephone number specified by the Secretary of State or in such other manner as the Secretary of State may decide or accept.

(1A) Any claim amended in accordance with paragraph (1) may be treated as if it had been so amended in the first instance.”.

(3) In paragraph 4 of Schedule 9 (deductions from benefit and direct payment to third parties)—

(a)

(a) for sub-paragraph (1)(b) substitute—

“(b)

“(b) in the case of income support, jobseeker’s allowance or employment and support allowance, is made to person who is in accommodation provided under section 3(1) of, and Part 2 of the Schedule to, the Polish Resettlement Act 194715(provision by the Secretary of State of accommodation in camps); or

(c)

(c) in the case of state pension credit, is made to a person residing in—

(i) a care home as defined in regulation 1(2) of the State Pension Credit Regulations16;

(ii) an independent hospital as defined in regulation 1(2) of those Regulations;

(iii) an establishment run by the Abbeyfield Society (including all bodies corporate or incorporate which are affiliated to the Society); or

(iv) accommodation provided under section 3(1) of, and Part 2 of the Schedule to, the Polish Resettlement Act 1947 where the person requires personal care,”;

(b)

(b) in sub-paragraph (2)(a), for “regulation 15(7)(d) of the State Pension Credit Regulations” substitute “sub-paragraph (1)(c)(ii)”; and

(c)

(c) in sub-paragraph (2A), for “or (b)” substitute “, (b) or (c)”.

S-6 Amendments to the Jobseeker’s Allowance Regulations 1996

Amendments to the Jobseeker’s Allowance Regulations 1996

6.—(1) The Jobseeker’s Allowance Regulations 199617are amended as follows.

(2) In regulation 1(3) (interpretation)—

(a)

(a) in the definition of “attendance allowance” omit paragraphs (c) and (d); and

(b)

(b) in the definition of “enactment” after “Parliament” insert “or the National Assembly for Wales”.

(3) For the definition of “part-time member of a fire brigade” in regulation 4 (interpretation) substitute—

““part-time member of a fire brigade” means a person who is a part-time fire-fighter employed by a fire and rescue authority under the Fire and Rescue Services Act 2004 or by the Scottish Fire and Rescue Service established under section 1A of the Fire (Scotland) Act 2005;”.

(4) In regulation 45B(1) (relaxation of the first set of conditions) omit “also”.

(5) In regulation 53(d) (persons treated as not engaged in remunerative work)—

(a)

(a) omit sub-paragraph (i);

(b)

(b) omit sub-paragraph (ia);

(c)

(c) omit sub-paragraph (ib); and

(d)

(d) before sub-paragraph (ii) insert—

“(i)

“(i) a part-time fire-fighter employed by a fire and rescue authority under the Fire and Rescue Services Act 2004 or by the Scottish Fire and Rescue Service established under section 1A of the Fire (Scotland) Act 2005;”.

(6) For regulation 55(4) (short periods of sickness) substitute—

S-4

“4 The preceding provisions of this regulation do not apply to any person where the first day in respect of which they are unable to work falls within eight weeks beginning with the day the person ceased to be entitled to statutory sick pay.”.

(7) For regulation 79(1)(a) and (b) (weekly amounts of contribution-based jobseeker’s allowance) substitute—

“(a)

“(a) in the case of a person who has not attained the age of 25, £56.80 per week;”.

(8) In regulation 85A(4) (special cases: supplemental – persons from abroad)—

(a)

(a) for sub-paragraph (h) substitute—

“(h)

“(h) a person who has been granted leave or who is deemed to have been granted leave outside the rules made under section 3(2) of the Immigration Act 1971 where that leave is—

(i) discretionary leave to enter or remain in the United Kingdom;

(ii) leave to remain under the Destitution Domestic Violence concession18; or

(iii) leave deemed to have been granted by virtue of regulation 3 of the Displaced Persons (Temporary Protection) Regulations 200519;”;

(b)

(b) at the end of sub-paragraph (hh) add “or”; and

(c)

(c) omit sub-paragraph (j) and (k).

(9) In regulation 94 (calculation of earnings derived from employed earner’s employment and income other than earnings)—

(a)

(a) for paragraph (2)(b) substitute—

“(b)

“(b) in any other case, a period equal to such number of weeks as is equal to the number obtained by applying the formula—

where—

E is the amount of net earnings, or in the case of income which does not consist of...

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