The Social Security (Miscellaneous Amendments) (No. 2) Regulations 2010
| Jurisdiction | UK Non-devolved |
| Citation | SI 2010/641 |
| Year | 2010 |
2010 No. 641
Social Security
The Social Security (Miscellaneous Amendments) (No. 2) Regulations 2010
Made 7th March 2010
Laid before Parliament 11th March 2010
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 123(1)(a), (d) and (e), 130(2), 131(3), 135(1), 136(3) and (5), 136A(2) and (3), 137(1) and (2)(d), (f) and (i), 138(1)(a) and (4) and 175(1), (3) and (4) of the Social Security Contributions and Benefits Act 19921,
sections 5(1)(h), 6(1)(h), and 189(1), (4) and (5) and 191 of the Social Security Administration Act 19922,
sections 3(1)(f)(iii), 3A(1)(e)(ii), 4(5), 12(4)(a) to (c), 20B(4) and (6), 35(1) and 36(2) and (4) and paragraphs 1(2)(b) and 8A(1) of Schedule 1 to the Jobseekers Act 19953,
section 29 and paragraph 8 of Schedule 1 to the Social Security (Recovery of Benefits) Act 19974,
sections 2(3)(b), 7(7)(a), 15(1)(f), (6)(a) and (b) and 17(1) of the State Pension Credit Act 20025, and
sections 4(2), 17(1) and (3)(a) and (b), 24(1) and 25(2), (3) and (5) of the Welfare Reform Act 20076.
The Social Security Advisory Committee have agreed that the proposals in respect of these Regulations should not be referred to it7.
In respect of the provisions in these Regulations relating to housing benefit and council tax benefit, the Secretary of State has consulted the organisations appearing to him to be representative of the authorities concerned8.
Citation and commencement
1.—(1) These Regulations may be cited as the Social Security (Miscellaneous Amendments) (No. 2) Regulations 2010 and subject to paragraphs (2) to (4) come into force on 6th April 2010.
(2) This regulation comes into force on 1st April 2010.
(3) The following provisions come into force on 5th April 2010 in relation to any case where rent is payable at intervals of a week or any multiple of whole weeks, and in any other case on 1st April 2010—
(a)
(a) regulation 8(1) to (3), (5) to (8) and (10) to (12),
(b)
(b) regulation 9(1) to (3) and (5),
(c)
(c) regulation 10(1) to (3), (5) to (8) and (10) to (12), and
(d)
(d) regulation 11(1) to (3) and (5).
(4) The following provisions come into force on 13th April 2010—
(a)
(a) regulation 2(9),
(b)
(b) regulation 4(11), and
(c)
(c) regulation 6(4) and (5).
Amendments to the Income Support (General) Regulations 1987
2.—(1) The Income Support (General) Regulations 19879are amended as follows.
(2) In regulation 2(1) (interpretation) at the appropriate place insert the following definition—
““MFET Limited” means the company limited by guarantee (number 7121661) of that name, established for the purpose in particular of making payments in accordance with arrangements made with the Secretary of State to persons who have acquired HIV as a result of treatment by the NHS with blood or blood products ;”.
(3) In—
(a)
(a) regulation 2(1) in the definition of “qualifying person”10,
(b)
(b) regulation 42(4ZA)(a)11(notional income),
(c)
(c) regulation 48(10)(c)12(income treated as capital),
(d)
(d) regulation 51(3A)(a)13(notional capital),
(e)
(e) Schedule 3 (housing costs), paragraph 18(8)(b)14,
(f)
(f) Schedule 9 (sums to be disregarded in the calculation of income other than earnings), paragraph 21(2)15and 39(1)16and (7)17, and
(g)
(g) Schedule 10 (capital to be disregarded), paragraph 22(1)18and (7)19,
after “Eileen Trust” insert “, MFET Limited”.
(4) In regulation 6(1)(c) (persons not treated as engaged in remunerative work) after “earnings)” insert—
“and in this paragraph “volunteer” means a person who is engaged in voluntary work, otherwise than for a relative, where the only payment received, or due to be paid to the person by virtue of being so engaged, is in respect of any expenses reasonably incurred by the person in connection with that work”.
(5) In regulation 13(2)(dd)20(circumstances in which persons in relevant education are to be entitled to income support) after “and families)” insert “or Part II of the Children (Scotland) Act 199521(promotion of children’s welfare by local authorities and by children’s hearings etc)”.
(6) In regulation 42 in—
(a)
(a) paragraph (2)(g)22for “is aged under 60”, substitute “has not attained the qualifying age for state pension credit”,
(b)
(b) paragraph (2ZA)23for “age of 60”, substitute “qualifying age for state pension credit”,
(c)
(c) paragraph (2A)24for “aged not less than 60”, substitute “who has attained the qualifying age for state pension credit”.
(7) In—
(a)
(a) regulation 42(4ZA)(a),
(b)
(b) regulation 48(10)(c),
(c)
(c) regulation 51(3A)(a),
(d)
(d) Schedule 3, paragraph 18(8)(b),
(e)
(e) Schedule 9, paragraph 39(1) to (5), and
(f)
(f) Schedule 10, paragraphs 22(1) to (5) and 2925,
after “under” insert “or by”.
(8) In regulation 51(2)(da)26for “is aged under 60”, substitute “has not attained the qualifying age for state pension credit”.
(9) In Schedule 2 (applicable amounts), paragraph 1(3)(a)(ii), paragraph 1(3)(e)(i), paragraph 1(3)(f)(i) and paragraph 1(3)(g)(i)27, after “regulation 4ZA” insert “or income-related employment and support allowance”.
(10) In Schedule 9, paragraph 5828and Schedule 10, paragraph 6729after “1968” insert “, or under sections 12A to 12D of the National Health Service Act 2006 (direct payments for health care)30”.
(11) In Schedule 10, paragraph 29 after “the Fund” insert “, MFET Limited”.
Amendments to the Social Security (Claims and Payments) Regulations 1987
3. In the Social Security (Claims and Payments) Regulations 198731in regulation 7(4)32(evidence and information) for “is aged not less than 60”, substitute “has attained the qualifying age”.
Amendments to the Jobseeker’s Allowance Regulations 1996
4.—(1) The Jobseeker’s Allowance Regulations 199633are amended as follows.
(2) In regulation 1(3) (citation, commencement and interpretation)—
(a)
(a) at the appropriate place insert the following definition—
““MFET Limited” means the company limited by guarantee (number 7121661) of that name, established for the purpose in particular of making payments in accordance with arrangements made with the Secretary of State to persons who have acquired HIV as a result of treatment by the NHS with blood or blood products;”;
(b)
(b) in the definition of “full-time student”34—
(i) in each place where it occurs, for “undertaking” substitute “attending or undertaking”, and
(ii) in paragraph (b)(i) after “attending” insert “or undertaking”.
(3) In—
(a)
(a) regulation 1(3) in the definition of “qualifying person”35,
(b)
(b) regulation 105(10A)(a)36(notional income),
(c)
(c) regulation 110(10)(c)37(income treated as capital),
(d)
(d) regulation 113(3A)(a)38(notional capital),
(e)
(e) Schedule 2 (housing costs) in paragraph 17(8)(b)39,
(f)
(f) Schedule 7 (sums to be disregarded in the calculation of income other than earnings), paragraph 22(2)40, and
(g)
(g) Schedule 8 (capital to be disregarded), paragraphs 27(1)41and 31,
after “Eileen Trust” insert “, MFET Limited”.
(4) In regulation 3E(2)(i)42(entitlement of a member of a joint-claim couple to a jobseeker’s allowance without a claim being made jointly by the couple) for “seven weeks after the date on which the pregnancy ends where the expected week of confinement begins prior to 6th April 2003 or fifteen weeks after the date on which her pregnancy ends where the expected week of confinement begins on or after 6th April 2003”, substitute “twenty eight weeks after the date on which the pregnancy ends”.
(5) In regulation 53(a) (persons treated as not engaged in remunerative work) after “earnings)” insert—
“and in this paragraph “volunteer” means a person who is engaged in voluntary work, otherwise than for a relative, where the only payment received, or due to be paid to the person by virtue of being so engaged, is in respect of any expenses reasonably incurred by the person in connection with that work”.
(6) In regulation 57(4)(a) (interpretation of Part IV), subject to paragraph (14) below, omit—
(a)
(a) “Paragraph 10 (disabled students)”,
(b)
(b) “Paragraph 12”, and
(c)
(c) “Paragraph 13 (blind persons)”.
(7) In regulation 105 in—
(a)
(a) paragraph (2)(g)43for “is aged under 60”, substitute “has not attained the qualifying age for state pension credit”;
(b)
(b) paragraph (2B)44for “age of 60”, substitute “qualifying age for state pension credit”;
(c)
(c) paragraph (3)45for “aged not less than 60”, substitute “who has attained the qualifying age for state pension credit”.
(8) In—
(a)
(a) regulation 105(10A)(a),
(b)
(b) regulation 110(10)(c),
(c)
(c) regulation 113(3A)(a),
(d)
(d) Schedule 2, paragraph 17(8)(b),
(e)
(e) Schedule 7, paragraph 41(1) to (5)46, and
(f)
(f) Schedule 8, paragraphs 27(1) to (5) and 31,
after “under” insert “or by”.
(9) In regulation 113(2)(da)47for “is aged under 60”, substitute “has not attained the qualifying age for state pension credit”.
(10) In regulation 130 (interpretation) at the appropriate place insert—
““last day of the course” means the date on which the last day of the final academic term falls in respect of the course in which the student is enrolled;”.
(11) For regulation 146G(1)48(applicable amount in hardship cases for joint-claim couples), substitute—
“1 The weekly applicable amount of the joint-claim couple to whom a joint-claim jobseeker’s allowance is payable in accordance with this Part of these Regulations shall be reduced by a sum equivalent to—
(a) 20% of the amount specified in paragraph 1(1)(e) of Schedule 1 in a case where a member of a joint-claim couple is—
(i) either pregnant or seriously ill, or
(ii) a member of a polygamous marriage and one of the members of that marriage is pregnant or seriously ill, or
(b) 40% of the amount specified in paragraph 1(1)(e) of Schedule 1 in all...
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