The Social Security (Miscellaneous Amendments) Regulations 2011

JurisdictionUK Non-devolved
CitationSI 2011/674

2011 No. 674

Social Security

The Social Security (Miscellaneous Amendments) Regulations 2011

Made 5th March 2011

Laid before Parliament 10th March 2011

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—

sections 30E(1), 123(1)(a), (d) and (e), 135(1), 136(3) and (5)(b), 137(1), 171A(2), 171D(2) and 175(1), (3) and (4) of, and paragraph 2(3) of Schedule 7 to, the Social Security Contributions and Benefits Act 19921,

sections 2A(1), (6) and (8), 5(1)(p), 15A(2)(a), 189(1),(4) and (5) and 191 of the Social Security Administration Act 19922,

sections 4(5), 12(1), 35(1) and 36(2) and (4) of, and paragraph 3 of Schedule 1 to, the Jobseekers Act 19953,

sections 10(6), 79(4) and (6) and 84 of the Social Security Act 19984, and

sections 3(2)(d), 4(2), 17(1) and (3)(b), 24(1) and 25(2) and (5) of, and paragraphs 1, 4, 9 and 10 of Schedule 2 to, the Welfare Reform Act 20075.

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 and the Industrial Injuries Advisory Council that proposals in respect of these Regulations should not be referred to them.

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 concerned6.

S-1 Citation and commencement

Citation and commencement

1.—(1) These Regulations may be cited as the Social Security (Miscellaneous Amendments) Regulations 2011.

(2) Regulations 1 and 12 to 15 come into force on 4th April 2011 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 2011.

(3) Regulations 3(5) and (6)(a), 7(6) and (7)(c), 11 and 16(11)(a), (12) and (13), so far as they relate to a particular claimant, come into force on the first day of the first benefit week to commence for that claimant on or after 11th April 2011.

(4) All other regulations come into force on 11th April 2011.

(5) In this regulation “benefit week” has the same meaning—

(a)

(a) for income support, as in regulation 2(1) (interpretation) of the Income Support (General) Regulations 19877;

(b)

(b) for jobseeker’s allowance, as in regulation 1(3) (citation, commencement and interpretation) of the Jobseeker’s Allowance Regulations 19968; and

(c)

(c) for employment and support allowance, as in regulation 2(1) (interpretation) of the Employment and Support Allowance Regulations 20089.

S-2 Amendments to the Social Security (General Benefit) Regulations 1982

Amendments to the Social Security (General Benefit) Regulations 1982

2. For regulation 16 of the Social Security (General Benefit) Regulations 198210(earnings level for the purposes of unemployability supplement under section 58 of the Social Security Act 1975) substitute—

S-16

16.—(1) For the purposes of section 58(3) (earnings level that does not disqualify for unemployability supplement) the prescribed amount of earnings in a year is determined as follows–

(a)

(a) multiply the National Minimum Wage by 16;

(b)

(b) where the amount determined by the calculation in sub-paragraph (a) would, but for this sub-paragraph, include an amount of–

(i) less than 50p, the amount determined under sub-paragraph (a) shall be rounded up to the nearest 50p, or

(ii) less than £1 but more than 50p, the amount determined under sub-paragraph (a) shall be rounded up to the nearest £1; and

(c)

(c) multiply the amount resulting from sub-paragraph (a) or (b) by 52.

(2) In this regulation “National Minimum Wage” means the rate of the national minimum wage specified in regulation 11 of the National Minimum Wage Regulations 199911(rate of the national minimum wage).”.

S-3 Amendments to the Income Support (General) Regulations 1987

Amendments to the Income Support (General) Regulations 1987

3.—(1) The Income Support (General) Regulations 198712are amended as follows.

(2) In regulation 31 (date on which income is treated as paid)—

(a)

(a) in paragraph (1) for “to (4) apply” substitute “applies”; and

(b)

(b) omit paragraphs (3) and (4)13.

(3) In regulation 32(1) (calculation of weekly amount of income) omit “and regulation 31(3) (date on which income is treated as paid)14”.

(4) In regulation 40(1) (calculation of income other than earnings) omit “and regulation 31(3) and (4) (date on which income is treated as paid)15”.

(5) In Schedule 2 (applicable amounts)—

(a)

(a) in paragraph 13A16(enhanced disability premium), after sub-paragraph (1) insert–

S-1A

“1A Where the condition in sub-paragraph (1) ceases to be satisfied because of the death of a child or young person, the condition is that the claimant is entitled to child benefit in respect of that person under section 145A of the Contributions and Benefits Act17(entitlement after death of child or qualifying young person).”; and

(b)

(b) in paragraph 1418(disabled child premium)–

(i) after sub-paragraph (1)(a) omit “or”,

(ii) after sub-paragraph (1)(b) insert–

“; or

(c)

(c) a child or young person in respect of whom section 145A of the Contributions and Benefits Act (entitlement after death of child or qualifying young person) applies for the purposes of entitlement to child benefit but only for the period prescribed under that section, and in respect of whom a disabled child premium was included in the claimant’s applicable amount immediately before the death of that child or young person, or ceased to be included in the claimant’s applicable amount because of that child or young person’s death.”, and

(iii) in sub-paragraph (2), after “condition” insert “in sub-paragraph (1)(a) or (b)”.

(6) In Schedule 3 (housing costs)—

(a)

(a) in paragraphs 4(4A)(b)19, 14(4)(b) and 14(12)(c) after “income” insert “equal to or”;

(b)

(b) in paragraph 14(1) omit “Subject to sub-paragraph (2),”; and

(c)

(c) omit paragraph 14(2).

S-4 Amendments to the Social Security (Claims and Payments) Regulations 1987

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

4.—(1) The Social Security (Claims and Payments) Regulations 198720are amended as follows.

(2) In Schedule 921(deductions from benefit and direct payment to third parties)—

(a)

(a) in the definition of “specified benefit” in paragraph 1(1) omit “but does not include any sum payable by way of child maintenance bonus in accordance with section 10 of the Child Support Act 1995 and the Child Maintenance Bonus Regulations 1996;”; and

(b)

(b) in paragraph 5 (service charges for fuel, and rent not falling within paragraph 2(1)(a)), for sub-paragraph (2)22substitute—

S-2

“2 For the purposes of sub-paragraph (1) arrears of rent do not include any amount which falls to be deducted under regulation 74 of the Housing Benefit Regulations23(non-dependant deductions) or, as the case may be, regulation 55 of the Housing Benefit (State Pension Credit) Regulations24(non-dependant deductions) when assessing a person’s housing benefit.”.

(3) In the definition of “relevant benefits” in paragraph 1 of Schedule 9A25(deductions of mortgage interest from benefit and payment to qualifying lenders), omit “but does not include any sum payable by way of child maintenance bonus in accordance with section 10 of the Child Support Act 1995 and the Child Maintenance Bonus Regulations 1996;”.

S-5 Amendments to the Social Security (Incapacity Benefit) Regulations 1994

Amendments to the Social Security (Incapacity Benefit) Regulations 1994

5. For regulation 8 of the Social Security (Incapacity Benefit) Regulations 199426(limit of earnings from councillor’s allowance) substitute—

S-8

8.—(1) For the purpose of section 30E(1) of the Contributions and Benefits Act (incapacity benefit: reduction for councillor’s allowance) the prescribed amount is 16 x National Minimum Wage, subject to paragraph (3).

(2) In this regulation “National Minimum Wage” means the rate of the national minimum wage specified in regulation 11 of the National Minimum Wage Regulations 1999 (rate of the national minimum wage).

(3) Where the amount determined by the calculation in paragraph (1) would, but for this paragraph, include an amount of–

(a)

(a) less than 50p, that amount shall be rounded up to the nearest 50p; or

(b)

(b) less than £1 but more than 50p, that amount shall be rounded up to the nearest £1.”.

S-6 Amendments to the Social Security (Incapacity for Work) (General) Regulations 1995

Amendments to the Social Security (Incapacity for Work) (General) Regulations 1995

6.—(1) The Social Security (Incapacity for Work) (General) Regulations 199527are amended as follows.

(2) In regulation 2(1) (interpretation), in the definition of “medical evidence”, after “medical evidence” insert “, except in regulation 16A,”.

(3) In regulation 16A28(persons to be treated as capable of work at the end of the period covered by medical evidence)—

(a)

(a) the existing provision becomes paragraph (1);

(b)

(b) in paragraph (1)(a) omit “in accordance with regulation 28(2)(a)”; and

(c)

(c) after paragraph (1) add—

S-2

“2 In this regulation “medical evidence” means evidence provided under regulation 2 or 5 of the Social Security (Medical Evidence) Regulations 197629.”.

(4) In regulation 1730(exempt work)—

(a)

(a) in paragraphs (3) and (4), for “£95.00” substitute “16 x National Minimum Wage, subject to paragraph (10),”;

(b)

(b) in paragraph (8) after the definition of “less than 16 hours a week” insert—

““National Minimum Wage” means the rate of the national minimum wage specified in regulation 11 of the National Minimum Wage Regulations 1999 (rate of the national minimum wage);”; and

(c)

(c) after paragraph (9)31add—

S-10

“10 Where the amount determined by the calculation in paragraphs (3) and (4) would, but for this paragraph, include an...

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