The Social Security (Restrictions on Amounts for Children and Qualifying Young Persons) Amendment Regulations 2017

JurisdictionUK Non-devolved
CitationSI 2017/376

2017 No. 376

Social Security

The Social Security (Restrictions on Amounts for Children and Qualifying Young Persons) Amendment Regulations 2017

Made 13th March 2017

Laid before Parliament 15th March 2017

Coming into force 6th April 2017

The Secretary of State, in exercise of the powers conferred by sections 123(1)(a) and (d), 135(1), 136(3) and (5)(b), 137 and 175(1), (3) and (4) of the Social Security Contributions and Benefits Act 19921, sections 4(5), 12(1) and (4)(b), 35 and 36(2) of the Jobseekers Act 19952, sections 4(5)(b), 10(4), 11(3)(b) and (c), 12(1) and (4)(b), 19(2)(d), 20(1)(b), 24(5), 40 and 42(1), (2) and (3) of, and paragraphs 4(1)(a) and (3)(a) and 5(1) of Schedule 1 and paragraphs 1(1) and 3(1)(b) of Schedule 6 to, the Welfare Reform Act 20123and sections 14(6) and 34 of the Welfare Reform and Work Act 20164, makes the following Regulations.

This instrument contains only regulations made under, by virtue of, or consequential upon, sections 13 and 14 of the Welfare Reform and Work Act 2016 and is made before the end of the period of 6 months beginning with the coming into force of those sections. Therefore, in accordance with section 173(5) of the Social Security Administration Act 19925, these Regulations are not required to be referred to the Social Security Advisory Committee.

In respect of the provisions in these Regulations relating to housing benefit, in accordance with section 176(1) of the Social Security Administration Act 1992, the Secretary of State has consulted with organisations appearing to him to be representative of the authorities concerned.

S-1 Citation and commencement

Citation and commencement

1. These Regulations may be cited as the Social Security (Restrictions on Amounts for Children and Qualifying Young Persons) Amendment Regulations 2017 and come into force on 6th April 2017.

S-2 Universal Credit – availability of the child element where maximum exceeded

Universal Credit – availability of the child element where maximum exceeded

2.—(1) The Universal Credit Regulations 20136are amended as follows.

(2) In regulation 2 (interpretation) insert at the appropriate place—

““step-parent”, in relation to a child or qualifying young person (“A”), means a person who is not A’s parent but—

(a) is a member of a couple, the other member of which is a parent of A, where both are responsible for A; or

(b) was previously a member of a couple, the other member of which was a parent of A, where immediately prior to ceasing to be a member of that couple the person was, and has since continued to be, responsible for A.”

(3) After regulation 24 (the child element) insert—

S-24A

— Availability of the child element where maximum exceeded

24A.—(1) Where a claimant is responsible for more than two children or qualifying young persons, the amount mentioned in section 10(1) of the Act is to be available in respect of—

(a)

(a) the first and second children or qualifying young persons in the claimant’s household; and

(b)

(b) the third and any subsequent child or qualifying young person in the claimant’s household if—

(i) the child or qualifying young person is transitionally protected; or

(ii) an exception applies in relation to that child or qualifying young person.

(2) A reference in paragraph (1) to a child or qualifying young person being the first, second, third or subsequent child or qualifying young person in the claimant’s household is a reference to the position of that child or qualifying young person in the order determined in accordance with regulation 24B.

(3) A child or qualifying young person is transitionally protected in the circumstances set out in regulation 40 of the Universal Credit (Transitional Provisions) Regulations 20147.

(4) An exception applies in relation to a child or qualifying young person in the circumstances set out in Schedule 12.

S-24B

— Order of children and qualifying young persons

24B.—(1) Subject to paragraph (2), the order of children or qualifying young persons in a claimant’s household is to be determined by reference to the following date in relation to each child or qualifying young person for whom the claimant is responsible (“A”), taking the earliest date first—

(a)

(a) where the claimant, or if the claimant is a member of a couple, the other member, is A’s parent or step-parent (in either case, other than by adoption), A’s date of birth; or

(b)

(b) in any other case, the date on which the claimant became responsible for A (or in the case of joint claimants where each of them became responsible for A on a different date, the earlier date).

(2) In a case where—

(a)

(a) the date in relation to two or more children or qualifying young persons for whom the claimant is responsible (as determined under paragraph (1)) is the same date; or

(b)

(b) a claimant gave birth to a child less than 10 months after becoming responsible for a child or qualifying young person to whom paragraph 4 of Schedule 12 (exception for non-parental caring arrangements) applies,

the order of those children or qualifying young persons (as between themselves only) in the claimant’s household is the order determined by the Secretary of State that ensures that the amount mentioned in section 10(1) of the Act is available in respect of the greatest number of children or qualifying young persons.

(3) In this regulation and Schedule 12, “claimant” means a single claimant or either of joint claimants.”

(4) After Schedule 11 (application of ESA or JSA sanctions to universal credit) insert—

SCHEDULE 12

Regulation 24A(4)

Availability of the child element where maximum exceeded - exceptions

1

Introduction

1 This Schedule provides for cases where, for the purposes of regulation 24A, an exception applies in relation to a child or qualifying young person for whom a claimant is responsible (“A”).

2

Multiple births

2 An exception applies where—

(a) the claimant is a parent (other than an adoptive parent) of A;

(b) A was one of two or more children born as a result of the same pregnancy;

(c) the claimant is responsible for at least two of the children or qualifying young persons born as a result of that pregnancy; and

(d) A is not the first in the order of those children or qualifying young persons as determined under regulation 24B.

3

Adoptions

3 An exception applies where A has been placed for adoption with, or adopted by, the claimant in accordance with the Adoption and Children Act 20028or the Adoption and Children (Scotland) Act 20079, but not where—

(a) the claimant (or, if the claimant is a member of a couple, the other member)—

(i) was a step-parent of A immediately prior to the adoption; or

(ii) has been a parent of A (other than by adoption) at any time;

(b) the adoption order made in respect of A was made as a Convention adoption order (as defined, in England and Wales, in section 144 of the Adoption and Children Act 2002 and in Scotland, in section 119(1) of the Adoption and Children Scotland Act 2007); or

(c) prior to that adoption, A had been adopted by the claimant (or, if the claimant is a member of a couple, the other member) under the law of any country or territory outside the British Islands.

4

Non-parental caring arrangements

4.—(1) An exception applies where the claimant—

(a)

(a) is a friend or family carer in relation to A; or

(b)

(b) is responsible for a child who is a parent of A.

(2) In this paragraph, “friend or family carer” means a person who is responsible for A, but is not (or, if that person is a member of a couple, neither member is) A’s parent or step-parent and—

(a)

(a) is named in a child arrangements order under section 8 of the Children Act 198910, that is in force with respect to A, as a person with whom A is to live;

(b)

(b) is a special guardian of A appointed under section 14A of that Act11;

(c)

(c) is entitled to a guardian’s allowance under section 77 of the Contributions and Benefits Act in respect of A;

(d)

(d) in whose favour a kinship care order, as defined in section 72(1) of the Children and Young People (Scotland) Act 201412, subsists in relation to A;

(e)

(e) is a guardian of A appointed under section 5 of the Children Act 198913or section 7 of the Children (Scotland) Act 199514;

(f)

(f) in whom one or more of the parental responsibilities or parental rights respectively described in section 1 and 2 of the Children (Scotland) Act 1995 are vested by a permanence order made in respect of A under section 80 of the Adoption and Children (Scotland) Act 200715;

(g)

(g) fell within any of paragraphs (a) to (f) immediately prior to A’s 16th birthday and has since continued to be responsible for A; or

(h)

(h) has undertaken the care of A in circumstances in which it is likely that A would otherwise be looked after by a local authority.

5

Non-consensual conception

5.—(1) An exception applies where—

(a)

(a) the claimant (“C”) is A’s parent; and

(b)

(b) the Secretary of State determines that—

(i) A is likely to have been conceived as a result of sexual intercourse to which C did not agree by choice, or did not have the freedom and capacity to agree by choice; and

(ii) C is not living at the same address as the other party to that intercourse (“B”).

(2) The circumstances in which C is to be treated as not having the freedom or capacity to agree by choice to the sexual intercourse are to include (but are not limited to) circumstances in which, at or around the time A was conceived—

(a)

(a) B was personally connected to C;

(b)

(b) B was repeatedly or continuously engaging in behaviour towards C that was controlling or coercive; and

(c)

(c) that behaviour had a serious effect on C.

(3) The Secretary of State may make the determination in sub-paragraph (1)(b)(i) only if—

(a)

(a) C provides evidence from an approved person which demonstrates that—

(i) C had contact with that approved person or another approved person; and

(ii) C’s circumstances are consistent with those of a person to whom sub-paragraphs (1)(a)...

To continue reading

Request your trial

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT