The Universal Credit and Miscellaneous Amendments (No.2) Regulations 2014

JurisdictionUK Non-devolved

2014No. 2888

SOCIAL SECURITY

The Universal Credit and Miscellaneous Amendments (No.2) Regulations 2014

29thOctober2014

4thNovember2014

26thNovember2014

The Secretary of State for Work and Pensions, in exercise of the powers conferred by sections 135(1), (5) and (6), 136(3) and (4), 136A(3), 137(1) and 175(1), (3) and (4) of the Social Security Contributions and Benefits Act 1992( 1), sections 5(1)(i), (p) and (r) and (1A) of the Social Security Administration Act 1992( 2), sections 4(5), 35(1), 36(1), (2) and (4)(a) of the Jobseekers Act 1995( 3), sections 2(3)(b), 15(3) and (6)(b) and 17(1) of the State Pension Credit Act 2002( 4), sections 4(2)(a), 24(1) and 25(2), (3) and (5) of, and paragraph 2 of Schedule 2 to the Welfare Reform Act 2007( 5) and sections 8(3), 10(2) and (3), 11(4), 19(2)(d), 22(2), 32, 40 and 42 of, and paragraph 4(1), (3) and (4) of Schedule 1 to the Welfare Reform Act 2012(( 6), makes the following Regulations.

The Social Security Advisory Committee has agreed that proposals in respect of these Regulations need not be referred to it( 7).

In respect of provisions in these Regulations relating to housing benefit, in accordance with section 176(1) of the Social Security Administration Act 1992( 8), the Secretary of State has consulted with organisations appearing to him to be representative of the authorities concerned.

Citation and commencement

1.-(1) These Regulations may be cited as the Universal Credit and Miscellaneous Amendments (No.2) Regulations 2014 and come into force on 26th November 2014.

(2) Where any amendment made by these Regulations applies in respect of an existing award of universal credit, that amendment has effect for the purposes of that award-

(a) on 26th November 2014, if there is an assessment period for that award that begins on that day; or

(b) if sub-paragraph (a) does not apply, on the first day of the next assessment period for the award to begin after that day.

Extent

2.-(1) These Regulations extend to England and Wales and Scotland only, except as provided by paragraph (2).

(2) Regulation 9(2) extends to England and Wales but applies in relation to England only.

Meaning of "blind"

3.-(1) The Universal Credit Regulations 2013( 9) are amended as follows-

(a) in regulation 2 (interpretation)( 10)-

(i) omit the definition of "registered as blind";

(ii) after the definition of "bereavement allowance" insert-

""blind" means certified as severely sight impaired or blind by a consultant ophthalmologist;";

(b) in regulation 24 (the child element) in paragraph (2)(b)(ii) omit the words "registered as";

(c) in Schedule 4 (housing costs element for renters) in paragraph 15(2)(a) (exempt renters) omit the words "registered as".

(2) The Income Support (General) Regulations 1987( 11) are amended as follows-

(a) in Schedule 2 (applicable amounts)-

(i) in paragraph 12 (additional condition for the higher pensioner and disability premiums)-

(aa) for sub-paragraph (1)(a)(iii) substitute-

"(iii) is certified as severely sight impaired or blind by a consultant ophthalmologist; or";

(bb) for sub-paragraph (2) substitute-

"(2) For the purposes of sub-paragraph (1)(a)(iii), a person who has ceased to be certified as severely sight impaired or blind on regaining his eyesight shall nevertheless be treated as severely sight impaired or blind, as the case may be, and as satisfying the additional condition set out in that sub-paragraph for a period of 28 weeks following the date on which he ceased to be so certified.";

(ii) in paragraph 13 (severe disability premium)( 12)-

(aa) in sub-paragraph (2A) for "blind or is treated as blind" substitute "severely sight impaired or blind or treated as severely sight impaired or blind";

(bb) in sub-paragraph (3)(d) for "blind or is treated as blind" substitute "severely sight impaired or blind or treated as severely sight impaired or blind";

(iii) in paragraph 14(1)(b) (disabled child premium) ( 13), for "blind or treated as blind" substitute "severely sight impaired or blind or treated as severely sight impaired or blind"; and

(b) in paragraph 18(6)(a) (non-dependant deductions) of Schedule 3 (housing costs), for "blind or treated as blind" substitute "severely sight impaired or blind or treated as severely sight impaired or blind".

(3) The Jobseeker's Allowance Regulations 1996( 14) are amended as follows-

(a) in Schedule 1 (applicable amounts)-

(i) in paragraph 14 (additional conditions for higher pensioner and disability premium)-

(aa) for sub-paragraph (1)(h) substitute-

"(h) the claimant or, as the case may be, his partner, is certified as severely sight impaired or blind by a consultant ophthalmologist.";

(bb) for sub-paragraph (2) substitute-

"(2) For the purposes of sub-paragraph (1)(h), a person who has ceased to be certified as severely sight impaired or blind on regaining his eyesight shall nevertheless be treated as severely sight impaired or blind, as the case may be, and as satisfying the additional condition set out in that sub-paragraph for a period of 28 weeks following the date on which he ceased to be so certified.";

(ii) in paragraph 15 (severe disability premium)-

(aa) in sub paragraph (3) for "blind or treated as blind" substitute "severely sight impaired or blind or treated as severely sight impaired or blind";

(bb) in sub-paragraph (4)(c) for "blind or treated as blind" substitute "severely sight impaired or blind or treated as severely sight impaired or blind";

(iii) in paragraph 16(1)(b) (disabled child premium)( 15) for "blind or treated as blind" substitute "severely sight impaired or blind or treated as severely sight impaired or blind";

(iv) in paragraph 20H (additional conditions for higher pensioner and disability premium)( 16)-

(aa) for sub-paragraph (1)(i) substitute-

"(i) is certified as severely sight impaired or blind by a consultant ophthalmologist.";

(bb) for sub-paragraph (3) substitute-

"(3) For the purposes of sub-paragraph (1)(i), a person who has ceased to be certified as severely sight impaired or blind on regaining his eyesight shall nevertheless be treated as severely sight impaired or blind, as the case may be, and as satisfying the additional condition set out in that sub-paragraph for a period of 28 weeks following the date on which he ceased to be so certified.";

(v) in paragraph 20I (severe disability premium)( 17)-

(aa) in sub-paragraph (2) for "blind or treated as blind" substitute "severely sight impaired or blind or treated as severely sight impaired or blind";

(bb) in sub-paragraph (3)(c) for "blind or treated as blind" substitute "severely sight impaired or blind or treated as severely sight impaired or blind"; and

(b) in paragraph 17(6)(a) (non-dependant deductions) of Schedule 2 (housing costs) for "blind or treated as blind" substitute "severely sight impaired or blind or treated as severely sight impaired or blind".

(4) The State Pension Credit Regulations 2002( 18) are amended as follows-

(a) in Schedule 1-

(i) in paragraph 1 (severe disablement)-

(aa) for sub-paragraph (1)(c)(ii) substitute-

"(ii) the other partner is certified as severely sight impaired or blind by a consultant ophthalmologist; and";

(bb) for sub-paragraph (3) substitute-

"(3) For the purposes of sub-paragraph (1)(c)(ii), a person who has ceased to be certified as severely sight impaired or blind on regaining his eyesight shall nevertheless be treated as severely sight impaired or blind, as the case may be, and as satisfying the requirements set out in that sub-paragraph for a period of 28 weeks following the date on which he ceased to be so certified.";

(ii) in paragraph 2(2) (persons residing with the claimant whose presence is ignored)-

(aa) for sub-paragraph (b) substitute-

"(b) is certified as severely sight impaired or blind by a consultant ophthalmologist;";

(bb) for sub-paragraph (c) substitute-

"(c) is no longer certified as severely sight impaired or blind in accordance with head (b) but was so certified not more than 28 weeks earlier;";

(b) in Schedule 2 (housing costs)-

(i) for paragraph 1(2)(a)(iii)(cc) (housing costs) substitute:

"(cc) is certified as severely sight impaired or blind by a consultant ophthalmologist or who is within 28 weeks of ceasing to be so certified;";

(ii) for paragraph 14(6)(a) (persons residing with the claimant) substitute-

"(a) certified as severely sight impaired or blind by a consultant ophthalmologist, or who is within 28 weeks of ceasing to be so certified; or"; and

(c) for paragraph 4(1)(b) of Schedule 6 (sums disregarded from claimant's earnings) substitute-

"(b) is or are certified as severely sight impaired or blind by a consultant ophthalmologist.".

(5) The Housing Benefit Regulations 2006( 19) are amended as follows-

(a) in regulation 28(13) (treatment of child care charges)( 20)-

(i) for sub-paragraph (b) substitute-

"(b) who is certified as severely sight impaired or blind by a consultant ophthalmologist;";

(ii) in sub-paragraph (c) for "registered as blind in such a register" substitute "certified as severely sight impaired or blind";

(b) in regulation 74(6)(a) (non-dependant deductions)( 21) for "blind or treated as blind" substitute "severely sight impaired or blind or treated as severely sight impaired or blind";

(c) in Schedule 3 (applicable amounts)-

(i) in paragraph 13 (additional condition for the disability premium)-

(aa) for sub-paragraph (1)(a)(v) substitute-

"(v) is certified as severely sight impaired or blind by a consultant ophthalmologist; or";

(bb) for sub-paragraph (2) substitute-

"(ii) For the purposes of sub-paragraph (1)(a)(v), a person who has ceased to be certified as severely sight impaired or blind on regaining his eyesight shall nevertheless be treated as severely sight impaired or blind, as the case may be, and as satisfying the additional condition set out in that sub-paragraph for a period of 28 weeks following the date on which he ceased to be so certified";

(ii) in paragraph 14 (severe...

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