The Social Security (Income and Capital) (Miscellaneous Amendments) Regulations 2020

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations amend—

• the Income Support (General) Regulations 1987 (S.I. 1987/1967) (regulation 2),

• the Jobseeker’s Allowance Regulations 1996 (S.I. 1996/207) (regulation 3),

• the State Pension Credit Regulations (S.I. 2002/1792) (regulation 4),

• the Housing Benefit Regulations 2006 (S.I. 2006/213) (regulation 5),

• the Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 2006 (S.I. 2006/214) (regulation 6),

• the Employment and Support Allowance Regulations 2008 (S.I. 2008/794) (regulation 7),

• the Universal Credit Regulations 2013 (S.I. 2013/376) (regulation 8), and

• the Universal Credit (Transitional Provisions) Regulations 2014 (S.I. 2014/1230) (regulation 9).

Regulations 2(2) to (5) and (10) to (12), 3(2) to (5) and (10) to (12), 4(2) to (4)(a), 5(2) to (5) and (10), (11) and (12)(b) and (c), 6(2) to (4)(a), 7(2) to (5) and (10) to (12) and 8(5) make amendments that provide for payments to a benefit recipient from the National Emergencies Trust, the Child Migrants Trust or in relation to the fire at Grenfell Tower on 14th June 2017 to be disregarded and not taken into account for the purposes of calculating benefit entitlement. The National Emergencies Trust launches public appeals in response to domestic disasters and emergencies, and coordinates the distribution of funds raised to victims and their families. The Child Migrants Trust makes payments under the scheme for former British child migrants, who were separated from their families and sent overseas as part of the UK government’s historic participation in child migration programmes. The scheme was set up by the government in response to a recommendation made by the Independent Inquiry into Child Sexual Abuse.

Regulations 4(4)(b) and (c), 5(12)(a), 6(4)(b) and (c) and 9 make amendments that provide for compensatory payments made for an assessment of a claimant’s entitlement to contributory employment and support allowance (under Part 1 of the Welfare Reform Act 2007 as amended by the provisions of Schedule 3, and Part 1 of Schedule 14, to the Welfare Reform Act 2012 that remove references to an income-related allowance) being prevented or delayed to be disregarded and not taken into account when for the purposes of calculating entitlement to other benefits.

Regulations 2(6) to (9), 3(6) to (9), 5(6) to (9), 7(6) to (9) and 8(2) to (4) and (6) make amendments in relation to student finance. A definition of “postgraduate loan” is substituted for the definition of “postgraduate master’s degree loan” and references to such loans are updated. The new definition of “postgraduate loan” includes any loan for a postgraduate master’s degree course or a postgraduate doctoral degree course pursuant to regulations made under section 22 of the Teaching and Higher Education Act 1998 (c. 30). 30% of the maximum amount of any such loan that a student could acquire is to be taken into account in calculating the student’s income for the purposes of determining the amount of an award of benefit.

A full impact assessment has not been produced for this instrument as no, or no significant, impact on the private, public or voluntary sectors is foreseen.