The Social Security (Breach of Community Order) (Consequential Amendments) Regulations 2001

Consequential amendments

2.—(1) In regulation 2(3A) of both the Housing Benefit (General) Regulations 1987(1) and the Council Tax Benefit (General) Regulations 1992(2) (interpretation), after sub-paragraph (c), there shall be added the following sub-paragraph—

“(d) in respect of which an income-based jobseeker’s allowance or a joint-claim jobseeker’s allowance would be payable but for a restriction imposed pursuant to section 62 or 63 of the Child Support, Pensions and Social Security Act 2000 (loss of benefit provisions).”.

(2) In the Social Security and Child Support (Decisions and Appeals) Regulations 1999(3)—

(a) in regulation 1(3) (citation, commencement and interpretation) after the definition of “legally qualified panel member” there shall be inserted the following definition—

““the Breach of Community Order Regulations” means the Social Security (Breach of Community Order) Regulations 2001(4);”;

(b) in regulation 3 (revision of decisions) after paragraph (8) there shall be inserted the following paragraph—

“(8A) Where a court makes a determination which results in a restriction being imposed pursuant to section 62 or 63 of the Child Support, Pensions and Social Security Act 2000 (loss of benefit provisions) and that determination is quashed or set aside by that or any other court, a decision of the Secretary of State under section 8(1)(a) or 10 made in accordance with regulation 6(2)(i) may be revised at any time.”;

(c) in regulation 6 (supersession of decisions) after paragraph (2)(h) there shall be added the following paragraph—

“(i) is a decision of the Secretary of State that a jobseeker’s allowance or income support is payable to a claimant where the Secretary of State is notified that a court has made a determination which results in a restriction being imposed pursuant to section 62 or 63 of the Child Support, Pensions and Social Security Act 2000.”;

(d) in regulation 7 (date from which a decision superseded under section 10 takes effect) after paragraph (26) there shall be added the following paragraph—

“(27) A decision to which regulation 6(2)(i) applies shall take effect from the beginning of the period specified—

(a) subject to sub-paragraphs (d) and (e), in relation to a jobseeker’s allowance—

(i) in regulation 3(1)(a) of the Breach of Community Order Regulations;

(ii) in regulation 3(1)(b) of those Regulations;

(b) subject to sub-paragraphs (d) and (e), in relation to income support—

(i) in regulation 3(3)(a) of the Breach of Community Order Regulations;

(ii) in regulation 3(3)(b) of those Regulations;

(c) subject to sub-paragraphs (d) and (e), in relation to a joint-claim jobseeker’s allowance—

(i) in regulation 3(4)(a) of the Breach of Community Order Regulations;

(ii) in regulation 3(4)(b) of those Regulations;

(d) in regulation 3(5) of the Breach of Community Order Regulations;

(e) in regulation 3(6) of the Breach of Community Order Regulations.”.

(3) In regulation 3(1) of the Social Security (Back to Work Bonus) (No. 2) Regulations 1996(5) (period of entitlement to a qualifying benefit: further provisions), after the words “section 19” there shall be inserted the words “or in accordance with section 62 or 63 of the Child Support, Pensions and Social Security Act 2000 (loss of benefit provisions)”.

(4) In the Jobseeker’s Allowance Regulations 1996(6)—

(a) at the end of regulation 47(4)(b)(ii) (jobseeking period) there shall be added the words “or by virtue of a restriction imposed pursuant to section 62 or 63 of the Child Support, Pensions and Social Security Act 2000 (loss of benefit provisions)”;

(b) for paragraph (1) of regulation 170 (persons in receipt of a training allowance) there shall be substituted the following paragraph—

“(1) A person who is not receiving training falling within paragraph (2) may be entitled to an income-based jobseeker’s allowance without—

(a) being available for employment;

(b) having entered into a jobseeker’s agreement; or

(c) actively seeking employment,

if he is in receipt of a training allowance or if he would be in receipt of a training allowance if the Social Security (Breach of Community Order) Regulations 2001 did not prevent the payment of a training allowance to him.”.

(5) At the end of regulation 8A(2) of the Social Security (Credits) Regulations 1975(7) (credits for unemployment), there shall be added the following—

“or

(d) a week in respect of which he would have been paid a jobseeker’s allowance but for a restriction imposed pursuant to section 62 or 63 of the Child Support, Pensions and Social Security Act 2000 (loss of benefit provisions)”.

(6) At the end of regulation 3 of the Discretionary Financial Assistance Regulations 2001(8) (circumstances in which discretionary housing payments may be made), there shall be added the following paragraph—

“(l) a restriction in relation to the payment of benefit imposed pursuant to section 62 or 63 of the Child Support, Pensions and Social Security Act 2000 (loss of benefit provisions)”.

(1)

S.I. 1987/1971; regulation 2(3A) was inserted by S.I. 1996/1510. Sub-paragraph (c) was inserted by S.I. 2000/1982.

(2)

S.I. 1992/1814; regulation 2(3A) was inserted by S.I. 1996/1510. Sub-paragraph (c) was inserted by S.I. 2000/1982.

(3)

S.I. 1999/991; the relevant amending instruments are S.I. 1999/1623 and 2677 and 2000/897, 1596 and 1982.

(4)

S.I. 2001/1395.

(5)

S.I. 1996/2570 to which there are amendments which are not relevant to these Regulations.

(6)

S.I. 1996/207.

(7)

S.I. 1975/556; regulation 8A was inserted by S.I. 1996/2367.

(8)

S.I. 2001/1167.