The Social Security (Miscellaneous Amendments) Regulations 2004

Amendment of the Jobseeker’s Allowance Regulations 1996 in relation to income and capital disregards

5.—(1) The Jobseeker’s Allowance Regulations 1996 M1 shall be amended in accordance with this regulation.

(2) In regulation 1(3) (interpretation) omit the definition of “ERA payment”M2 .

(3) In Schedule 7 (sums to be disregarded in the calculation of income other than earnings)—

(a) for paragraph 14 M3 substitute the following paragraph—

“14.— (1) Any payment made pursuant to section 2 of the Employment and Training Act 1973 or section 2 of the Enterprise and New Towns (Scotland) Act 1990 except a payment—

(a) made as a substitute for income support, a jobseeker’s allowance, incapacity benefit or severe disablement allowance;

(b) of an allowance referred to in section 2(3) of the Employment and Training Act 1973 or section 2(5) of the Enterprise and New Towns (Scotland) Act 1990;

(c) intended to meet the cost of living expenses which relate to any one or more of the items specified in sub-paragraph (2) whilst a claimant is participating in an education, training or other scheme to help him enhance his employment prospects unless the payment is a Career Development Loan paid pursuant to section 2 of the Employment and Training Act 1973 and the period of education or training or the scheme, which is supported by that loan, has been completed; or

(d) made in respect of the cost of living away from home to the extent that the payment relates to rent for which housing benefit is payable in respect of accommodation which is not normally occupied by the claimant as his home.

(2) The items specified in this sub-paragraph for the purposes of sub-paragraph (1)(c) are food, ordinary clothing or footwear, household fuel, rent for which housing benefit is payable, or any housing costs to the extent that they are met under regulation 83(f) or 84(1)(g) (housing costs), of the claimant or, where the claimant is a member of a family, any other member of his family, or any council tax or water charges for which that claimant or member is liable.

(3) For the purposes of this paragraph, “ordinary clothing or footwear” means clothing or footwear for normal daily use, but does not include school uniforms, or clothing or footwear used solely for sporting activities.”;

(b) in paragraph 50 omit from “or in accordance with” to “Act 1973,”;

(c) omit paragraphs 57 M4 , 58, 60 M5 , 60A M6 , 61 M7 , 63 M8 , 73 M9 and 74 M10 .

(4) In Schedule 8 (capital to be disregarded)—

(a) for paragraph 32 substitute the following paragraph—

“32.   Any payment made pursuant to section 2 of the Employment and Training Act 1973 or section 2 of the Enterprise and New Towns (Scotland) Act 1990, but only for the period of 52 weeks beginning on the date of receipt of the payment.”;

(b) in paragraph 40 omit—

(i) “, or a training bonus under section 2 of the Employment and Training Act 1973”; and

(ii) from “or in accordance with” to “Act 1973,”;

(c) omit paragraphs 45 M11 , 45A M12 , 46 M13 , 48 M14 , 62 M15 and 63 M16 .

Marginal Citations

M1 Relevant amending instruments are S.I. 1997/2863, 1998/563, 2117, 1999/3156, 2001/1029, 3767, 2002/2314, 2003/2279 and 2439.

M2 The definition of “ERA payment” was inserted by S.I. 2003/2279.

M3 Paragraph 14 was amended by S.I. 1997/2863 and 2001/1029.

M4 Paragraph 57 was inserted by S.I. 1997/65 and amended by S.I. 2001/3767.

M5 Paragraph 60 was inserted by S.I. 1997/2863 and substituted by S.I. 2001/1029.

M6 Paragraph 60A was inserted by S.I. 2002/2314.

M7 Paragraph 61 was inserted by S.I. 1997/2863.

M8 Paragraph 63 was inserted by S.I. 1998/563 and substituted by S.I. 1998/2117.

M9 Paragraph 73 was added by S.I. 2003/2279.

M10 Paragraph 74 was added by S.I. 2003/2439.

M11 Paragraph 45 was inserted by S.I. 1997/2863 and substituted by S.I. 2001/1029.

M12 Paragraph 45A was inserted by S.I. 2002/2314.

M13 Paragraph 46 was inserted by S.I. 1997/2863.

M14 Paragraph 48 was inserted by S.I. 1998/2117.

M15 Paragraph 62 was added by S.I. 2003/2279.

M16 Paragraph 63 was added by S.I. 2003/2439.