The Social Security (Miscellaneous Amendments) (No. 4) Regulations 2009

Amendments to the Income Support (General) Regulations 1987

2.—(1) The Income Support (General) Regulations 1987 are amended as follows.

(2) In regulation 2(1) (interpretation) at the appropriate places insert the following—

““enactment” includes an enactment comprised in, or in an instrument made under, an Act of the Scottish Parliament;”;

““public authority” includes any person certain of whose functions are functions of a public nature;”;

““service user group” means a group of individuals that is consulted by or on behalf of—

(a)

a Health Board, Special Health Board or the Agency in consequence of a function under section 2B of the National Health Service (Scotland) Act 1978(1),

(b)

a landlord authority in consequence of a function under section 105 of the Housing Act 1985(2),

(c)

a public authority in consequence of a function under section 49A of the Disability Discrimination Act 1995(3),

(d)

a best value authority in consequence of a function under section 3 of the Local Government Act 1999(4),

(e)

a local authority landlord or registered social landlord in consequence of a function under section 53 of the Housing (Scotland) Act 2001(5),

(f)

a relevant English body or a relevant Welsh body in consequence of a function under section 242 of the National Health Service Act 2006(6),

(g)

a Local Health Board in consequence of a function under section 183 of the National Health Service (Wales) Act 2006(7),

(h)

the Commission or the Office of the Health Professions Adjudicator in consequence of a function under sections 4, 5, or 108 of the Health and Social Care Act 2008(8),

(i)

the regulator or a registered provider in consequence of a function under sections 98, 193 or 196 of the Housing and Regeneration Act 2008(9), or

(j)

a public or local authority in Great Britain in consequence of a function conferred under any other enactment,

for the purposes of monitoring and advising on a policy of that body or authority which affects or may affect persons in the group, or of monitoring or advising on services provided by that body or authority which are used (or may potentially be used) by those persons;”.

(3) In regulation 4ZA(3)(10) (prescribed categories of person) omit sub-paragraph (d) and the preceding “or”.

(4) In regulation 13 (circumstances in which persons in relevant education are to be entitled to income support) omit paragraph (3)(b)(ii)(11).

(5) In the headings to regulations 25(12) (child maintenance or liable relative payments), 55(13) (treatment of child maintenance or liable relative payments), 58(14) (calculation of the weekly amount of a child maintenance or liable relative payment) and 59(15) (date on which a child maintenance or liable relative payment is to be treated as paid) omit “child maintenance or”.

(6) In regulation 25(16) and the heading to Chapter VII(17) of Part V (child maintenance and liable relative payments) omit “child maintenance and”.

(7) After regulation 35(2)(e) (earnings of employed earners) add—

“(f) any payment in respect of expenses arising out of the claimant’s participation in a service user group.”.

(8) In regulation 40(1)(18) (calculation of income other than earnings) after “earnings)” insert “and regulation 31(3) and (4) (date on which income is treated as paid)”.

(9) In regulation 42 (notional income)—

(a) after paragraph (2)(g)(19) insert—

“(ga) any sum to which paragraph (8ZA) applies;”;

(b) after paragraph (8) add—

“(8ZA) 8ZA) Paragraphs (1), (2), (3), (4), (5) and (6) shall not apply in respect of any amount of income other than earnings, or earnings derived from employment as an employed earner, arising out of the claimant’s participation in a service user group.”.

(10) In regulation 54 (interpretation)—

(a) omit the definition of “child maintenance”(20);

(b) in the definition of “payment”(21)—

(i) in paragraph (e)(i) for “family” substitute “partner or is made or derived from a person falling within sub-paragraph (d) of the definition of liable relative”;

(ii) after paragraph (h) add—

“(i) to which paragraph 73 of Schedule 9 (sums to be disregarded in the calculation of income other than earnings) applies.”;

(c) in paragraph (c) of the definition of “periodical payment”(22) omit “, after the appropriate disregard under paragraph 73 of Schedule 9 (sums to be disregarded in the calculation of income other than earnings) has been applied to it,”.

(11) In regulation 55(23) (treatment of child maintenance or liable relative payments) omit “and paragraph 73 of Schedule 9 (sums to be disregarded in the calculation of income other than earnings)”.

(12) In regulation 57(24) (period over which payments other than periodical payments are to be taken into account)—

(a) in paragraph (3) omit sub-paragraph (b) and the preceding “and”;

(b) in paragraph (10) omit “and, where applicable, the maximum disregard under paragraph 73 of Schedule 9”.

(13) In regulation 61(1) (interpretation) in the definition of “access funds”(25)—

(a) in sub-paragraph (a) for “7” substitute “68”;

(b) omit “and described as “learner support funds” or grants made under section 68 of that Act”.

(14) In Schedule 1B(26) (prescribed categories of person)—

(a) in paragraph 2, for “Social Work (Scotland) Act 1968” substitute “Children (Scotland) Act 1995(27)”;

(b) after paragraph 2 insert—

“Single persons looking after children placed with them prior to adoption

2A.   A single claimant or a lone parent with whom a child is placed for adoption by an adoption agency within the meaning of the Adoption and Children Act 2002(28) or the Adoption and Children (Scotland) Act 2007(29).”;

(c) in paragraph 15A(30)—

(i) for the heading substitute—

“Persons under 21 with no parents, or living away from their parents, undertaking full-time, non-advanced education”;

(ii) for sub-paragraph (1) substitute—

“(1) A person who satisfies the following conditions.”.

(15) In Schedule 3(31) (housing costs)—

(a) after paragraph 3(13)(b) insert—

“(ba) “period of study” has the meaning given in regulation 61(1) (interpretation);”;

(b) in paragraph 14(2)(32) for “has ceased” substitute “ceases on or before 11th April 2010”.

(16) In Schedule 8 (sums to be disregarded in the calculation of earnings)—

(a) in paragraph 1(1)(b)(33), for “regulation 35(1)(e)” substitute “sub-paragraph (2)(a) or (b)(ii)”;

(b) for paragraph 1(2)(a) substitute—

“(a) any payment of the nature described in—

(i) regulation 35(1)(e), or

(ii) section 28, 64 or 68 of the Employment Rights Act 1996(34) (guarantee payments, suspension from work on medical or maternity grounds); and”;

(c) in paragraph 2(1), for “regulation 35(1)(e)” substitute “paragraph 1(2)(a) or (b)(ii)”.

(17) In Schedule 9 (sums to be disregarded in the calculation of income other than earnings)—

(a) after paragraph 2 insert—

“2A.   Any payment in respect of expenses arising out of the claimant’s participation in a service user group.”;

(b) in paragraph 16(cc)(35)—

(i) for “payment under the Armed Forces Pension Scheme 1975 or the Armed Forces Pension Scheme 2005” substitute “pension or payment falling within article 31(1)(a) or (b) of the Armed Forces and Reserve Forces (Compensation Scheme) Order 2005(36)”;

(ii) for “the pension payable under either of those schemes” substitute “that pension or payment”;

(iii) for the last “the” substitute “any”;

(c) before paragraph 25(1)(c)(37) insert—

“(ba) which is a payment made by a local authority in Scotland in pursuance of section 50 of the Children Act 1975(38) (payments towards maintenance of children);”;

(d) for paragraph 73(39), substitute—

“73.— (1) Any payment of child maintenance made or derived from a liable relative where the child or young person in respect of whom the payment is made is a member of the claimant’s family, except where the person making the payment is the claimant or the claimant’s partner.

(2) In paragraph (1)—

“child maintenance” means any payment towards the maintenance of a child or young person, including any payment made voluntarily and payments made under—

(a)

the Child Support Act 1991(40);

(b)

the Child Support (Northern Ireland) Order 1991(41);

(c)

a court order;

(d)

a consent order;

(e)

a maintenance agreement registered for execution in the Books of Council and Session or the sheriff court books;

“liable relative” means a person listed in regulation 54 (interpretation) other than a person falling within sub-paragraph (d) of that definition.”.

(1)

1978 c. 29.

(2)

1985 c. 68.

(3)

1995 c. 50.

(4)

1999 c. 27.

(5)

2001 asp. 10.

(6)

2006 c. 41.

(7)

2006 c. 42.

(8)

2008 c. 14.

(9)

2008 c. 17.

(10)

Relevant amending instruments are S.I. 1996/206 and 2006/2144.

(11)

Relevant amending instrument is S.I. 2008/3157.

(12)

Relevant amending instrument is S.I. 2008/2111.

(13)

Relevant amending instrument is S.I. 2008/2111.

(14)

Relevant amending instrument is S.I. 2008/2111.

(15)

Relevant amending instrument is S.I. 2008/2111.

(16)

Relevant amending instruments are S.I. 2003/455 and 2008/2111.

(17)

Relevant amending instrument is S.I. 2008/2111.

(18)

Relevant amending instruments are S.I. 1998/563 and 2003/455.

(19)

Relevant amending instruments are S.I. 1988/663, 1992/468, 1995/2303, 1996/206, 1997/2197, 1998/563, 2003/455, 2005/574, 2465, 2006/588 and 2007/719, 1749.

(20)

Definition for “child maintenance” was inserted by S.I. 2008/2111.

(21)

Relevant amending instruments are S.I. 2003/455, 2005/2877 and 2008/2111.

(22)

Relevant amending instrument is S.I. 2008/2111.

(23)

Relevant amending instruments are S.I. 1996/940 and 2008/2111.

(24)

Relevant amending instrument is S.I. 2008/2111.

(25)

Definition of “access funds” was inserted by S.I. 2000/1922. Relevant amending instruments are S.I. 2001/2319, 2002/1589 and 2008/3157.

(26)

Inserted by S.I. 1996/206.

(27)

1995 c. 36.

(28)

2002 c. 38.

(29)

2007 asp. 4.

(30)

Inserted by S.I. 2009/583.

(31)

Schedule 3 was substituted by S.I. 1995/1613.

(32)

Relevant amending instruments are S.I. 1999/3178 and 2001/158.

(33)

Paragraphs 1 and 2 substituted by S.I. 2007/2618.

(34)

1996 c. 18.

(35)

Inserted by S.I. 2005/574. Relevant amending instrument is S.I. 2008/3157.

(36)

S.I. 2005/439.

(37)

Relevant amending instruments are S.I. 1992/468, 1998/563, 2004/2308, 2005/2465 and 2008/3157.

(38)

1975 c.72. The Children Act 1975 was revoked by the Children Act 1989 (c. 41), except as saved by Schedule 14 of the Children Act 1989.

(39)

Inserted by S.I. 2000/3176. Relevant amending instrument are S.I. 2004/98 and 2008/2111.

(40)

1991 c.48.

(41)

S.I. 1991/2628 (N.I. 23).