The Social Security (Miscellaneous Amendments) Regulations 2009

Amendment of the Jobseeker's Allowance Regulations 1996

4.—(1) The Jobseeker's Allowance Regulations 1996 are amended as follows.

(2) In regulation 1(3) (citation, commencement and interpretation)—

(a) in the appropriate place insert the following definition—

““basic rate”, where it relates to the rate of tax, has the same meaning as in the Income Tax Act 2007 (see section 989 of that Act).”;

(b) omit the definition of “starting rate”M1 .

(3) In—

(a) regulation 1(3) (citation, commencement and interpretation), in paragraphs (a) and (c) of the definition of “training allowance”M2 ,

(b) regulation 11(3) M3 (part-time students),

(c) regulation 19(1)(r)(ii)(aa) M4 (circumstances in which a person is to be treated as actively seeking employment),

(d) regulation 57(1) (interpretation of Part IV), in the definition of “training”M5 ,

(e) regulation 75(1)(b)(i) M6 (interpretation),

(f) regulation 170(2) M7 (persons in receipt of a training allowance),

(g) Schedule A1 M8 (categories of members of a joint-claim couple who are not required to satisfy the conditions in section 1(2B)(b)), in paragraph 16 (young persons in training) M9 ,

(h) Schedule 1 (applicable amounts), in paragraphs 8(1)(b) M10 and 20D(1)(b) M11 , and

(i) Schedule 2 (housing costs), in paragraph 3(13)(d),

before “Scottish Enterprise” insert “ Skills Development Scotland, ”.

(4) In regulation 51(2) (remunerative work) omit sub-paragraph (c).

(5) Omit regulation 85(2) (special cases).

(6) For regulation 95(2A) M12 (calculation of earnings of self-employed earners) substitute—

“(2A) This paragraph applies to—

(a) royalties or other sums paid as a consideration for the use of, or the right to use, any copyright, design, patent or trade mark; or

(b) any payment in respect of any —

(i) book registered under the Public Lending Right Scheme 1982; or

(ii) work made under any international public lending right scheme that is analogous to the Public Lending Right Scheme 1982,

where the claimant is the first owner of the copyright, design, patent or trade mark, or an original contributor to the book or work concerned.”.

(7) In regulation 102(1) M13 (deduction of tax and contributions for self-employed earners) and regulation 105(15)(a) M14 (notional income)—

(a) omit “the starting rate or, as the case may be, the starting rate and”;

(b) for “starting” substitute “ basic ”.

(8) In regulation 102D M15 (deduction in respect of tax for participants in the self-employed route)—

(a) in paragraph (1)(c) omit “the starting rate of tax or, as the case may be, the starting rate and”;

(b) in paragraph (2) for “starting” substitute “ basic ”.

(9) In regulation 130 M16 (interpretation) for the definition of “contribution” substitute—

““contribution” means—

(a)

any contribution in respect of the income of a student or any person which the Secretary of State, the Scottish Ministers or an education authority takes into account in ascertaining the amount of a student's grant or student loan; or

(b)

any sums, which in determining the amount of a student's allowance or bursary in Scotland under the Education (Scotland) Act 1980, the Scottish Ministers or education authority takes into account being sums which the Scottish Ministers or education authority consider that it is reasonable for the following persons to contribute towards the holder's expenses—

(i)

the holder of the allowance or bursary;

(ii)

the holder's parents;

(iii)

the holder's parent's spouse, civil partner or a person ordinarily living with the holder's parent as if he or she were the spouse or civil partner of that parent; or

(iv)

the holder's spouse or civil partner;”.

(10) In regulation 131(2) M17 (calculation of grant income), after sub-paragraph (i) add—

“(j) of higher education bursary for care leavers made under Part III of the Children Act 1989.”.

(11) In regulation 163(4)(c) M18 (calculation of earnings) for “starting” substitute “ basic ”.

(12) In Schedule 7 (sums to be disregarded in the calculation of income other than earnings), in paragraph 56 M19 omit “under the Community Care (Direct Payments) Act 1996 or”.

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

(a) after paragraph 37 insert—

“37A.   Any payment made under Part 8A of the Benefits Act (entitlement to health in pregnancy grant).”;

(b) in paragraph 60 M20 omit “the Community Care (Direct Payments) Act 1996,”.

Marginal Citations

M1 The definition of “starting rate” was inserted by S.I. 2007/2618.

M2 For the definition of “training allowance” the relevant amending instruments are S.I. 1996/1517, 1999/3156, 2001/652, 2008/698 and 3157.

M3 Relevant amending instruments are S.I. 2001/1324 and 2005/3238.

M4 Sub-paragraph (r) was inserted by S.I. 1998/1274.

M5 Relevant amending instruments are S.I. 2001/652 and 2005/3238.

M6 Relevant amending instruments are S.I. 1998/1274, 2001/652 and 2005/3238.

M7 Relevant amending instruments are S.I. 2001/652 and 2005/3238.

M8 Inserted by S.I. 2000/1978.

M9 Relevant amending instruments are S.I. 2001/652, 2005/3238 and 2006/718.

M10 Relevant amending instruments are S.I. 1996/2538 and 2008/698.

M11 Inserted by S.I. 2000/1978.

M12 Inserted by S.I. 2008/698.

M13 Relevant amending instruments are S.I. 2007/1749 and 2618.

M14 Relevant amending instruments are S.I. 2007/1749 and 2618.

M15 Regulation 102D was inserted by S.I. 1998/1174. Relevant amending instruments are S.I. 2000/2910 and 2007/2618.

M16 Relevant amending instruments are S.I. 1998/563, 1999/1935, 2001/2319, 2005/2887 and 2008/2767.

M17 Relevant amending instruments are S.I. 1996/1516, 1999/1935, 2003/455 and 2004/1708.

M18 The relevant amending instrument is S.I. 2007/2618.

M19 Inserted by S.I. 1997/65. Amended in relation to England by S.I. 2003/762 and in relation to Wales by S.I. 2004/1748.

M20 Inserted by S.I. 2003/2279.