The Social Security (Loss of Benefit) Amendment Regulations 2010

Amendment of the Social Security (Loss of Benefit) Regulations 2001

2.—(1) The Social Security (Loss of Benefit) Regulations 2001(1) are amended as follows.

(2) In regulation 1(interpretation)—

(a) in paragraph (2)—

(i) in the definition of “disqualification period”—

(aa) after “section” insert “6B(11) or”, and

(bb) for “regulation 2” substitute “regulations 1A and 2”;

(ii) in the definition of “offender”, after “section” insert “6B or”;

(iii) at the appropriate places, insert the following definitions—

““the determination day” means (subject to paragraph (2A)) the day on which the Secretary of State determines that a restriction under—

(a)

section 6B or 7 of the Act would be applicable to the offender were the offender in receipt of a sanctionable benefit;

(b)

section 8 of the Act would be applicable to the offender were the offender a member of a joint-claim couple which is in receipt of a joint-claim jobseeker’s allowance; or

(c)

section 9 of the Act would be applicable to the offender’s family member were that member in receipt of income support, jobseeker’s allowance, state pension credit, employment and support allowance, housing benefit or council tax benefit;

“pay day” in relation to a sanctionable benefit means the day on which that benefit is due to be paid;

“relevant authority” in relation to housing benefit or council tax benefit means the relevant authority administering the benefit of the offender or the offender’s family member.”;

(b) after paragraph (2) insert—

“(2A) Where, for the purposes of section 6B of the Act, the disqualifying event is an agreement to pay a penalty as referred to in section 6B(1)(b) of the Act, the determination day is the 28th day after the day referred to in the definition of that term in paragraph (2).”.

(3) For regulation 2(2) (disqualification period) substitute—

“Disqualification period: section 6B(11) of the Act

1A.— (1) The first day of the disqualification period for the purposes of section 6B(11) of the Act (“DQ-day”) shall be as follows.

(2) This paragraph applies where on the determination day—

(a) the offender is in receipt of a sanctionable benefit;

(b) the offender is a member of a joint-claim couple which is in receipt of a joint-claim jobseeker’s allowance; or

(c) the offender’s family member is in receipt of income support, jobseeker’s allowance, state pension credit, employment and support allowance, housing benefit or council tax benefit.

(3) Where paragraph (2) applies and paragraph (4) does not apply (but subject to paragraph (7))—

(a) in relation to a sanctionable benefit which is paid in arrears, DQ-day is the day following the first pay day after the end of the period of 28 days beginning with the determination day; and

(b) in relation to a sanctionable benefit which is paid in advance, DQ-day is the first pay day after the end of the period of 28 days beginning with the determination day.

(4) This paragraph applies where on the determination day the offender or (as the case may be) the offender’s family member is in receipt of—

(a) either housing benefit or council tax benefit or both of those benefits; and

(b) no other sanctionable benefit.

(5) Where paragraph (4) applies—

(a) in relation to housing benefit or council tax benefit which is paid in arrears, DQ-day is the day following the first pay day after the end of the period of 28 days beginning with the first day after the determination day on which the Secretary of State is notified by the relevant authority that the offender or the offender’s family member is in receipt of either housing benefit or council tax benefit (or both of those benefits) or has been awarded either or both of those benefits; and

(b) in relation to housing benefit or council tax benefit which is paid in advance, DQ-day is the first pay day after the end of the period of 28 days beginning with the first day after the determination day on which the Secretary of State is so notified by the relevant authority.

(6) Where neither paragraph (2) nor paragraph (4) applies, DQ-day is the first day after the end of the period of 28 days beginning with the determination day.

(7) Where on the determination day—

(a) paragraph (2) applies in the case of an offender or (as the case may be) the offender’s family member, but

(b) that person ceases to be in receipt of a benefit referred to in that paragraph before the first day of the disqualification period that would apply by virtue of paragraph (3),

DQ-day is the first day after the end of the period of 28 days beginning with the determination day.

Disqualification period: section 7(6) of the Act

2.— (1) The first day of the disqualification period for the purposes of section 7(6) of the Act (“DQ-day”) shall be as follows.

(2) This paragraph applies where on the determination day—

(a) the offender is in receipt of a sanctionable benefit;

(b) the offender is a member of a joint-claim couple which is in receipt of a joint-claim jobseeker’s allowance; or

(c) the offender’s family member is in receipt of income support, jobseeker’s allowance, state pension credit, employment and support allowance, housing benefit or council tax benefit.

(3) Where paragraph (2) applies and paragraph (4) does not apply—

(a) in relation to a sanctionable benefit which is paid in arrears, DQ-day is the day following the first pay day after the end of the period of 28 days beginning with the determination day; and

(b) in relation to a sanctionable benefit which is paid in advance, DQ-day is the first pay day after the end of the period of 28 days beginning with the determination day.

(4) This paragraph applies where on the determination day the offender or (as the case may be) the offender’s family member is in receipt of—

(a) either housing benefit or council tax benefit or of both of those benefits; and

(b) no other sanctionable benefit.

(5) Where paragraph (4) applies—

(a) in relation to housing benefit or council tax benefit which is paid in arrears, DQ-day is the day following the first pay day after the end of the period of 28 days beginning with the first day after the determination day on which the Secretary of State is notified by the relevant authority that the offender or the offender’s family member is in receipt of either housing benefit or council tax benefit (or both of those benefits) or has been awarded either or both of those benefits; and

(b) in relation to housing benefit or council tax benefit which is paid in advance, DQ-day is the first pay day after the end of the period of 28 days beginning with the first day after the determination day on which the Secretary of State is so notified by the relevant authority.

(6) Where neither paragraph (2) nor paragraph (4) applies, DQ-day is the first day after the end of the period of 28 days beginning with the determination day on which the Secretary of State decides to award—

(a) a sanctionable benefit to the offender;

(b) a joint-claim jobseeker’s allowance to a joint-claim couple of which the offender is a member; or

(c) income support, jobseeker’s allowance, state pension credit or employment and support allowance to the offender’s family member.

(7) For the purposes of the preceding provisions of this regulation, DQ-day is to be no later than 5 years and 28 days after the date of the conviction of the offender for the benefit offence in the later proceedings referred to in section 7(1) of the Act; and section 7(9) of the Act (date of conviction and references to conviction) shall apply for the purposes of this paragraph as it applies for the purposes of section 7 of the Act.”.

(4) In regulation 5(3)(b) (meaning of “person in hardship”)—

(a) after “section” insert “8 or”;

(b) before “circumstances” insert “attendance, information and evidence;”.

(5) In regulation 6(2) (circumstances in which an income-based jobseeker’s allowance is payable to a person who is a person in hardship) before “7(2)” insert “6B(5) or ”.

(6) In regulation 7(2) (further circumstances in which an income-based jobseeker’s allowance is payable to a person who is a person in hardship) before “7(2)” insert “6B(5) or”.

(7) In regulation 9 (provision of information) before “7(4)(b)” insert “6B(7)(b) and”.

(8) In regulation 11 (application of Part and meaning of “couple in hardship”)(3)—

(a) in paragraph (2), for “regulation 13” substitute “regulation 12”;

(b) in paragraph (3), for “regulation 14” substitute “regulation 13”;

(c) in paragraph (4)(b)—

(i) after “subject” insert “or are to be treated as subject”;

(ii) after “section” insert “8 or”, and before “denial” insert “attendance, information and evidence;”.

(9) In regulation 17 (circumstances where a reduced amount of housing benefit and council tax benefit is payable)(4) to the extent that the amendments made to that regulation by the Housing Benefit (Loss of Benefit) (Pilot Scheme) Regulations 2007(5) remain in force—

(a) in paragraph (1) omit “paragraph (4) and”;

(b) omit paragraphs (4) and (5).

(10) In regulation 18 (circumstances where housing benefit and council tax benefit is payable), after “income support” insert “, an income-related employment and support allowance, state pension credit,”.

(11) After regulation 19 (social security benefits not to be sanctionable benefits) insert the following new regulation—

“Benefits to be treated as neither sanctionable nor disqualifying

19A.   Each of the following benefits is to be treated as neither a sanctionable benefit nor a disqualifying benefit—

(a) statutory adoption pay;

(b) statutory paternity pay;

(c) health in pregnancy grant.”.

(12) In regulation 20 (deductions from benefits) before “7” insert “6B,”.

(1)

S.I. 2001/4022.

(2)

Relevant amending instruments are S.I. 2002/486, 2002/1792 and 2008/1554.

(3)

A relevant amending instrument is S.I. 2005/2877.

(4)

Relevant amending instruments are S.I. 2006/217 and 2007/2202.

(5)

S.I. 2007/2202.