The Social Security (Miscellaneous Amendments) (No. 2) Regulations 2010

Amendments to the Jobseeker’s Allowance Regulations 1996

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

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

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

““MFET Limited” means the company limited by guarantee (number 7121661) of that name, established for the purpose in particular of making payments in accordance with arrangements made with the Secretary of State to persons who have acquired HIV as a result of treatment by the NHS with blood or blood products;”;

(b) in the definition of “full-time student”(2)—

(i) in each place where it occurs, for “undertaking” substitute “attending or undertaking”, and

(ii) in paragraph (b)(i) after “attending” insert “or undertaking”.

(3) In—

(a) regulation 1(3) in the definition of “qualifying person”(3),

(b) regulation 105(10A)(a)(4) (notional income),

(c) regulation 110(10)(c)(5) (income treated as capital),

(d) regulation 113(3A)(a)(6) (notional capital),

(e) Schedule 2 (housing costs) in paragraph 17(8)(b)(7),

(f) Schedule 7 (sums to be disregarded in the calculation of income other than earnings), paragraph 22(2)(8), and

(g) Schedule 8 (capital to be disregarded), paragraphs 27(1)(9) and 31,

after “Eileen Trust” insert “, MFET Limited”.

(4) In regulation 3E(2)(i)(10) (entitlement of a member of a joint-claim couple to a jobseeker’s allowance without a claim being made jointly by the couple) for “seven weeks after the date on which the pregnancy ends where the expected week of confinement begins prior to 6th April 2003 or fifteen weeks after the date on which her pregnancy ends where the expected week of confinement begins on or after 6th April 2003”, substitute “twenty eight weeks after the date on which the pregnancy ends”.

(5) In regulation 53(a) (persons treated as not engaged in remunerative work) after “earnings)” insert—

“and in this paragraph “volunteer” means a person who is engaged in voluntary work, otherwise than for a relative, where the only payment received, or due to be paid to the person by virtue of being so engaged, is in respect of any expenses reasonably incurred by the person in connection with that work”.

(6) In regulation 57(4)(a) (interpretation of Part IV), subject to paragraph (14) below, omit—

(a) “Paragraph 10 (disabled students)”,

(b) “Paragraph 12”, and

(c) “Paragraph 13 (blind persons)”.

(7) In regulation 105 in—

(a) paragraph (2)(g)(11) for “is aged under 60”, substitute “has not attained the qualifying age for state pension credit”;

(b) paragraph (2B)(12) for “age of 60”, substitute “qualifying age for state pension credit”;

(c) paragraph (3)(13) for “aged not less than 60”, substitute “who has attained the qualifying age for state pension credit”.

(8) In—

(a) regulation 105(10A)(a),

(b) regulation 110(10)(c),

(c) regulation 113(3A)(a),

(d) Schedule 2, paragraph 17(8)(b),

(e) Schedule 7, paragraph 41(1) to (5)(14), and

(f) Schedule 8, paragraphs 27(1) to (5) and 31,

after “under” insert “or by”.

(9) In regulation 113(2)(da)(15) for “is aged under 60”, substitute “has not attained the qualifying age for state pension credit”.

(10) In regulation 130 (interpretation) at the appropriate place insert—

““last day of the course” means the date on which the last day of the final academic term falls in respect of the course in which the student is enrolled;”.

(11) For regulation 146G(1)(16) (applicable amount in hardship cases for joint-claim couples), substitute—

“(1) The weekly applicable amount of the joint-claim couple to whom a joint-claim jobseeker’s allowance is payable in accordance with this Part of these Regulations shall be reduced by a sum equivalent to—

(a) 20% of the amount specified in paragraph 1(1)(e) of Schedule 1 in a case where a member of a joint-claim couple is—

(i) either pregnant or seriously ill, or

(ii) a member of a polygamous marriage and one of the members of that marriage is pregnant or seriously ill, or

(b) 40% of the amount specified in paragraph 1(1)(e) of Schedule 1 in all other cases.”

(12) In Schedule 7, paragraph 41—

(a) in sub-paragraph (1), after “(“the Trusts”)”, and

(b) in sub-paragraph (7)(17), after “Skipton Fund”,

insert “, MFET Limited”.

(13) In Schedule 7, paragraph 56(18) and Schedule 8, paragraph 60(19), after “1968” insert “, or under sections 12A to 12D of the National Health Service Act 2006 (direct payments for health care)(20)”.

(14) The provisions omitted by paragraph (6) continue to have effect in relation to a person referred to in regulation 2(2) of the Income Support (Prescribed Categories of Person) Regulations 2009(21).

(1)

S.I. 1996/207.

(2)

Relevant amending instruments are S.I. 1996/1516, 2001/1434, 2319 and 2008/3157.

(3)

Relevant amending instruments are S.I. 2004/1141 and 2005/3391.

(4)

Inserted by S.I. 1998/2117. Relevant amending instrument is S.I. 2008/2767.

(5)

Relevant amending instrument is S.I. 2008/2767.

(6)

Inserted by S.I. 1998/2117. Relevant amending instruments are S.I. 2004/2308, 2005/3391 and 2008/2767.

(7)

Relevant amending instrument is S.I. 2008/2767.

(8)

Relevant amending instrument is S.I. 2008/2767.

(9)

Relevant amending instruments are S.I. 2004/1141, 2005/3391 and 2008/2767.

(10)

Inserted by S.I. 2000/1978. Relevant amending instrument is S.I. 2002/2689.

(11)

Relevant amending instrument is S.I. 2006/588.

(12)

Inserted by S.I. 2005/2465. Relevant amending instrument is S.I. 2006/588.

(13)

Relevant amending instrument is S.I. 2007/1749.

(14)

Relevant amending instrument is S.I. 2008/2767.

(15)

Inserted by S.I. 2005/2465. Relevant amending instrument is S.I. 2006/588.

(16)

Inserted by S.I. 2000/1978.

(17)

Inserted by S.I. 2004/2308. Relevant amending instrument is S.I. 2005/3391.

(18)

Inserted by S.I. 1997/65. Relevant amending instruments are S.I. 2003/762 (in relation to England), 2004/1748 (in relation to Wales) and 2009/583.

(19)

Inserted by S.I. 2003/2279. Relevant amending instrument is S.I. 2009/583.

(20)

2006 c. 4. Sections 12A to 12D were inserted by the section 11 of the Health Act 2009 (c. 21).

(21)

S.I. 2009/3152.