The Social Security (Miscellaneous Amendments) Regulations 2013

Amendments to the Employment and Support Allowance Regulations 2008

9.—(1) The Employment and Support Allowance Regulations 2008(1) are amended as follows.

(2) After the definition of “limited capability for work assessment” in regulation 2(1) (interpretation), insert—

““local welfare provision” means occasional financial or other assistance given by a local authority, the Scottish Ministers or the Welsh Ministers, or a person authorised to exercise any function of, or provide a service to, them, to or in respect of individuals for the purpose of—

(a)

meeting, or helping to meet, an immediate short term need—

(i)

arising out of an exceptional event, or exceptional circumstances; and

(ii)

that requires to be met in order to avoid a risk to the well-being of an individual; or

(b)

enabling individuals to establish or maintain a settled home, where those individuals have been or, without the assistance, might otherwise be—

(i)

in prison, hospital, a residential care establishment or other institution; or

(ii)

homeless or otherwise living an unsettled way of life;”.

(3) In regulation 119 (interpretation) in paragraph (d)(ii) of the definition of “payment”(2)—

(a) omit “the payment is”; and

(b) for “rent, housing costs,”, insert “rent for which housing benefit is payable, housing costs to the extent that they are met under regulation 67(1)(c) or 68(1)(d) (housing costs),”.

(4) In paragraph 5(7)(c)(ii) of Schedule 6 (housing costs) after “pending” insert “local welfare provision or”.

(5) In Schedule 8 (sums to be disregarded in the calculation of income other than earnings)—

(a) after paragraph 35, insert—

“35A.   Any local welfare provision.”; and

(b) in paragraph 44, after “section 13”, insert “, section 13A”.

(6) In Schedule 9 (capital to be disregarded)—

(a) after paragraph 23, insert—

“23A.   Any local welfare provision.”; and

(b) in paragraph 35(3), after “section 13”, insert “, section 13A”.

(1)

S.I. 2008/794.

(2)

Relevant amending instrument is S.I. 2008/2428.

(3)

Paragraph 35 was amended by S.I. 2008/2428.