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The Social Security (Miscellaneous Amendments) Regulations 1998

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PART IIIE+W+S AMENDMENTS WITH RESPECT TO INCOME-RELATED BENEFITS AND JOBSEEKER’S ALLOWANCE

Common amendments: Deductions from income supportE+W+S

3.—(1) In regulation 1(2) (citation, commencement and interpretation) of each of the Regulations specified in paragraph (2) below, the following definitions shall be inserted in the appropriate places—

““contribution-based jobseeker’s allowance", except in a case to which paragraph (b) of the definition of income-based jobseeker’s allowance applies, means a contribution-based jobseeker’s allowance under Part I of the Jobseekers Act 1995 M1, but does not include any back to work bonus under section 26 of the Jobseekers Act which is paid as jobseeker’s allowance;”;

““income-based jobseeker’s allowance" means—

(a)an income-based jobseeker’s allowance under Part I of the Jobseekers Act 1995; and

(b)in a case where, if there was no entitlement to contribution-based jobseeker’s allowance, there would be entitlement to income-based jobseeker’s allowance at the same rate, contribution-based jobseeker’s allowance,

but does not include any back to work bonus under section 26 of the Jobseekers Act which is paid as jobseeker’s allowance;”.

(2) The Regulations specified in this paragraph are—

(a)the Community Charges (Deductions from Income Support)(No.2) Regulations 1990 M2;

(b)the Community Charges (Deductions from Income Support)(Scotland) Regulations 1989 M3;

(c)the Council Tax (Deductions from Income Support) Regulations 1993 M4; and

(d)the Fines (Deductions from Income Support) Regulations 1992 M5.

Marginal Citations

M2S.I.1990/545; relevant amending instrument S.I.1996/2344.

M3S.I.1989/507; relevant amending instrument S.I.1996/2344.

M4S.I.1993/494; relevant amending instrument S.I.1996/2344.

M5S.I.1992/2182; relevant amending instrument S.I.1996/2344.

Common amendments: Disregard of contributionE+W+S

4.—(1) In each of the regulations specified in paragraph (2) below (students) in the definition of “contribution"M6, after the words “in respect of the income" there shall be inserted the words “ of a student or ”.

(2) The regulations specified in this paragraph are—

F1(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b)regulation 41 of the Disability Working Allowance Regulations;

(c)regulation 37 of the Family Credit Regulations;

F2(d). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(e)regulation 61 of the Income Support Regulations; and

(f)regulation 130 of the Jobseeker’s Allowance Regulations.

(3) In each of the Regulations specified in paragraph (4) below, the following regulation shall be inserted and numbered in accordance with that paragraph—

“ Further disregard of student’s income

Where any part of a student’s income has already been taken into account for the purposes of assessing his entitlement to a grant, the amount taken into account shall be disregarded in assessing that student’s income.”.

(4) The Regulations and regulation numbers specified in this paragraph are—

F3(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b)regulation 48A of the Disability Working Allowance Regulations;

(c)regulation 43A of the Family Credit Regulations;

F4(d). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(e)regulation 67A of the Income Support Regulations; and

(f)regulation 137A of the Jobseeker’s Allowance Regulations.

Textual Amendments

Marginal Citations

M6The definition of “contribution" was substituted in the regulations referred to in paragraph (2)(a), (d) and (e) by S.I.1996/1944.

Common amendments: InterpretationE+W+S

5.—(1) In each of the regulations specified in paragraph (2) below (interpretation) there shall be inserted the following definition in the appropriate place—

““the Children Order" means the Children (Northern Ireland) Order 1995 M7;”.

(2) The regulations specified in this paragraph are—

F5(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b)regulation 2(1) of the Disability Working Allowance Regulations;

(c)regulation 2(1) of the Family Credit Regulations;

F6(d). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(e)regulation 2(1) of the Income Support Regulations; and

(f)regulation 1(3) of the Jobseeker’s Allowance Regulations.

Textual Amendments

Marginal Citations

Common amendments: Notional incomeE+W+S

6.—(1) In each of the regulations specified in paragraph (2) below (notional income), the word “or" and the following sub-paragraph shall be added bearing the specified letter—

“rehabilitation allowance made under section 2 of the Employment and Training Act 1973 M8.”.

(2) The regulations specified in this paragraph are—

F7(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b)regulation 29(2)(e) of the Disability Working Allowance Regulations M9;

(c)regulation 26(2)(e) of the Family Credit Regulations M10;

F8(d). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(e)regulation 42(2)(j) of the Income Support Regulations M11; and

(f)regulation 105(2)(i) of the Jobseeker’s Allowance Regulations M12.

Textual Amendments

Marginal Citations

M81973 c.50, as amended by section 25 of the Employment Act 1988 (c.19).

M9Paragraph (2)(d) was added by S.I.1997/2197.

M10Paragraph (2)(d) was added by S.I.1997/2197.

M11Paragraph (2)(i) was added by S.I.1997/2197.

M12Paragraph (2)(h) was added by S.I.1997/2197.

Common amendments: Disregard of income other than earningsE+W+S

7.—(1) In each of the paragraphs of the Schedules to the Regulations specified in paragraph (2) below (sums to be disregarded in the calculation of income other than earnings) the following head shall be added bearing the specified letter—

“which is a payment made by an authority, as defined in Article 2 of the Children Order, in pursuance of Article 15 of, and paragraph 17 of Schedule 1 to, that Order (contribution by an authority to child’s maintenance);”.

(2) The paragraphs of the Schedules specified in this paragraph and the specified head in those paragraphs are—

F9(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b)head (c) of paragraph 22(1) of Schedule 3 to the Disability Working Allowance Regulations;

(c)head (c) of paragraph 22(1) of Schedule 2 to the Family Credit Regulations M13;

F10(d). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(e)head (d) of paragraph 26(1) of Schedule 7 to the Jobseeker’s Allowance Regulations.

(3) For each of the paragraphs of the Schedules to the Regulations specified in paragraph (4) below (sums to be disregarded in the calculation of income other than earnings), there shall be substituted the following paragraph—

“Any payment made to the claimant or his partner for a person (“the person concerned"), who is not normally a member of the claimant’s household but is temporarily in his care, by—

(a)a health authority;

(b)a local authority;

(c)a voluntary organisation; or

(d)the person concerned pursuant to section 26(3A) of the National Assistance Act 1948 M14.”.

(4) The paragraphs of the Schedules to the Regulations specified in this paragraph are—

F11(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b)paragraph 24 of Schedule 3 to the Disability Working Allowance Regulations;

(c)paragraph 24 of Schedule 2 to the Family Credit Regulations;

F12(d). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(e)paragraph 27 of Schedule 9 to the Income Support Regulations; and

(f)paragraph 28 of Schedule 7 to the Jobseeker’s Allowance Regulations.

F13(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F14(6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Marginal Citations

M13Paragraph 22(1)(b) was substituted by S.I.1992/573.

M141948 c.29; section 26(3A) was inserted by section 42(4) of the National Health Service and Community Care Act 1990 (c.19).

Council Tax Benefit, Housing Benefit, Income Support and Jobseeker’s Allowance: Amendments with respect to persons in detentionE+W+S

8.—(1) For the words referred to in each of the provisions specified in paragraph (2) below there shall be substituted the words “ who is detained in hospital under the provisions of the Mental Health Act 1983 M15, or, in Scotland, under the provisions of the Mental Health (Scotland) Act 1984 M16 or the Criminal Procedure (Scotland) Act 1995 M17, ”.

(2) The words referred to and the provisions specified in this paragraph are—

F15(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F15(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(c)in the Income Support Regulations—

(i)in regulation 21(3) (special cases) in the definition of “prisoner"M18, the words from “whose detention is" to the end of the definition;

F16(ii). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(d)in the Jobseeker’s Allowance Regulations in regulation 85(4) (special cases) in the definition of “prisoner" the words from “whose detention is" to “1984".

F17(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Marginal Citations

M18The definition of “prisoner" was substituted by S.I.1995/516.

Housing Benefit: Maximum rentE+W+S

F189.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Housing Benefit: Requirement to refer to rent officersE+W+S

F1810.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Housing Benefit: Excluded tenanciesE+W+S

F1911.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Income Support and Jobseeker’s Allowance: Treatment of grant awards for former studentsE+W+S

12.  In regulation 29(2B) of the Income Support Regulations M19 and regulation 94(2B) of the Jobseeker’s Allowance Regulations M20 (calculation of earnings derived from employed earner’s employment and income other than earnings) after sub-paragraph (a) the following sub-paragraph shall be inserted—

“(aa)where the grant is paid in instalments, on the day before the next instalment would have been paid had the claimant remained a student; or”.

Marginal Citations

M19Paragraph (2B) was inserted in regulation 29 by S.I.1997/65.

M20Paragraph (2B) was inserted in regulation 94 by S.I.1997/65.

Income Support and Jobseeker’s Allowance: Calculation of notional income and income other than earningsE+W+S

13.—(1) The Income Support Regulations shall be amended in accordance with the following sub-paragraphs—

(a)in regulation 40(1) (calculation of income other than earnings) for the words “paragraphs (2) to (3A) M21" there shall be substituted the words “ aparagraphs (2) to (3B) M22 ”;

(b)in regulation 42(7)(notional income) for the words “paragraphs (1) to (4)" there shall be substituted the words “ paragraphs (1) to (4A) M23 ”;

(c)in Schedule 9 (sums to be disregarded in the calculation of income other than earnings) M24 at the end there shall be added the following paragraph—

“64.  Any payment made with respect to a person on account of the provision of after-care under section 117 of the Mental Health Act 1983 M25 or section 8 of the Mental Health (Scotland) Act 1984 M26 or the provision of accommodation or welfare services to which Parts III and IV of the National Health Service and Community Care Act 1990 M27 refer, which falls to be treated as notional income under paragraph (4A) of regulation 42 above (payments made in respect of a person in a residential care or nursing home).”.

(2) In Schedule 7 to the Jobseeker’s Allowance Regulations (sums to be disregarded in the calculation of income other than earnings) at the end there shall be added the following paragraph—

“63.  Any payment which falls to be treated as notional income made under paragraph (11) of regulation 105 above (payments made in respect of a person in a residential care or nursing home).”.

Marginal Citations

M21These words were substituted by S.I.1990/1549.

M22Paragraph (3B) was inserted by S.I.1997/65.

M23Paragraph (4A) was inserted by S.I.1994/527.

M24Paragraph 63 was inserted in Schedule 9 by S.I.1997/2863.

Income Support and Jobseeker’s Allowance: Income treated as capitalE+W+S

14.—(1) For regulation 48(8) of the Income Support Regulations (income treated as capital), as it has effect in England and Wales and as it has effect in Scotland M28, there shall be substituted the following paragraphs—

“(8) Any payment made by a local authority, which represents arrears of payments under—

(a)paragraph 15 of Schedule 1 to the Children Act 1989 (power of a local authority to make contributions to a person with whom a child lives as a result of a residence order); or

(b)section 34(6) or as the case may be, section 50 of the Children Act 1975 M29 (payments towards maintenance for children),

shall be treated as capital.

(8A) Any payment made by an authority, as defined in Article 2 of the Children Order M30 which represents arrears of payments under Article 15 of, and paragraph 17 of Schedule 1 to, that Order (contribution by an authority to child’s maintenance), shall be treated as capital.”.

(2) In regulation 110(8) of the Jobseeker’s Allowance Regulations (income treated as capital), after the words “maintenance of a child)" there shall be inserted the words “ or any payment, made by an authority, as defined in Article 2 of the Children Order, which represents arrears of payments under Article 15 of, and paragraph 17 of Schedule 1 to, that Order (contribution by an authority to child’s maintenance), ”.

Marginal Citations

M28Regulation 48(8) as it has effect in England and Wales was substituted by S.I.1992/468; paragraph (8) as it has effect in Scotland was saved by S.I.1992/468, Schedule paragraph 11.

M30 See regulation 5(1) above.

Income Support: Disregard of income other than earningsE+W+S

15.—(1) Paragraph 7 of Schedule 9 to the Income Regulations (sums to be disregarded in the calculation of income other than earnings) shall be amended in accordance with the following paragraphs—

(a)in sub-paragraph (a) for the words “, 9 or 9A"M31 there shall be substituted the words “ zor 9 ”;

(b)in sub-paragraph (b) at the end there shall be added the words “or jobseeker’s allowance".

(2) For head (b) of paragraph 25(1) of Schedule 9 to the Income Support Regulations (sums to be disregarded in the calculation of income other than earnings) as it has effect in England and Wales M32 and as it has effect in Scotland the following heads shall be substituted—

“(b)which is a payment made by a local authority in pursuance of section 34(6) or, as the case may be, section 50 of the Children Act 1975 (contributions towards the cost of the accommodation and maintenance of a child);

(c)which is a payment made by a local authority in pursuance of section 15(1) of, and paragraph 15 of Schedule 1 to, the Children Act 1989 (local authority contribution to a child’s maintenance where the child is living with a person as a result of a residence order);

(d)which is a payment made by an authority, as defined in Article 2 of the Children Order, in pursuance of Article 15 of, and paragraph 17 of Schedule 1 to, that Order (contribution by an authority to child’s maintenance);”.

Marginal Citations

M31The words “9 or 9A" were substituted by S.I.1991/2742; paragraph 9A was omitted by S.I.1993/2119.

M32Head (b) of paragraph 25(1) was substituted with respect to England and Wales by S.I.1992/468.

Jobseeker’s Allowance: Periods of interruption of employmentE+W+S

16.—(1) Regulation 47A of the Jobseeker’s Allowance Regulations (jobseeking periods: periods of interruption of employment) M33 shall be renumbered as regulation 47A(1) and in sub-paragraph (za) of that paragraph the words “and is still current on 1st December 1997" shall be omitted.

(2) After the renumbered paragraph (1) the following paragraph shall be added—

“(2) In paragraph (1) “period of interruption of employment" in relation to a period prior to 7th October 1996 has the same meaning as it had in the Benefits Act by virtue of section 25A of that Act (determination of days for which unemployment benefit is payable) M34 as in force on 6th October 1996.”.

Marginal Citations

M33Regulation 47A was inserted by S.I.1996/2538 and paragraph (za) was inserted by S.I.1997/2677.

Amendment of the Housing Benefit (General) Amendment Regulations 1995: SavingsE+W+S

F2017.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

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