The Social Security (Miscellaneous Amendments) (No. 2) Regulations 1999

Explanatory Note

(This note is not part of the Regulations)

These Regulations amend the Income Support (General) Regulations 1987 (S.I. 1987/1967), the Jobseeker’s Allowance Regulations 1996 (S.I. 1996/207), the Housing Benefit (General) Regulations 1987 (S.I. 1987/1971), the Housing Benefit (Supply of Information) Regulations 1988 (S.I. 1988/662), the Council Tax Benefit (General) Regulations 1992 (S.I. 1992/1814) and the Social Security (Claims and Payments) Regulations 1987 (S.I. 1987/1968).

In particular, regulation 2(3) of these Regulations provides that for the purpose of entitlement to income support, a lone parent may be treated as not engaged in remunerative work for the first 14 days after commencing such work following a period of entitlement to income support or income-based jobseeker’s allowance of at least 26 weeks.

These Regulations also provide that during the 14 day period—

— any disability premium which was applicable before commencing such work, shall continue to be applicable for that period (regulation 2(8));

— any earnings from the employment which caused the lone parent to be treated as not engaged in remunerative work shall be disregarded (regulation 2(9));

— any working families tax credit or disabled person’s tax credit shall be disregarded as income (regulation 2(10));

— any back to work bonus or child maintenance bonus shall be disregarded as capital when paid during that period (regulation 2(11)).

Regulation 2(5) and (6) makes amendments which are consequential on that made in regulation 2(9). Regulation 2 (4) and (7) makes amendments which are consequential on that made in regulation 2(3).

Regulations 2(2) and 3 provide that in income support and jobseeker’s allowance respectively, a lone parent who was previously treated as not engaged in remunerative work in accordance with regulation 2(3), shall be treated as engaged in remunerative work for a specified period if he ceases to be so engaged in such work within five weeks of commencing it.

Regulations 4(2) to (4) and (6)(b) to (e) and 5(2) to (4) and (5)(b) to (e) provide respectively for the treatment of extended payments of council tax benefit and housing benefit in the case of lone parents who are not treated as engaged in remunerative work pursuant to these Regulations. Those provisions also make consequential and minor technical amendments. Regulations 4(5) and 6 provide for the exchange of certain information by authorities in connection with the making of such payments.

Regulations 4(6)(a) and 5(5)(a) provide respectively that extended payments of housing benefit and council tax benefit shall be made to those persons who were in receipt of income support whilst incapable of work or were in receipt of income support or jobseeker’s allowance which included the disability premium.

Regulation 7 amends the Social Security (Claims and Payments) Regulations 1987 so as to provide that certain lone parents who are not treated as engaged in remunerative work pursuant to these Regulations, shall not be required to make a claim for income support in order to be entitled to it.

These Regulations do not impose any charge on business.