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Statutory Instruments

2001 No. 4022

SOCIAL SECURITY

The Social Security (Loss of Benefit) Regulations 2001

Made

18th December 2001

Coming into force

1st April 2002

M1M2M3 Whereas a draft of this instrument was laid before Parliament in accordance with section 11(3) of the Social Security Fraud Act 2001, section 80(1) of the Social Security Act 1998 and section 5A(3) of the Pensions Appeal Tribunals Act 1943 and approved by resolution of each House of Parliament.

Now, therefore, the Secretary of State, in exercise of the powers conferred by sections 7(3) to (6), 8(3) and (4), 9(2) to (5), 10(1) and (2) and 11(1) of the Social Security Fraud Act 2001M4, section 189(4) of the Social Security Administration Act 1992M5, sections 79(4) and 84 of, and paragraph 9 of Schedule 2 to, the Social Security Act 1998M6 and section 5A(2) of the Pensions Appeal Tribunals Act 1943M7, and of all other powers enabling him in that behalf, by this Instrument, which is made before the end of the period of 6 months beginning with the coming into force of sections 7 to 13 of the Social Security Fraud Act 2001 and which contains only regulations made by virtue of, or consequential upon, those sectionsM8, hereby makes the following Regulations:

Modifications etc. (not altering text)

Marginal Citations

M4Section 11(1) is cited because of the meaning ascribed to the word “prescribed".

M51992 c. 5; section 189 is applied to regulations made under sections 7 to 10 of the Social Security Fraud Act 2001 by section 11(4) of that Act.

M6Section 84 is cited because of the meaning ascribed to the word “prescribe".

M7Section 5A was inserted by section 57 of the Child Support, Pensions and Social Security Act 2000 (c. 19).

M8Section 12(3) of the Social Security Fraud Act 2001 added sections 7 to 11 of that Act, and paragraph 104 of Schedule 7 to the Social Security Act 1998 added Chapter II of Part I of that Act to the list of “relevant enactments" in respect of which regulations are to be referred to the Social Security Advisory Committee. These Regulations are made within six months of the coming into force of the relevant provisions of the 2001 Act and are therefore exempt from this requirement by virtue of section 173(5)(b) of the Social Security Administration Act 1992.

PART IE+W+S GENERAL

Citation, commencement and interpretationE+W+S

1.—(1) These Regulations may be cited as the Social Security (Loss of Benefit) Regulations 2001 and shall come into force on 1st April 2002.

(2) In these Regulations, unless the context otherwise requires—

  • [F1 “the 2007 Act ” means the Welfare Reform Act 2007; ]

  • [F1 “the 2012 Act ” means the Welfare Reform Act 2012; ]

  • “the Act" means the Social Security Fraud Act 2001;

  • [F2 “the Administration Act ” means the Social Security Administration Act 1992; ]

  • [F3“armed forces independence payment” means armed forces independence payment under the Armed Forces and Reserve Forces (Compensation Scheme) Order 2011;]

  • “the Benefits Act" means the Social Security Contributions and Benefits Act 1992 M9;

  • [F4 “the ESA Regulations ” means the Employment and Support Allowance Regulations 2008; ]

  • “[F5the Council Tax Benefit Regulations” means the Council Tax Benefit Regulations 2006];

  • [F6 “the Council Tax Benefit (State Pension Credit) Regulations” means the Council Tax Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 2006;]

  • [F7“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;]

  • “[F8the Housing Benefit Regulations” means the Housing Benefit Regulations 2006];

  • [F9 “the Housing Benefit (State Pension Credit) Regulations” means the Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 2006;]

  • “the Income Support Regulations" means the Income Support (General) Regulations 1987M10;

  • “the Jobseekers Act" means the Jobseekers Act 1995 M11;

  • “the Jobseeker’s Allowance Regulations" means the Jobseeker’s Allowance Regulations 1996 M12;

  • [F10 “the UC Regulations ” means the Universal Credit Regulations 2013; ]

  • [F10 “assessment period” has the same meaning as in the UC Regulations ; ]

  • “claimant" in a regulation means the person claiming the sanctionable benefit referred to in that regulation;

  • “disqualification period" means the period in respect of which the restrictions on payment of a relevant benefit apply in respect of an offender in accordance with section [F116B(11) or] 7(6) of the Act and shall be interpreted in accordance with [F12regulations 1A and 2]; and

  • [F13 “income-based jobseeker’s allowance” means an income-based allowance under the Jobseekers Act as it has effect apart from the amendments made by Part 1 of Schedule 14 to the 2012 Act (to remove references to an income-based allowance); ]

  • [F13 “income-related employment and support allowance” means an income-related allowance under the Part 1 of the 2007 Act as it has effect apart from the amendments made by Schedule 3 and Part 1 of Schedule 14 to the 2012 Act (to remove references to an income-related allowance); ]

  • [F13 “joint claimant” means each of joint claimants as defined in section 40 of the 2012 Act ; ]

  • “offender" means the person who is subject to the restriction in the payment of his benefit in accordance with section [F146B or] 7 of the Act.

  • [F7“pay day” in relation to a sanctionable benefit means the day on which that benefit is due to be paid;]

  • [F15 “personal independence payment” means the allowance under Part 4 of the 2012 Act ; ]

  • [F16“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.]

  • [F17 “universal credit” means the benefit payable under Part 1 of the 2012 Act . ]

[F18(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) Expressions used in these Regulations which are defined either for the purposes of the Jobseekers Act or for the purposes of the Jobseeker’s Allowance Regulations shall, except where the context otherwise requires, have the same meaning as for the purposes of that Act or, as the case may be, those Regulations.

(4) In these Regulations, unless the context otherwise requires, a reference—

(a)to a numbered regulation is to the regulation in these Regulations bearing that number;

(b)in a regulation to a numbered paragraph is to the paragraph in that regulation bearing that number.

Textual Amendments

Marginal Citations

[F19Disqualification period: section 6B(11) of the ActE+W+S

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 [F20other than a benefit to which paragraph (5A) applies [F21or universal credit]];

(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.

[F22(5A) 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 sanctionable benefit which is neither payable wholly in advance nor wholly in arrears and no other sanctionable benefit.]

(6)  Where [F23 paragraph (5A) applies or where there is no sanctionable benefit payable on the determination day], DQ-day is the first day after the end of the period of 28 days beginning with the determination day.

[F24(6A) Paragraph (6B) applies where, on the determination day, the offender or, as the case may be, the offender’s family member is in receipt of universal credit.]

[F24(6B) Where this paragraph applies, DQ-day is—

(a)if the first day after the end of the period of 28 days beginning with the determination day is the first day of an assessment period, that day;

(b)if the first day after the end of the period of 28 days beginning with the determination day is not the first day of an assessment period, the first day of the next assessment period after that day.]

(7) Where on the determination day—

(a)paragraph (2) [F25or (6A)] 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 [F26those paragraphs] before the first day of the disqualification period that would apply by virtue of paragraph (3) [F27or (6B)],

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

Textual Amendments

[F19Disqualification period: section 7(6) of the ActE+W+S

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 [F28other than a benefit to which paragraph (5A) applies [F29or universal credit]];

(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.

[F30(5A) 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 sanctionable benefit which is neither payable wholly in advance nor wholly in arrears and no other sanctionable benefit.]

(6)  Where [F31 paragraph (5A) applies or where there is no sanctionable benefit payable on the determination day ], 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)[F32universal credit,] income support, jobseeker’s allowance, state pension credit or employment and support allowance to the offender’s family member.

[F33(6A) Paragraph (6B) applies where on the determination day, the offender or, as the case may be, the offender’s family member is in receipt of universal credit.]

[F33(6B) Where this paragraph applies, DQ-day is—

(a)if the first day after the end of the period of 28 days beginning with the determination day is the first day of an assessment period, that day;

(b)if the first day after the end of the period of 28 days beginning with the determination day is not the first day of an assessment period, the first day of the next assessment period after that day.]

(7)  For the purposes of the preceding provisions of this regulation [F34but except where paragraph (8) applies], 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. ]

[F35(8) Where the date of the conviction of the offender for the benefit offence in the later proceedings is on or after 1st April 2013 and on the determination day—

(a)paragraph (2) or (6A) applies in the case of an offender or, as the case may be, an offender’s family member; but

(b)that person ceases to be in receipt of a benefit referred to in those paragraphs before the first day of the disqualification period that would apply by virtue of paragraph (3) or (6B),

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

Textual Amendments

[F36Prescribed offences: section 6B(14)(b) of the ActE+W+S

2A.—(1) Paragraphs (2) to (4) prescribe offences which are relevant offences for the purpose of sections 6B and 7 of the Act where section 6B(14)(b)(i), (ii) or (iii) of the Act applies.

(2) In England and Wales, offences under—

(a)section 8 of the Accessories and Abettors Act 1861;

(b)section 1 of the Criminal Law Act 1977;

(c)section 1, 3, 4 or 5 of the Forgery and Counterfeiting Act 1981;

(d)section 6 or 7 of the Fraud Act 2006; and

(e)section 44, 45 or 46 of the Serious Crime Act 2007.

(3) In England, Wales or Scotland, offences under—

(a) section 182 of the Administration Act ;

(b)section 327, 328 or 329 of the Proceeds of Crime Act 2002; and

(c)section 4, 5 or 6 of the Identity Documents Act 2010.

(4) In Scotland—

(a)the common law offences of—

(i)conspiracy to defraud;

(ii)embezzlement;

(iii)fraud;

(iv)fraudulent scheme; and

(v)uttering;

(b)offences under—

(i)section 44 of the Criminal Law (Consolidation) (Scotland) Act 1995;

(ii)section 28 or 30 of the Criminal Justice and Licensing (Scotland) Act 2010 (“the 2010 Act”); and

(c)offences to which section 29 of the 2010 Act (offences aggravated by connection with serious organised crime) applies.

(5) Paragraphs (6) and (7) prescribe offences which are relevant offences for the purpose of sections 6B and 7 of the Act where section 6B(14)(b)(i) or (ii) of the Act applies.

(6) In England and Wales, offences under section 1 of the Fraud Act 2006.

(7) In England, Wales or Scotland, offences under—

(a) section 111A of the Administration Act ;

(b)section 35 of the Tax Credits Act 2002.]

Textual Amendments

PART IIE+W+S REDUCTIONS

Reduction of income support [F37and income-related employment and support allowance]E+W+S

3.—(1) Subject to paragraphs (2) [F38and (3)], any payment of income support [F39or an income-related employment and support allowance] which falls to be made to an offender in respect of any week in the disqualification period, or to an offender’s family member in respect of any week in the relevant period, shall be reduced—

(a)where the claimant or a member of his family is pregnant or seriously ill, by a sum equivalent to 20 per cent.;

(b)where the applicable amount of the offender used to calculate that payment of income support has been reduced pursuant to regulation 22A of the Income Support Regulations M13 (appeal against a decision embodying an incapacity for work determination), whether or not the appeal referred to in that regulation is successful, by a sum equivalent to 20 per cent.;

(c)in any other case, by a sum equivalent to 40 per cent.,

of the applicable amount of the offender in respect of a single claimant for income support on the first day of the disqualification period or, as the case may be, on the first day of the relevant period, and specified in paragraph 1(1) of Schedule 2 to the Income Support Regulations.

(2) Payment shall not be reduced under paragraph (1) to below 10 pence per week.

(3) A reduction under paragraph (1) shall, if it is not a multiple of 5p, be rounded to the nearest such multiple or, if it is a multiple of 2.5p but not of 5p, to the next lower multiple of 5p.

F40(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5) Where the rate of income support [F41or an income-related employment and support allowance] payable to an offender or an offender’s family member changes, the rules set out above for a reduction in the benefit payable shall be applied to the new rate and any adjustment to the reduction shall take effect from the first day of the first benefit week to start after the date of the change.

(6) In this regulation, “benefit week" shall have the same meaning as in regulation of 2(1) of the Income Support Regulations [F42[F43or, as the case may be, regulation 2(1) of the Employment and Support Allowance Regulations 2008]]

Textual Amendments

F38Words in reg. 3(1) substituted (for specified purposes and with effect in accordance with reg. 1(3) of the amending S.I.) by Welfare Reform Act 2009 (Section 26) (Consequential Amendments) Regulations 2010 (S.I. 2010/424), reg. 7(2)(a)

F40Reg. 3(4) omitted (E.W.S.) (for specified purposes and with effect in accordance with reg. 1(3) of the amending S.I.) by virtue of Welfare Reform Act 2009 (Section 26) (Consequential Amendments) Regulations 2010 (S.I. 2010/424), reg. 7(2)(b)

Marginal Citations

M13Regulation 22A was inserted by S.I. 1996/206 and amended by S.I. 1999/2422, 1999/3109 and 2000/590.

[F44Reduction of income-related employment and support allowanceE+W+S

3ZA.—(1) Subject to paragraphs (4) and (5), any payment of an income-related employment and support allowance which falls to be made to an offender in respect of any week in the disqualification period or to an offender’s family member in respect of any week in the relevant period is to be reduced in accordance with paragraph (2).

(2) The amount of the reduction is to be—

(a)where the offender or, as the case may be, the offender’s family member, is pregnant or seriously ill, a sum equivalent to 20 per cent.;

(b) where the offender or, as the case may be, the offender’s family member is subject to no work-related requirements for the purpose of section 11D of the 2007 Act , a sum equivalent to 40 per cent.;

(c)in any other case, a sum equivalent to 100 per cent.,

of the applicable amount for a single claimant specified in paragraph 1(1) of Schedule 4 to the ESA Regulations on the day specified in paragraph (3).

(3) The specified day is—

(a)where a payment to the offender falls to be reduced, on the first day of the disqualification period; or

(b)where a payment to the offender’s family member falls to be reduced, on the first day of the relevant period.

(4) Payment must not be reduced under paragraph (2) to below 10 pence per week.

(5) A reduction under paragraph (2) must, if it is not a multiple of 5 pence, be rounded to the nearest such multiple or, if it is a multiple of 2.5 pence but not of 5 pence, to the next lower multiple of 5 pence.

(6) Where the rate of an income-related employment and support allowance payable to an offender or an offender’s family member changes, the rules set out above for a reduction in the allowance payable are to be applied to the new rate and any adjustment to the reduction shall take effect from the first day of the first benefit week to start after the date of change.

(7)  In paragraph (6), “benefit week” has the same meaning as in regulation 2(1) of the ESA Regulations . ]

Textual Amendments

[F45Reduction of universal creditE+W+S

3ZB—(2) Any payment of universal credit which falls to be made to an offender or an offender’s family member (“O”) in respect of an assessment period wholly or partly within a disqualification period is to be reduced in accordance with paragraph (2) or (5).

(2) Except where paragraph (5) applies and subject to paragraphs (6) and (7), the amount of the reduction is to be calculated by multiplying the daily reduction rate by the number of days in the assessment period or, if lower, the number of days in the assessment period to which the reduction is to relate.

(3) The daily reduction rate for the purposes of paragraph (2) is, unless paragraph (4) applies, an amount equal to the amount of the standard allowance applicable to the award multiplied by 12 and divided by 365.

(4) The daily reduction rate for the purposes of paragraph (2) is 40 per cent. of the rate calculated in accordance with paragraph (3) if, at the end of the assessment period—

(a)O, or where O is a joint claimant, the other joint claimant (“J”), falls within section 19 of the 2012 Act (claimant subject no work-related requirements) by virtue of—

(i)subsection (2)(c) of that section (responsible carer for a child under the age of 1), or

(ii)regulation 89(1)(c), (d) or (f) of the UC Regulations (adopter, claimants within 11 weeks before, or 15 weeks after, confinement or responsible foster parent of a child under the age of 1); or

(b)O or, as the case may be, O or J, falls within section 20 of the 2012 Act (claimant subject to work-focused interview only).

(5) Where the disqualification period ends during an assessment period, the amount of the reduction for that assessment period is to be calculated by multiplying the daily reduction rate under paragraph (3) or, as the case may be, paragraph (4) by the number of days in that assessment period which are within the disqualification period.

(6) The amount of the daily reduction rate in paragraphs (3) and (4) is to be rounded down to the nearest 10 pence.

(7) The amount of the reduction under paragraph (2) in respect of any assessment period must not exceed the amount of the standard allowance which is applicable to O in respect of that period.

(8) Where the rate of universal credit payable to O or as the case may be, to O and J, changes, the rules set out above for a reduction in the universal credit payable are to be applied to the new rate and any adjustment to the reduction is to take effect from the first day of the first assessment period to start after the date of the change.

(9) In the case of joint claimants—

(a)each joint claimant is considered individually for the purpose of determining the rate applicable under paragraph (3) or (4); and

(b)half of any applicable rate is applied to each joint claimant accordingly.

(10) In this regulation, “standard allowance” means the allowance of that name, the amount of which is set out in regulation 36 of the UC Regulations.]

Textual Amendments

Modifications etc. (not altering text)

[F46Reduction in state pension creditE+W+S

3A.—(1) Subject to the following provisions of this regulation, state pension credit shall be payable in the case of an offender for any week comprised in the disqualification period or in the case of an offender’s family member for any week comprised in the relevant period, as if the rate of benefit were reduced—

(a)where the offender or the offender’s family member is pregnant or seriously ill, by 20 per cent. of the relevant sum; or

(b)where sub-paragraph (a) does not apply, by 40 per cent. of the relevant sum.

(2) In paragraph (1), the “relevant sum” is the amount applicable—

(a) except where sub-paragraph (b) applies, in respect of a single claimant aged not less than 25 under paragraph 1(1) of Schedule 2 to the Income Support Regulations ; or

(b)if the claimant’s family member is the offender and the offender has not attained the age of 25, the amount applicable in respect of a person of the offender’s age under paragraph 1(1) of Part I of that Schedule,

on the first day of the disqualification period or, as the case may be, on the first day of the relevant period.

(3) Payment of state pension credit shall not be reduced under this regulation to less than 10 pence per week.

(4) A reduction under paragraph (1) shall, if it is not a multiple of 5 pence, be rounded to the nearest such multiple or, if it is a multiple of 2.5 pence but not of 5 pence, to the next lower multiple of 5 pence.

(5) Where the rate of state pension credit payable to an offender or an offender’s family member changes, the rules set out above for a reduction in the credit payable shall be applied to the new rate and any adjustment to the reduction shall take effect from the first day of the first benefit week to start after the date of change.

(6) In paragraph (5), “benefit week” has the same meaning as in regulation 1(2) of the State Pension Credit Regulations 2002.

(7) A person of a prescribed description for the purposes of the definition of “family” in section 137(1) of the Benefits Act as it applies for the purpose of this regulation is—

(a)a person who is an additional spouse for the purposes of section 12(1) of the State Pension Credit Act 2002 (additional spouse in the case of polygamous marriages);

(b)a person [F47aged 16 or over who is treated as a child for the purposes of section 142[F47who is a qualifying young person for the purposes of section 142(2)]] of the Benefits Act].

Textual Amendments

F47 Words in reg. 3A(7)(b) substituted (E.W.S.) (1.4.2013) by The Social Security (Loss of Benefit)(Amendment) Regulations 2013 (S.I. 2013/385) , regs. 1(2)(c) , 10

Reduction of joint-claim jobseeker’s allowanceE+W+S

4.  In respect of any part of the disqualification period when section 8(2) of the Act does not apply, the reduced rate of joint-claim jobseeker’s allowance payable to the member of that couple who is not the offender shall be—

(a)in any case in which the member of the couple who is not the offender satisfies the conditions set out in section 2 of the Jobseekers Act (contribution-based conditions), a rate equal to the amount calculated in accordance with section 4(1) of that Act;

(b)in any case where the couple are a couple in hardship for the purposes of regulation 11, a rate equal to the amount calculated in accordance with regulation 16;

(c)in any other case, a rate calculated in accordance with section 4(3A) of the Jobseekers Act M14 save that the applicable amount shall be the amount determined by reference to paragraph 1(1) of Schedule 1 to the Jobseeker’s Allowance Regulations as if the member of the couple who is not the offender were a single claimant.

Marginal Citations

M14Section 4(3A) was inserted by section 59 of, and paragraph 5(3) of Schedule 7 to, the Welfare Reform and Pensions Act 1999 (c. 30).

PART IIIE+W+S HARDSHIP

Meaning of “person in hardship"E+W+S

5.—(1) In this Part of these Regulations, a “person in hardship" means, for the purposes of regulation 6, a person, other than a person to whom paragraph (3) or (4) applies, where—

(a)she is a single woman who is pregnant and in respect of whom the Secretary of State is satisfied that, unless a jobseeker’s allowance is paid, she will suffer hardship;

(b)he is a single person who is responsible for a young person and the Secretary of State is satisfied that, unless a jobseeker’s allowance is paid, the young person will suffer hardship;

(c)he is a member of [F48a couple] where—

[F49(i)at least one member of the couple is a woman who is pregnant; and]

(ii)the Secretary of State is satisfied that, unless a jobseeker’s allowance is paid, the woman will suffer hardship;

(d)he is a member of a polygamous marriage and—

(i)one member of the marriage is pregnant; and

(ii)the Secretary of State is satisfied that, unless a jobseeker’s allowance is paid, that woman will suffer hardship;

(e)he is a member of [F50a couple] or of a polygamous marriage where—

(i)one or both members of the couple, or one or more members of the polygamous marriage, are responsible for a child or young person; and

(ii)the Secretary of State is satisfied that, unless a jobseeker’s allowance is paid, the child or young person will suffer hardship;

(f)he has an award of a jobseeker’s allowance which includes or would, if a claim for a jobseeker’s allowance from him were to succeed, have included in his applicable amount a disability premium and the Secretary of State is satisfied that, unless a jobseeker’s allowance is paid, the person who would satisfy the conditions of entitlement to that premium would suffer hardship;

(g)he suffers, or his partner suffers, from a chronic medical condition which results in functional capacity being limited or restricted by physical impairment and the Secretary of State is satisfied that—

(i)the suffering has already lasted, or is likely to last, for not less than 26 weeks; and

(ii)unless a jobseeker’s allowance is paid to that person, the probability is that the health of the person suffering would, within 2 weeks of the Secretary of State making his decision, decline further than that of a normally healthy adult and that person would suffer hardship;

(h)he does, or his partner does, or in the case of a person who is married to more than one person under a law which permits polygamy, at least one of those persons does, devote a considerable portion of each week to caring for another person who—

(i)is in receipt of an attendance allowance [F51the care component of disability living allowance at one of the two higher rates prescribed under section 72(4) of the Benefits Act[F52, armed forces independence payment] or the daily living component of personal independence payment at the standard or enhanced rate in accordance with section 78 of the 2012 Act];

(ii)has claimed either attendance allowance[F53, disability living allowance[F54, armed forces independence payment] or personal independence payment], but only for so long as the claim has not been determined, or for 26 weeks from the date of claiming, whichever is the earlier; F55...

(iii)has claimed either attendance allowance or disability living allowance and has an award of either attendance allowance or the care component of disability living allowance at one of the two higher rates prescribed under section 72(4) of the Benefits Act for a period commencing after the date on which that claim was made,F56...

[F57(iv) has claimed personal independence payment and has an award of the daily living component of personal independence payment at the standard or enhanced rate in accordance with section 78 of the 2012 Act for a period commencing after the date on which that claim was made, [F58or ]

(v)has claimed armed forces independence payment and has an award for a period commencing after the date on which that claim was made,]

and the Secretary of State is satisfied, after taking account of the factors set out in paragraph (5), in so far as they are appropriate to the particular circumstances of the case, that the person providing the care will not be able to continue doing so unless a jobseeker’s allowance is paid to the offender;

(i)he is a person or is the partner of a person to whom section 16 of the Jobseekers Act applies by virtue of a direction issued by the Secretary of State, except where the person to whom the direction applies does not satisfy the requirements of section 1(2)(a) to (c) of that Act;

(j)he is a person—

(i)to whom section 3(1)(f)(iii) of the Jobseekers Act (persons under the age of 18) applies, or is the partner of such a person; and

(ii)in respect of whom the Secretary of State is satisfied that the person will, unless a jobseeker’s allowance is paid, suffer hardship; or

(k)he is a person—

(i)who, pursuant to the Children Act 1989 M15, was being looked after by a local authority;

(ii)with whom the local authority had a duty, pursuant to that Act, to take reasonable steps to keep in touch; or

(iii)who, pursuant to that Act, qualified for advice and assistance from a local authority,

but in respect of whom head (i), (ii) or (iii) above, as the case may be, had not applied for a period of 3 years or less as at the date on which he complies with the requirements of regulation 9; and

(iv)who, as at the date on which he complies with the requirements of regulation 9, is under the age of 21.

(2) Except in a case to which paragraph (3) or (4) applies, a person shall, for the purposes of regulation 7, be deemed to be a person in hardship where, after taking account of the factors set out in paragraph (5) in so far as they are appropriate to the particular circumstances of the case, the Secretary of State is satisfied that he or his partner will suffer hardship unless a jobseeker’s allowance is paid to him.

(3) In paragraphs (1) and (2), a person shall not be deemed to be a person in hardship—

(a)where he is entitled, or his partner is entitled, to income support or where he or his partner fall within a category of persons prescribed for the purpose of section 124(1)(e) of the Benefits Act; [F59or]

(b)during any period in respect of which it has been determined that a jobseeker’s allowance is not payable to him pursuant to section [F608[F61, 17A] or] 19 [F62of the Jobseekers Act (attendance, information and evidence) or that it be reduced pursuant to section 19 or 19A or 19B of that Act (circumstances in which a jobseeker’s allowance is reduced)] of the Jobseekers Act [F63attendance, information and evidence;] (circumstances in which a jobseeker’s allowance is not payable)[F64.]

F65(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4) Paragraph (1)(h) shall not apply in a case where the person being cared for resides in a [F66care home, an Abbeyfield Home or an independent hospital].

(5) Factors which, for the purposes of paragraphs (1) and (2), the Secretary of State is to take into account in determining whether the person is a person in hardship are—

(a)the presence in that person’s family of a person who satisfies the requirements for a disability premium specified in paragraphs 13 and 14 of Schedule 1 to the Jobseeker’s Allowance Regulations or for a disabled child premium specified in paragraph 16 of that Schedule to those Regulations;

(b)the resources which, without a jobseeker’s allowance, are likely to be available to the offender’s family, the amount by which these resources fall short of the amount applicable in his case in accordance with regulation 10 (applicable amount in hardship cases), the amount of any resources which may be available to members of the offender’s family from any person in the offender’s household who is not a member of his family and the length of time for which those factors are likely to persist;

(c)whether there is a substantial risk that essential items, including food, clothing, heating and accommodation, will cease to be available to that person or a member of his family, or will be available at considerably reduced levels and the length of time those factors are likely to persist.

(6) In determining the resources available to that person’s family under paragraph (5)(b), any training premium or top-up payment paid pursuant to the Employment and Training Act 1973 M16 shall be disregarded.

[F67(7) In the preceding paragraphs of this regulation, references to a jobseeker’s allowance are to an income-based jobseeker’s allowance.]

Textual Amendments

F59Word in reg. 5(3)(a) inserted (E.W.S.) (for specified purposes and with effect in accordance with reg. 1(3) of the amending S.I.) by Welfare Reform Act 2009 (Section 26) (Consequential Amendments) Regulations 2010 (S.I. 2010/424), reg. 7(3)(a)

F64Reg. 5(3)(b) substituted (for specified purposes and with effect in accordance with reg. 1(3) of the amending S.I.) by Welfare Reform Act 2009 (Section 26) (Consequential Amendments) Regulations 2010 (S.I. 2010/424), reg. 7(3)(b)

F65Reg. 5(3)(c) omitted (E.W.S.) (for specified purposes and with effect in accordance with reg. 1(3) of the amending S.I.) by virtue of Welfare Reform Act 2009 (Section 26) (Consequential Amendments) Regulations 2010 (S.I. 2010/424), reg. 7(3)(c)

Modifications etc. (not altering text)

Marginal Citations

Circumstances in which an income-based jobseeker’s allowance is payable to a person who is a person in hardshipE+W+S

6.—(1) This regulation applies to a person in hardship within the meaning of regulation 5(1) and is subject to the provisions of regulations 8 and 9.

(2) An income-based jobseeker’s allowance shall be payable to a person in hardship even though section [F686B(5) or ] 7(2) of the Act prevents payment of a jobseeker’s allowance to the offender or section 9 of the Act prevents payment of a jobseeker’s allowance to an offender’s family member but the allowance shall be payable under this paragraph only if and so long as the claimant satisfies the conditions for entitlement to an income-based jobseeker’s allowance.

Textual Amendments

Further circumstances in which an income-based jobseeker’s allowance is payable to a person who is a person in hardshipE+W+S

7.—(1) This regulation applies to a person in hardship within the meaning of regulation 5(2) and is subject to the provisions of regulations 8 and 9.

(2) An income-based jobseeker’s allowance shall be payable to a person in hardship even though section [F696B(5) or] 7(2) of the Act prevents payment of a jobseeker’s allowance to the offender or section 9 of the Act prevents payment of a jobseeker’s allowance to an offender’s family member but the allowance shall not be payable under this paragraph—

(a)where the offender is the claimant, in respect of the first 14 days of the disqualification period;

(b)where the offender’s family member is the claimant, in respect of the first 14 days of the relevant period,

and shall be payable thereafter only if and so long as the claimant satisfies the conditions for entitlement to an income-based jobseeker’s allowance.

Textual Amendments

Conditions for payment of income-based jobseeker’s allowanceE+W+S

8.—(1) An income-based jobseeker’s allowance shall not be payable in accordance with regulation 6 or 7 except where the claimant has—

(a)furnished on a form approved for the purpose by the Secretary of State or in such other form as he may in any particular case approve, a statement of the circumstances he relies upon to establish entitlement under regulation 5(1) or, as the case may be, 5(2); and

(b)signed the statement.

(2) The completed and signed form shall be delivered by the claimant to such office as the Secretary of State may specify.

Provision of informationE+W+S

9.  For the purpose of section [F706B(7)(b) and] 7(4)(b) of the Act, the offender, and for the purpose of section 9(4)(b) of the Act, the offender or any member of his family, shall provide to the Secretary of State information as to the circumstances of the person alleged to be in hardship.

Textual Amendments

Applicable amount in hardship casesE+W+S

10.—(1) The weekly applicable amount of a person to whom an income-based jobseeker’s allowance is payable in accordance with this Part shall be reduced by a sum equivalent to 40 per cent. or, in a case where the claimant or any other member of his family is either pregnant or seriously ill, 20 per cent. of the following amount—

(a)where the claimant is a single claimant aged not less than 18 but less than 25 or a member of a couple or polygamous marriage where one member is aged not less than 18 but less than 25 and the other member or, in the case of a polygamous marriage each other member, is a person under 18 who is not eligible for an income-based jobseeker’s allowance under section 3(1)(f)(iii) of the Jobseekers Act or is not subject to a direction under section 16 of that Act, the amount specified in paragraph 1(1)(d) of Schedule 1 to the Jobseeker’s Allowance Regulations;

(b)where the claimant is a single claimant aged not less than 25 or a member of a couple or a polygamous marriage (other than a member of a couple or polygamous marriage to whom sub-paragraph (a) applies) at least one of whom is aged not less than 18, the amount specified in paragraph 1(1)(e) of Schedule 1 to the Jobseeker’s Allowance Regulations.

(2) A reduction under paragraph (1) shall, if it is not a multiple of 5p, be rounded to the nearest such multiple or, if it is a multiple of 2.5p but not of 5p, to the next lower multiple of 5p.

PART IVE+W+S HARDSHIP FOR JOINT-CLAIM COUPLES

Application of Part and meaning of “couple in hardship"E+W+S

11.—(1) This Part of these Regulations applies in respect of any part of the disqualification period when section 8(2) of the Act would otherwise apply.

(2) In this Part of these Regulations, a “couple in hardship" means, for the purposes of [F71regulation 12], a joint-claim couple, other than a couple to whom paragraph (4) or (5) applies, who are claiming a joint-claim jobseeker’s allowance jointly where at least one member of that couple is an offender and where—

(a)[F72at least one member of the joint-claim couple is a woman who is pregnant] and the Secretary of State is satisfied that, unless a joint-claim jobseeker’s allowance is paid, she will suffer hardship;

(b)one or both members of the couple are members of a polygamous marriage, one member of the marriage is pregnant and the Secretary of State is satisfied that, unless a joint-claim jobseeker’s allowance is paid, she will suffer hardship;

(c)the award of a joint-claim jobseeker’s allowance includes, or would, if a claim for a jobseeker’s allowance from the couple were to succeed, have included in their applicable amount a disability premium and the Secretary of State is satisfied that, unless a joint-claim jobseeker’s allowance is paid, the member of the couple who would have caused the disability premium to be applicable to the couple would suffer hardship;

(d)either member of the couple suffers from a chronic medical condition which results in functional capacity being limited or restricted by physical impairment and the Secretary of State is satisfied that—

(i)the suffering has already lasted or is likely to last, for not less than 26 weeks; and

(ii)unless a joint-claim jobseeker’s allowance is paid, the probability is that the health of the person suffering would, within two weeks of the Secretary of State making his decision, decline further than that of a normally healthy adult and the member of the couple who suffers from that condition would suffer hardship;

(e)either member of the couple, or where a member of that couple is married to more than one person under a law which permits polygamy, one member of that marriage, devotes a considerable portion of each week to caring for another person who—

(i)is in receipt of an attendance allowance[F73, the care component of disability living allowance at one of the two higher rates prescribed under section 72(4) of the Benefits Act[F74, armed forces independence payment] or the daily living component of personal independence payment at the standard or enhanced rate in accordance with section 78 of the 2012 Act];

(ii)has claimed either attendance allowance[F75, disability living allowance[F76, armed forces independence payment] or personal independence payment] but only for so long as the claim has not been determined, or for 26 weeks from the date of claiming, whichever is the earlier; F77...

(iii)has claimed either attendance allowance or disability living allowance and has an award of either attendance allowance or the care component of disability living allowance at one of the two higher rates prescribed under section 72(4) of the Benefits Act for a period commencing after the date on which that claim was made, F78...

[F79(iv) has claimed personal independence payment and has an award of the daily living component of personal independence payment at the standard or enhanced rate in accordance with section 78 of the 2012 Act for a period commencing after the date on which that claim was made, [F80 or ]

(v)has claimed armed forces independence payment and has an award for a period commencing after the date on which that claim was made,]

and the Secretary of State is satisfied, after taking account of the factors set out in paragraph (6) in so far as they are appropriate to the particular circumstances of the case, that the person providing the care will not be able to continue doing so unless a joint-claim jobseeker’s allowance is paid; or

(f)section 16 of the Jobseekers Act applies to either member of the couple by virtue of a direction issued by the Secretary of State, except where the member of the joint-claim couple to whom the direction applies does not satisfy the requirements of section 1(2)(a) to (c) of that Act;

(g)section 3A(1)(e)(ii) of the Jobseekers Act M17 (member of joint-claim couple under the age of 18) applies to either member of the couple and the Secretary of State is satisfied that unless a joint-claim jobseeker’s allowance is paid, the couple will suffer hardship; or

(h)one or both members of the couple is a person—

(i)who, pursuant to the Children Act 1989 M18, was being looked after by a local authority;

(ii)with whom the local authority had a duty, pursuant to that Act, to take reasonable steps to keep in touch; or

(iii)who, pursuant to that Act, qualified for advice or assistance from a local authority,

but in respect of whom head (i), (ii) or (iii) above, as the case may be, had not applied for a period of 3 years or less as at the date on which the requirements of regulation 15 are complied with; and

(iv)who, as at the date on which the requirements of regulation 15 are complied with, is under the age of 21.

(3) Except in a case to which paragraph (4) or (5) applies, a joint-claim couple shall, for the purposes of [F81regulation 13], be deemed to be a couple in hardship where the Secretary of State is satisfied, after taking account of the factors set out in paragraph (6) in so far as they are appropriate to the particular circumstances of the case, that the couple will suffer hardship unless a joint-claim jobseeker’s allowance is paid.

(4) In paragraphs (2) and (3), a joint-claim couple shall not be deemed to be a “couple in hardship"—

(a)where one member of the couple is entitled to income support or falls within a category of persons prescribed for the purposes of section 124(1)(e) of the Benefits Act; or

(b)during a period in respect of which it has been determined that both members of the couple are subject [F82or are to be treated as subject] to sanctions for the purposes of section [F838 or] 20A of the Jobseekers Act ([F83attendance, information and evidence;] denial or reduction of joint-claim jobseeker’s allowance).

(5) Paragraph (2)(e) shall not apply in a case where the person being cared for resides in a [F84care home, an Abbeyfield Home or an independent hospital].

(6) Factors which, for the purposes of paragraphs (2) and (3), the Secretary of State is to take into account in determining whether a joint-claim couple will suffer hardship are—

(a)the presence in the joint-claim couple of a person who satisfies the requirements for a disability premium specified in paragraphs 20H and 20I of Schedule 1 to the Jobseeker’s Allowance Regulations;

(b)the resources which, without a joint-claim jobseeker’s allowance, are likely to be available to the joint-claim couple, the amount by which these resources fall short of the amount applicable in their case in accordance with regulation 16 (applicable amount of joint-claim couple in hardship cases), the amount of any resources which may be available to the joint-claim couple from any person in the couple’s household who is not a member of the family and the length of time for which those factors are likely to persist;

(c)whether there is a substantial risk that essential items, including food, clothing, heating and accommodation, will cease to be available to the joint-claim couple, or will be available at considerably reduced levels, the hardship that will result and the length of time those factors are likely to persist.

(7) In determining the resources available to the offender’s family under paragraph (6)(b), any training premium or top-up payment paid pursuant to the Employment and Training Act 1973 shall be disregarded.

Textual Amendments

F77Word in reg. 11(2)(e)(ii) omitted (E.W.S.) (8.4.2013) by virtue of The Social Security (Loss of Benefit)(Amendment) Regulations 2013 (S.I. 2013/385), regs. 1(2)(b), 12(c)

Marginal Citations

M17Section 3A was inserted by section 59 of, and paragraph 4(2) of Schedule 7 to, the Welfare Reform and Pensions Act 1999 (c. 30).

Circumstances in which a joint-claim jobseeker’s allowance is payable where a joint-claim couple is a couple in hardshipE+W+S

12.—(1) This regulation applies where a joint-claim couple is a couple in hardship within the meaning of regulation 11(2) and is subject to the provisions of regulations 14 and 15.

(2) A joint-claim jobseeker’s allowance shall be payable to a couple in hardship even though section 8(2) of the Act prevents payment of a joint-claim jobseeker’s allowance to the couple or section 8(3) of the Act reduces the amount of a joint-claim jobseeker’s allowance payable to the couple but the allowance shall be payable under this paragraph only if and for so long as—

(a)the joint-claim couple satisfy the other conditions of entitlement to a joint-claim jobseeker’s allowance; or

(b)one member satisfies those conditions and the other member comes within any paragraph in Schedule A1 to the Jobseeker’s Allowance Regulations (categories of members not required to satisfy conditions in section 1(2B)(b) of the Jobseekers Act).

Further circumstances in which a joint-claim jobseeker’s allowance is payable to a couple in hardshipE+W+S

13.—(1) This regulation applies to a couple in hardship falling within regulation 11(3) and is subject to the provisions of regulations 14 and 15.

(2) A joint-claim jobseeker’s allowance shall be payable to a couple in hardship even though section 8(2) of the Act prevents payment of a joint-claim jobseeker’s allowance to the couple or section 8(3) of the Act reduces the amount of a joint-claim jobseeker’s allowance payable to the couple but the allowance—

(a)shall not be payable under this paragraph in respect of the first 14 days of the prescribed period; and

(b)shall be payable thereafter only where the conditions of entitlement to a joint-claim jobseeker’s allowance are satisfied or where one member satisfies those conditions and the other member comes within any paragraph in Schedule A1 to the Jobseeker’s Allowance Regulations (categories of members not required to satisfy conditions in section 1(2B)(b) of the Jobseekers Act).

Conditions for payment of a joint-claim jobseeker’s allowanceE+W+S

14.—(1) A joint-claim jobseeker’s allowance shall not be payable in accordance with regulation 12 or 13 except where either member of the couple has—

(a)furnished on a form approved for the purpose by the Secretary of State or in such other form as he may in any particular case approve, a statement of the circumstances he relies upon to establish entitlement under regulation 11(2) or, as the case may be, 11(3); and

(b)signed the statement.

(2) The completed and signed form shall be delivered by a member of the couple to such office as the Secretary of State may specify.

Provision of informationE+W+S

15.  For the purposes of section 8(4)(b) of the Act, a member of the couple shall provide to the Secretary of State information as to the circumstances of the alleged hardship of the couple.

Applicable amount of joint-claim couple in hardship casesE+W+S

16.—(1) The weekly applicable amount of a couple to whom a joint-claim jobseeker’s allowance is payable in accordance with this Part shall be reduced by a sum equivalent to 40 per cent. or, in a case where a member of the joint-claim couple is either pregnant or seriously ill or where a member of the joint-claim couple is a member of a polygamous marriage and one of those members is either pregnant or seriously ill, 20 per cent. of the following amount—

(a)where one member of the joint-claim couple or of the polygamous marriage is aged not less than 18 but less than 25 and the other member or, in the case of a polygamous marriage, each other member, is a person under 18 to whom section 3A(1)(e)(ii) of the Jobseekers Act applies or is not subject to a direction under section 16 of that Act, the amount specified in paragraph 1(1)(d) of Schedule 1 to the Jobseeker’s Allowance Regulations;

(b)where one member of the joint-claim couple or at least one member of the polygamous marriage (other than a member of a couple or polygamous marriage to whom sub-paragraph (a) applies) is aged not less than 18, the amount specified in paragraph 1(1)(e) of Schedule 1 to the Jobseeker’s Allowance Regulations.

(2) A reduction under paragraph (1) shall, if it is not a multiple of 5p, be rounded to the nearest such multiple or, if it is a multiple of 2.5p but not of 5p, to the next lower multiple of 5p.

[F85Part 4AE+W+SHardship: Income-related employment and support allowance

Textual Amendments

Payment of income-related employment and support allowance to specified personsE+W+S

16A—(1) Subject to regulation 16B, an income-related employment and support allowance is payable in accordance with the following provisions of this Part to an offender or an offender’s family member (“O”) where—

(a)O meets the conditions for entitlement to that allowance;

(b) the amount of the allowance otherwise payable to O is subject to a reduction under regulation 3ZA above or regulation 63 of the ESA Regulations ; and

(c)the Secretary of State is satisfied that O, their partner or a child or qualifying young person for whom they are responsible, will be in hardship unless such a payment is made.

(2) The Secretary of State must take the following matters into account in determining whether a person is in hardship for the purpose of paragraph (1)(c)—

(a) whether O’s partner or a person in O’s family satisfies the requirements for a disability premium specified in paragraphs 6 and 7 of Schedule 4 to the ESA Regulations , or for an element of child tax credit in respect of a child or young person who is disabled or severely disabled within the meaning of regulation 8 of the Child Tax Credit Regulations 2002;

(b)the household’s available resources without a payment under paragraph (1), including resources from persons who are not members of the household;

(c)the difference between the available resources and the amount of a payment under paragraph (1) that O would receive;

(d)whether there is a substantial risk that the household will not have access to essential items (including food, clothing, heating and accommodation), or will have access to such essential items at considerably reduced levels, without a payment under paragraph (1); and

(e)the length of time that the factors set out in sub-paragraphs (b) to (d) are likely to continue.

(3)  In paragraphs (1) and (2), “partner”, “child” and “qualifying young person” have the same meaning as they have in the ESA Regulations .

Requirements for payments under regulation 16A(1)E+W+S

16B  The Secretary of State must not make a payment under regulation 16A(1) unless O —

(a)completes and submits an application in a form approved for the purpose by the Secretary of State, or in such other form as the Secretary of State accepts as sufficient, in such manner as the Secretary of State determines; and

(b)provides such information or evidence relating to the matters specified in regulation 16A(2)(b) to (d) as the Secretary of State may require, in such manner as the Secretary of State determines.

Amount of payment under regulation 16A(1)E+W+S

16C.—(1)  The amount of a payment under regulation 16A(is 60 per cent. of the prescribed amount for a single claimant as set out in paragraph (1)(a) of Part 1 of Schedule 4 to the ESA Regulations .

(2) A payment calculated in accordance with paragraph (1) is to be, if it is not a multiple of 5 pence, rounded to the nearest such multiple or, if it is a multiple of 2.5 pence but not of 5 pence, to the next lower multiple of 5 pence.]

[F86Part 4BE+W+SHardship: Universal Credit

Textual Amendments

Payment of universal credit to specified personsE+W+S

16D.—(1) Subject to regulation 16E, universal credit is payable in accordance with the following provisions of this Part to an offender or an offender’s family member (“O”) or where O is a joint claimant, to O and the other joint claimant (“J”), where the Secretary of State is satisfied that they are in hardship.

(2) For the purposes of paragraph (1), O or, as the case may be, O and J must be considered as being in hardship only where—

(a)they meet the conditions for entitlement to universal credit;

(b)they cannot meet their immediate and most basic and essential needs, specified in paragraph (3), or the immediate and most basic and essential needs of a child or qualifying young person for whom O is, or O and J are, responsible only because the amount of their award has been reduced under—

(i)section 26 or 27 of the 2012 Act by the daily reduction rate determined in accordance with regulation 111 of the UC Regulations; or

(ii)regulation 3ZB above by the daily reduction rate determined in accordance with paragraph (3) or (4) of that regulation;

(c)they have made every effort to access alternative sources of support to meet, or partially meet, such needs; and

(d)they have made every effort to cease to incur any expenditure which does not relate to such needs.

(3) The needs referred to in paragraph (2) are—

(a)accommodation;

(b)heating;

(c)food;

(d)hygiene.

(4) In paragraph (2)(b), “child” and “qualifying young person” have the same meaning as in Part 1 of the 2012 Act and whether or not O is, or O and J are, responsible for a child or qualifying young person is to be determined in accordance with regulation 4 of the UC Regulations.

Requirements for payments under regulation 16D(1)E+W+S

16E.  The Secretary of State must not make a payment under regulation 16D(1) unless—

(a)O completes and submits or, as the case may be, O and J complete and submit, an application in a form approved for the purpose by the Secretary of State, or in such other form as the Secretary of State accepts as sufficient, in such manner as the Secretary of State determines;

(b)O furnishes or, as the case may be, O and J furnish, such information or evidence relating to the matters specified in regulation 16D(2)(b) to (d) as the Secretary of State may require, in such manner as the Secretary of State determines; and

(c)O accepts or, as the case may be O and J accept, that any such payments that are paid are recoverable and may be recovered in accordance with section 71ZH of the Administration Act, except in such cases as the Secretary of State determines otherwise.

Period in respect of which payments under regulation 16D(1) are to be madeE+W+S

16F.  A payment under regulation 16D(1) is to be made in respect of—

(a)a period which—

(i)begins with the date on which the application under regulation 16E(a) is submitted or, if later, the date on which all of the conditions in regulation 16D(2) are met; and

(ii)ends with the day before the date on which O’s, or as the case may be, O and J’s next full payment of universal credit for an assessment period is due to be made (or would be made but for a reduction under regulation 3ZB); or

(b)where the period calculated in accordance with paragraph (a) is 7 days or less, that period plus a further period ending with the day referred to in paragraph (a)(ii) or, if sooner, the last day in respect of which O’s, or as the case may be, O and J’s award is reduced in accordance with regulation 3ZB.

The amount of payments under regulation 16D(1)E+W+S

16G.  The amount of a payment under regulation 16D(1) for each day in respect of which such a payment is to be is made is to be determined in accordance with the formula—

   

where A is equal to the amount of the reduction in the amount of O’s award or, as the case may be, the amount of O and J’s award, calculated under regulation 3ZB for the assessment period preceding the assessment period in which an application is submitted under regulation 16E(a).

Recoverability of payments made under regulation 16D(1)E+W+S

16H.  Payments made under regulation 16D(1) are recoverable by virtue of section 71ZH of the Administration Act as if they were hardship payments under regulation 116 of the UC Regulations and for this purpose, regulation 119 of those Regulations applies to payments under regulation 16D(1) as it applies to such hardship payments.]

PART VE+W+S HOUSING BENEFIT AND COUNCIL TAX BENEFIT

Circumstances where a reduced amount of housing benefit and council tax benefit is payableE+W+S

17.—(1) Subject to F87[F88...] regulation 18, any payment of housing benefit or, as the case may be, council tax benefit which falls to be made to an offender in respect of any week in the disqualification period or to an offender’s family member in respect of any week in the relevant period shall be reduced—

(a)where the claimant or a member of his family is pregnant or seriously ill, by a sum equivalent to 20 per cent.;

(b)in any other case, by a sum equivalent to 40 per cent.,

of the amount which is or, where he is not the claimant or is not single, would be applicable to the offender in respect of a single claimant for those benefits on the first day of the disqualification period or, where the payment falls to be made to an offender’s family member, on the first day of the relevant period and specified in [F89paragraph 1 of Schedule 3 to the Housing Benefit Regulations or, as the case may be, in paragraph 1(1) of Schedule 3 of the Housing Benefit (State Pension Credit) Regulations, in paragraph 1(1) of Schedule 1 to the Council Tax Benefit Regulations, or in paragraph 1(1) of Schedule 1 of the Council Tax Benefit (State Pension Credit) Regulations].

(2) A reduction under paragraph (1) shall, if it is not a multiple of 5p, be rounded to the nearest such multiple or, if it is a multiple of 2.5p but not of 5p, to the next lower multiple of 5p.

(3) Where the rate of housing benefit or council tax benefit payable to a claimant changes, the rules set out above for a reduction in the benefit payable shall be applied to the new rates and any adjustment to the reduction shall take effect from the beginning of the first benefit week to commence for the claimant following the change and in this paragraph “benefit week" shall have the same meaning as in [F90regulation 2(1) of the Housing Benefit Regulations or, as the case may be, regulation 2(1) of the Housing Benefit (State Pension Credit) Regulations, regulation 2(1) of the Council Tax Benefit Regulations, or regulation 2(1) of the Council Tax Benefit (State Pension Credit) Regulations].

F91(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F92(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Circumstances where housing benefit and council tax benefit is payableE+W+S

18.  Regulation 17 shall not apply and housing benefit or, as the case may be, council tax benefit shall be payable to an offender or to an offender’s family member—

(a)where the offender is the claimant, he is entitled to either of those benefits during the disqualification period;

(b)where the offender’s family member is the claimant, he is entitled to either of those benefits during the relevant period,

and the claimant is, at the same time, also entitled to income support [F93, an income-related employment and support allowance, state pension credit,] or to an income-based jobseeker’s allowance.

Textual Amendments

PART VIE+W+S DEDUCTIONS FROM BENEFITS AND DISQUALIFYING BENEFITS

Social security benefits not to be sanctionable benefitsE+W+S

19.  The following social security benefits are to be treated as a disqualifying benefit but not a sanctionable benefit—

(a)constant attendance allowance payable under [F94article 8 of the Naval, Military and Air Forces Etc. (Disablement and Death) Service Pensions Order 2006] M19 (“the Order") or article 14 or 43 of the Personal Injuries (Civilians) Scheme 1983 M20 (“the Scheme");

(b)exceptionally severe disablement allowance payable under [F95article 9 of the Order] or article 15 or 44 of the Scheme;

(c)mobility supplement payable under [F96article 20] of the Order or article 25A or 48A of the Scheme;

(d)constant attendance allowance and exceptionally severe disablement allowance, payable under sections 104 and 105 respectively of the Benefits Act where a disablement pension is payable under section 103 of that Act; and

(e)a bereavement payment payable under section 36 of the Benefits Act M21.

Textual Amendments

Marginal Citations

M21Section 36 was substituted by section 54(1) of the Welfare Reform and Pensions Act 1999 (c. 30).

[F97Benefits to be treated as neither sanctionable nor disqualifyingE+W+S

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.]

Textual Amendments

Deductions from benefitsE+W+S

20.  Any restriction in section [F986B,] 7, 8 or 9 of the Act shall not apply in relation to payments of benefit to the extent of any deduction from the payments which falls to be made under regulations made under section 5(1)(p) of the Social Security Administration Act 1992 for, or in place of, child support maintenance and for this purpose, “child support maintenance" means such maintenance which is payable under the Child Support Act 1991 M22.

Textual Amendments

Marginal Citations

M221991 c. 48. Section 43 of that Act, which permits deduction in connection with child support maintenance using the powers in section 5 of the Social Security Administration Act 1992, is substituted by section 21 of the Child Support, Pensions and Social Security Act 2000 (c. 19). The Regulations are S.I. 1987/1968 and relevant amending instruments are S.I. 1988/522 and 725, 1992/1026 and 2001/18.

PART VIIE+W+S OTHER AMENDMENTS

Amendment of the Social Security and Child Support (Decisions and Appeals) Regulations 1999E+W+S

21.  In Schedule 2 to the Social Security and Child Support (Decisions and Appeals) Regulations 1999 M23 (decisions against which no appeal lies), after paragraph 26, there shall be added the following paragraph—

“Loss of benefitE+W+S

27.  A decision of the Secretary of State that a sanctionable benefit as defined in section 7(8) of the Social Security Fraud Act 2001 is not payable, or is to be reduced, pursuant to section 7, 8 or 9 of that Act as a result of convictions for one or more benefit offences in each of two separate sets of proceedings, one offence being committed within 3 years of conviction for another, where the only ground of appeal is that any of the convictions was erroneous.”.

Marginal Citations

M23S.I. 1999/991. Relevant amending instruments are S.I. 1999/3178, 2000/897 and 1596.

Amendment of the Pensions Appeal Tribunals (Additional Rights of Appeal) Regulations 2001E+W+S

22.  In the Pensions Appeal Tribunals (Additional Rights of Appeal) Regulations 2001 M24 after regulation 4 there shall be added the following regulation—

“ Loss of benefit decisions

5.  A decision of the Secretary of State pursuant to section 7 of the Social Security Fraud Act 2001 (loss of benefit for commission of benefit offences) that a war pension within the meaning of that Act is not payable shall be a specified decision.”.

Marginal Citations

Alistair Darling

One of Her Majesty’s Principal Secretaries of State

Explanatory Note

(This note is not part of the Regulations)

These Regulations are made by virtue of, or in consequence of, sections 7 to 13 of the Social Security Fraud Act 2001 (c. 11) (“the Act") and relate to restrictions in payment of certain benefits which apply where a person has been convicted of one or more benefit offences in each of two separate proceedings and one offence is committed within three years of the conviction for another such offence.

The Regulations are made before the end of the period of six months beginning with the coming into force of the relevant provisions in the Act and are therefore exempt from the requirement in section 172(1) of the Social Security Administration Act 1992 (c. 5) to refer proposals to make these Regulations to the Social Security Advisory Committee.

Part I contains provisions relating to citation, commencement and interpretation. The Regulations come into force on 1st April 2002. Regulation 2 prescribes what is to be the disqualification period for the purposes of the imposition of the loss of benefit or reduction in the amount payable.

Part II prescribes what are to be the reductions in income support or joint-claim jobseeker’s allowance when the restrictions apply.

Part III makes provision for an income-based jobseeker’s allowance to be paid where the claimant is a person in hardship and Part IV makes provision for a joint-claim jobseeker’s allowance to be paid where a joint-claim couple are a couple in hardship.

Part V makes provision regarding reductions in housing benefit and council tax benefit during the disqualification period or the relevant period and when those benefits remain payable during those periods.

Part VI prescribes certain benefits which are to be disqualifying but not sanctionable benefits and that the restrictions in sections 7 to 9 of the Act are not to apply to deductions from benefit for, or in place of, child support maintenance.

Part VII amends the Social Security and Child Support (Decisions and Appeals) Regulations 1999 (S.I. 1999/991) so that no appeal to the tribunal lies on the ground that a conviction which led to the restriction was erroneous and the Pensions Appeal Tribunals (Additional Rights of Appeal) Regulations 2001 (S.I. 2001/1031) to give a right of appeal to the Pensions Appeal Tribunal where the restriction affects a war pension.

These Regulations do not impose a charge on business.

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