The Social Security Amendment (Personal Allowances for Children and Young Persons) Regulations 2002

Statutory Instruments

2002 No. 2019

SOCIAL SECURITY

The Social Security Amendment (Personal Allowances for Children and Young Persons) Regulations 2002

Made

30th July 2002

Laid before Parliament

7th August 2002

Coming into force

14th October 2002

The Secretary of State for Work and Pensions, in exercise of the powers conferred upon him by sections 123(1)(a), (d) and (e), 135(1), 137(1) and 175(1) and (3) of the Social Security Contributions and Benefits Act 1992(1) and sections 4(5), 35(1) and 36(2) of the Jobseekers Act 1995(2) and of all other powers enabling him in that behalf, after consultation in respect of provisions in these Regulations relating to housing benefit and council tax benefit with organisations appearing to him to be representative of the organisations concerned(3) and after agreement by the Social Security Advisory Committee that proposals in respect of these Regulations shall not be referred to it(4), hereby makes the following Regulations:

Citation, commencement and interpretation

1.—(1) These Regulations may be cited as the Social Security Amendment (Personal Allowances for Children and Young Persons) Regulations 2002 and shall, subject to paragraphs (2) and (3) below, come into force on 14th October 2002.

(2) Regulation 2 of these Regulations shall, in relation to a claimant for income support, have effect from the first day of the first benefit week to commence for that claimant on or after 14th October 2002 and in this paragraph the expressions “benefit week” and “claimant” shall have the same meaning as in regulation 2(1) of the Income Support Regulations(5).

(3) Regulation 2 of these Regulations shall, in relation to a claimant for a jobseeker’s allowance, have effect from the first day of the first benefit week to commence for that claimant on or after 14th October 2002 and in this paragraph the expression “benefit week” shall have the same meaning as in regulation 1(3) of the Jobseeker’s Allowance Regulations(6).

(4) In these Regulations—

“the Income Support Regulations” means the Income Support (General) Regulations 1987(7);

“the Jobseeker’s Allowance Regulations” means the Jobseeker’s Allowance Regulations 1996(8).

Income support, jobseeker’s allowance, housing benefit and council tax benefit: personal allowances in respect of children and young persons

2.—(1) In Column (2) of the table in each of the paragraphs specified in paragraph (2) below (personal allowances in respect of a child or young person) (9)—

(a) in entry “(a)”, for the sum “£33.50” there shall be substituted the sum “£37.00”;

(b) in entry “(b)”, for the sum “£34.30” there shall be substituted the sum “£37.80”.

(2) The provisions specified for the purposes of paragraph (1) above are—

(a) paragraph 2(1) of Schedule 2 to the Income Support Regulations;

(b) paragraph 2(1) of Schedule 1 to the Jobseeker’s Allowance Regulations;

(c) paragraph 2(1) of Schedule 2 to the Housing Benefit (General) Regulations 1987(10);

(d) paragraph 2(1) of Schedule 1 to the Council Tax Benefit (General) Regulations 1992(11).

Signed by authority of the Secretary of State for Work and Pensions.

P. Hollis

Parliamentary Under-Secretary of State,

Department for Work and Pensions

30th July 2002

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) and the Council Tax Benefit (General) Regulations 1992 (S.I.1992/1814).

In particular, regulation 2 of these Regulations increases by £3.50 from 14th October 2002, the amounts of the weekly personal allowance applicable in respect of children and young persons in income support, jobseeker’s allowance, housing benefit and council tax benefit.

These Regulations do not impose a charge on business.

(1)

1992 c. 4; sections 123(1) and 137(1) were amended to have effect with respect to council tax benefit by Schedule 9 to the Local Government Finance Act 1992 (c. 14), paragraphs 1(1) and 9; section 137(1) is an interpretation provision and is cited because of the meaning ascribed to the word “prescribed”.

(2)

1995 c. 18; section 35(1) is an interpretation provision and is cited because of the meaning ascribed to the words “prescribed” and “regulations”.

(3)

See section 176(1) of the Social Security Administration Act 1992 (c. 5).

(4)

See sections 170 and 173(1)(b) of the Social Security Administration Act 1992 (c. 5); paragraph 67 of Schedule 2 to the Jobseekers Act 1995 (c. 18) added that Act to the list of “relevant enactments” under which proposals in respect of regulations must normally be referred to the Committee. Section 173(7) of the Social Security Administration Act 1992 defines “regulations”.

(5)

The definition of “benefit week” was amended by S.I. 1988/1445.

(6)

The definition of “benefit week” was amended by S.I. 1996/1517 and 2538.

(7)

S.I. 1987/1967. The relevant amending instruments are S.I. 1999/2555 and 2002/668.

(8)

S.I. 1996/207. The relevant amending instruments are S.I. 1999/2555 and 2002/668.

(9)

The relevant amounts were inserted in each case by S.I. 2002/668.

(10)

S.I. 1987/1971. The relevant amending instruments are S.I. 1999/2555 and 2002/668.

(11)

S.I. 1992/1814. The relevant amending instruments are S.I. 1999/2555 and 2002/668.