The Social Security (Miscellaneous Amendments) (No. 3) Regulations 2004

Statutory Instruments

2004 No. 2308

SOCIAL SECURITY

The Social Security (Miscellaneous Amendments) (No. 3) Regulations 2004

Made

6th September 2004

Laid before Parliament

13th September 2004

Coming into force

4th October 2004

The Secretary of State for Work and Pensions, in exercise of the powers conferred upon him by sections 123(1)(a), (d) and (e), 136(3), (5)(a) and (b), 137(1) and (2)(e) and 175(1), (3) and (4) of the Social Security Contributions and Benefits Act 1992 M1 , sections 5(1)(h) and (i) and 5(2), and 6(1)(h) and (i) of the Social Security Administration Act 1992 M2 , sections 12(1), (4)(a) and (b) and 35(1) and 36(2) and (4) of the Jobseekers Act 1995 M3 and 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 authorities concerned M4 , and after agreement by the Social Security Advisory Committee that proposals in respect of the Regulations should not be referred to it M5 , makes the following Regulations:

Marginal Citations

M1 1992 c. 4. Section 123(1)(e) was substituted by paragraph 1 of Schedule 9 to the Local Government Finance Act 1992 (c. 14). Section 137(1) is an interpretation provision and is cited because of the meaning given to the word “prescribed”.

M2 1995 c. 5.

M3 1995 c. 18. Section 35(1) is an interpretation provision and is cited because of the meaning given to the words “prescribed” and “regulations”. Sections 35(1) and 36(4) were amended by section 2 of, and paragraph 62 and 63 respectively of Schedule 3 to the Social Security Contributions (Transfer of Functions, etc) Act 1999 (c. 2).

M4 See section 176(1) of the Social Security Administration Act 1992 (c. 5).

M5 See sections 170 and 173(1) of the Social Security Administration Act 1992; paragraph 67 of Schedule 2 to the Jobseekers Act 1995 added that Act to the list of “relevant enactments” in respect of which regulations must normally be referred to the Committee.

Citation, commencement and interpretation

1.—(1) These Regulations may be cited as the Social Security (Miscellaneous Amendments) (No. 3) Regulations 2004 and shall come into force on 4th October 2004.

(2) In these Regulations—

F1 ...

F1 ...

“the Income Support Regulations” means the Income Support (General) Regulations 1987 M6 ;

“the Jobseeker’s Allowance Regulations” means the Jobseeker’s Allowance Regulations 1996 M7 .

Textual Amendments

F1 Words in reg. 1(2) revoked (6.3.2006) by The Housing Benefit and Council Tax Benefit (Consequential Provisions) Regulations 2006 (S.I. 2006/217), reg. 1(1), Sch. 1 (with regs. 2, 3, Sch. 3, Sch. 4)

Marginal Citations

M6 S.I. 1987/1967.

M7 S.I. 1996/207.

Amendments relating to relevant payments

2.—(1) In each of the provisions specified in paragraph (2) (sums to be disregarded in the calculation of income other than earnings)—

(a) after the words “household fuel,” insert “ council tax, water charges, ”;

(b) omit the words “, or is used for any council tax or water charges for which that claimant or member is liable”.

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

(a) paragraph 15(2) of Schedule 9 to the Income Support Regulations M8 ;

(b) paragraph 15(2) of Schedule 7 to the Jobseeker’s Allowance Regulations.

F2 (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F2 (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F2 Reg. 2(3)(4) revoked (6.3.2006) by The Housing Benefit and Council Tax Benefit (Consequential Provisions) Regulations 2006 (S.I. 2006/217), reg. 1(1), Sch. 1 (with regs. 2, 3, Sch. 3, Sch. 4)

Marginal Citations

M8 Paragraph 15 was substituted by S.I. 1990/547. The relevant amending instruments are S.I. 1990/1776, 1991/1559, 1992/3147, 1993/315, 1994/527, 2001/3767 and 2002/2442.

Amendments relating to the Skipton Fund

3.—(1) In each of the provisions specified in paragraph (2) (notional capital) for the words “or the Independent Living Funds” substitute “, the Independent Living Funds or the Skipton Fund ”.

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

(a) regulation 51(3A)(a) of the Income Support Regulations M9 ;

F3 (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F3 (c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(d) regulation 113(3A)(a) of the Jobseeker’s Allowance Regulations M10 .

(3) In each of the provisions specified in paragraph (4) (sums to be disregarded in the calculation of income other than earnings) for the words “and the Eileen Trust” substitute “, the Eileen Trust and the Skipton Fund”.

(4) The provisions specified for the purpose of paragraph (3) are—

(a) paragraph 39(7) of Schedule 9 to the Income Support RegulationsM11 ;

F4 (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F4 (c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5) After paragraph 41(6) of Schedule 7 to the Jobseeker’s Allowance Regulations (sums to be disregarded in the calculation of income other than earnings) add—

“(7) For the purposes of paragraphs (2) to (6), any reference to the Trusts shall be construed as including a reference to the Skipton Fund.”.

F5 (6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F5 (7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F3 Reg. 3(2)(b)(c) revoked (6.3.2006) by The Housing Benefit and Council Tax Benefit (Consequential Provisions) Regulations 2006 (S.I. 2006/217), reg. 1(1), Sch. 1 (with regs. 2, 3, Sch. 3, Sch. 4)

F4 Reg. 3(4)(b)(c) revoked (6.3.2006) by The Housing Benefit and Council Tax Benefit (Consequential Provisions) Regulations 2006 (S.I. 2006/217), reg. 1(1), Sch. 1 (with regs. 2, 3, Sch. 3, Sch. 4)

F5 Reg. 3(6)(7) revoked (6.3.2006) by The Housing Benefit and Council Tax Benefit (Consequential Provisions) Regulations 2006 (S.I. 2006/217), reg. 1(1), Sch. 1 (with regs. 2, 3, Sch. 3, Sch. 4)

Marginal Citations

M9 Paragraph (3A) was inserted by S.I. 1998/2117.

M10 Paragraph (3A) was inserted by S.I. 1998/2117.

M11 Paragraph 39 was inserted by S.I. 1988/663 and substituted by S.I. 1991/1175. The relevant amending instruments are S.I. 1992/1101 and 1993/1249.

Amendments relating to special guardianship allowances

4.—(1) F6 ...

F6 “. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .”.

F6 (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3) After sub-paragraph (d) in each of the provisions specified in paragraph (4) (sums to be disregarded in the calculation of income other than earnings) add—

“(e) in accordance with regulations made pursuant to section 14F of the Children Act 1989 (special guardianship support services);”.

(4) The provisions specified for the purposes of paragraph (3) are—

(a) paragraph 25(1) of Schedule 9 to the Income Support Regulations M12 ;

(b) paragraph 26(1) of Schedule 7 to the Jobseeker’s Allowance Regulations M13 .

(5) After paragraph 68 of Schedule 10 to the Income Support Regulations (capital to be disregarded) M14 insert—

“68A.   Any payment made to the claimant in accordance with regulations made pursuant to section 14F of the Children Act 1989 (special guardianship support services).”.

(6) F7 ...

F7    “. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .”.

(7) After paragraph 61 of Schedule 8 to the Jobseeker’s Allowance Regulations (capital to be disregarded) M15 insert—

“61A.   Any payment made to the claimant in accordance with regulations made pursuant to section 14F of the Children Act 1989 (special guardianship support services).”.

Textual Amendments

F6 Reg. 4(1)(2) revoked (6.3.2006) by The Housing Benefit and Council Tax Benefit (Consequential Provisions) Regulations 2006 (S.I. 2006/217), reg. 1(1), Sch. 1 (with regs. 2, 3, Sch. 3, Sch. 4)

F7 Reg. 4(6) revoked (6.3.2006) by The Housing Benefit and Council Tax Benefit (Consequential Provisions) Regulations 2006 (S.I. 2006/217), reg. 1(1), Sch. 1 (with regs. 2, 3, Sch. 3, Sch. 4)

Marginal Citations

M12 The relevant amending instruments are S.I. 1992/468, 1998/563, 2003/455 and 2003/2279.

M13 The relevant amending instruments are S.I. 1998/563, 2003/455 and 2003/2279.

M14 Paragraph 68 was inserted by S.I. 2003/2279.

M15 Paragraph 61 was inserted by S.I. 2003/2279.

Further amendment of the Income Support Regulations

5.—(1) In regulation 12(2) of the Income Support Regulations M16 (relevant education)—

(a) in sub-paragraph (a) for the words “a higher national diploma or higher national certificate of either the Business & Technology Education Council or the Scottish Vocational Education Council” substitute “ a higher national certificate ”;

(b) for sub-paragraph (b) substitute—

“(b) any other course which is a course of a standard above advanced GNVQ or equivalent, including a course which is of a standard above a general certificate of education (advanced level) or a Scottish national qualification (higher or advanced higher).”.

(2) In regulation 42 of the Income Support Regulations (notional income)—

(a) in paragraph (6A)(c) M17 omit the words from “, but this sub-paragraph” to the end of the sub-paragraph;

(b) omit paragraphs (6B) and (6C).

Marginal Citations

M16 The relevant amending instruments are S.I. 1990/547, 1992/2155 and 1993/2119.

M17 Paragraphs (6A) to (6C) were inserted by S.I. 1999/2554. The relevant amending instruments are S.I. 2000/678 and 2001/1029.

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

Chris Pond

Parliamentary Under Secretary of State,

Department for Work and Pensions

Explanatory Note

(This note is not part of the Regulations)

These Regulations further amend the Income Support (General) Regulations 1987 (S.I. 1987/1967), the Housing Benefit (General) Regulations 1987 (S.I. 1987/1971), the Council Tax Benefit (General) Regulations 1992 (S.I. 1992/1814) and the Jobseeker’s Allowance Regulations 1996 (S.I. 1996/207) (“the income-related benefits regulations”).

Regulation 2 amends the income disregard provisions of the income-related benefits regulations in relation to relevant payments so that relevant payments that are used for council tax or water charges will be disregarded to the extent of £20.

Regulation 3 provides an income disregard for payments which derive from Skipton Fund payments and it also excludes Skipton Fund payments from the notional capital rules (regulations 3(1)-(5)).

In relation to housing benefit and council tax benefit, regulations 3(6) and (7) provide that a person is not required to furnish any evidence and information about a Skipton Fund payment when making a claim or in connection with an award.

Regulation 4 introduces income and capital disregards for special guardianship payments.

The Income Support (General) Regulations 1987 (S.I. 1987/1967) are also further amended to—

• – remove references to specific awarding bodies from the definition of “receiving advanced education” in regulation 12(2) (regulation 5(1));

• – exclude lone parents, who participate in certain specified schemes, from the notional earnings rule (regulation 5(2)).

A full regulatory impact assessment has not been produced for this instrument as it has no impact on the costs of business.