PART 3The Social Fund

Amendment of the Social Fund (Recovery by Deductions from Benefits) Regulations 19885

In regulation 3 of the Social Fund (Recovery by Deductions from Benefits) Regulations 1988 M1 (benefits from which an award may be recovered) after sub-paragraph (d) insert—

dd

an employment and support allowance under section 1 of the Welfare Reform Act 2007;

Amendment of the Social Fund Cold Weather Payments (General) Regulations 19886

1

The Social Fund Cold Weather Payments (General) Regulations 1988 M2 are amended as follows.

2

In regulation 1(2) (citation, commencement and interpretation)—

a

after the definition of “the Act” insert—

“the Welfare Reform Act” means the Welfare Reform Act 2007;

b

in the definition of “claimant”M3 for “or income-based jobseeker's allowance” substitute “ , income-based jobseeker's allowance or income-related employment and support allowance ”; and

c

after the definition of “income-based jobseeker's allowance” insert—

“income-related employment and support allowance” means an income-related allowance under Part 1 of the Welfare Reform Act (employment and support allowance);

3

In regulation 1A(1) M4 (prescribed description of persons)—

a

for “or income-based jobseeker's allowance” substitute “ , income-based jobseeker's allowance or income-related employment and support allowance ”; and

b

after sub-paragraph (ic) insert—

id

whose applicable amount includes one or more of the premiums specified in paragraphs 5 to 8 of Schedule 4 to the Employment and Support Allowance Regulations 2008; or

ie

whose applicable amount includes an amount under section 4(2)(b) of the Welfare Reform Act; or

Amendment of the Social Fund Winter Fuel Payment Regulations 20007

1

The Social Fund Winter Fuel Payment Regulations 2000 M5 are amended as follows.

2

In regulation 1(2) (citation, commencement and interpretation) after the definition of “free in-patient treatment” insert—

“income-related employment and support allowance” means an income-related allowance under Part 1 of the Welfare Reform Act 2007 (employment and support allowance);

3

In regulation 2(1)(b)(ii) M6 (social fund winter fuel payments) for “or an income-based jobseeker's allowance” substitute “ , an income-based jobseeker's allowance or an income-related employment and support allowance ”.

4

In regulation 3(1)(a)(i) (persons not entitled to a social fund winter fuel payment) for “or an income-based jobseeker's allowance” substitute “ , an income-based jobseeker's allowance or an income-related employment and support allowance ”.

5

In regulation 4(2) (making a winter fuel payment without a claim) for “or state pension credit” substitute “ , state pension credit or an income-related employment and support allowance ”.

Amendment of the Social Fund Maternity and Funeral Expenses (General) Regulations 20058

1

The Social Fund Maternity and Funeral Expenses (General) Regulations 2005 M7 are amended as follows.

2

In regulation 3 (interpretation)—

a

in paragraph (1)—

i

after the definition of “the Act” insert—

“the Employment and Support Allowance Regulations” means the Employment and Support Allowance Regulations 2008;

ii

after the definition of “income-based jobseeker's allowance” insert—

“income-related employment and support allowance” means an income-related allowance under Part 1 of the Welfare Reform Act 2007 (employment and support allowance);

b

in paragraph (3) after “Regulations” add “ or regulation 2(1) of the Employment and Support Allowance Regulations ”; and

c

in paragraph (4)(a) after “Income Support Regulations” insert “ , in regulation 156 of the Employment and Support Allowance Regulations ”.

3

In regulation 5(1)(a) (entitlement)—

a

after paragraph (iv) omit “or”; and

b

after paragraph (v) for “; and” substitute—

or

vi

income-related employment and support allowance; and

4

In regulation 7(4)(a) (funeral payments: entitlement)—

a

after paragraph (vi) omit “or”; and

b

after paragraph (vii) insert—

viii

income-related employment and support allowance; or