2009 No. 583
The Social Security (Miscellaneous Amendments) Regulations 2009
Made
Laid before Parliament
Coming into force in accordance with regulation 1
The Secretary of State for Work and Pensions makes the following Regulations in exercise of the powers conferred by—
–sections 123(1)(a), (d) and (e), 124(1)(d) and (e), 130(2), 131(3)(b) and (5)(c)(ii), 132(4) and (5), 135, 136(3) and (5)(a) and (b), 136A(3) and (4)(a), 137(1) and (2)(e), (f), (h), (i), (j) and (m), and 175(1) to (4) of the Social Security Contributions and Benefits Act 1992 M1,
–sections 15A(2)(b), 189(1), (4) and (5) and 191 of the Social Security Administration Act 1992 M2,
–sections 4(5), 12(1) and (4)(a) and (b), 35 and 36 of, and paragraphs 1(1), 8, 8A and 9 of Schedule 1 to, the Jobseekers Act 1995 M3,
–sections 15(1), (3), (4) and (6)(b) and 19(1) and (3) of the State Pension Credit Act 2002 M4, and
–sections 17, 24, 25(5) and 28(2)(b) of the Welfare Reform Act 2007 M5.
The Social Security Advisory Committee have agreed that the proposals in respect of these Regulations should not be referred to it M6.
In respect of the provisions in these Regulations relating to housing benefit and council tax benefit, the Secretary of State has consulted the organisations appearing to him to be representative of the authorities concerned M7.
In respect of the provisions in these Regulations relating to mortgages, the Secretary of State has consulted with organisations representing qualifying lenders likely to be affected M8.
1992 c.5. Section 15A was inserted by paragraph 1 of the Schedule to the Social Security (Mortgage Interest Payments) Act 1992 (c.33). Section 189(1) was amended by paragraph 109(a) of Schedule 7 and Schedule 8 to the Social Security Act 1998 (c.14); paragraph 57(1) and (2) of Schedule 3 to the Social Security Contributions (Transfer of Functions, etc) Act 1999 (c.2); and Schedule 6 to the Tax Credits Act 2002 (c.21). Section 189(4) was amended by paragraph 109(c) of Schedule 7 and Schedule 8 to the Social Security Act 1998. Section 189(5) was amended by paragraph 109(d) of Schedule 7 and Schedule 8 to the Social Security Act 1998. Section 191 is an interpretation provision and is cited because of the meaning given to the word “prescribe”.
1995 c.18. Section 35 is an interpretation provision and is cited because of the meaning given to the word “prescribed”. Section 36(1) was amended by paragraph 145 of Schedule 7 to the Social Security Act 1998 and paragraphs 29(1) and (6) of Schedule 8 to the Welfare Reform and Pensions Act 1999 (c.30). Section 36(4) was amended by paragraph 63 of Schedule 3 to the Social Security Contributions (Transfer of Functions, etc) Act 1999. Paragraph 8A of Schedule 1 was added by paragraphs 1 and 16(1) and (2) of Schedule 7 to the Welfare Reform and Pensions Act 1999.
2002 c.16. Section 5 was amended by paragraph 140 of Part 13 of Schedule 24 to the Civil Partnership Act 2004 (c.33).
2007 c.5. Section 24 is an interpretation provision and is cited because of the meaning there given to the word “prescribed”.
See sections 172(1) and 173(1)(b) of the Social Security Administration Act 1992.
See section 176(1) of the Social Security Administration Act 1992, as amended by paragraph 23 of Schedule 9 to the Local Government Finance Act 1992.
See section 15A of the Social Security Administration Act 1992.
Citation, commencement and interpretation1
1
These Regulations may be cited as the Social Security (Miscellaneous Amendments) Regulations 2009 and come into force as follows.
2
Subject to paragraphs (3) to (5), these Regulations come into force on 6th April 2009.
3
Regulations 1, 3, 8(2)(b), (10)(a) and (b) and 9(8) come into force on 1st April 2009.
4
Regulations 2(6) and (14)(a), 4(6) and (13)(a), 5(2), (3) and (5), 6(5) and (13)(a), 7(4), (5), (7)(b) and (8), 8(5) and (13)(a), 9(4), (5) and (9) and 10(4)(b) and (10)(a) come into force, in so far as they relate to a particular claimant, on the first day of the first benefit week to commence for that claimant on or after 6th April 2009.
5
Regulations 6(2)(b), (10)(a) and (b) and 7(7)(a) come into force immediately after articles 19 and 20 of the Social Security Benefits Up-rating Order 2009 M9 comes into force, and—
a
in relation to a case where rent is payable at intervals of a week or any multiple of a week, on 6th April 2009, or
b
in relation to any other case, on 1st April 2009.
6
In this regulation “benefit week” has the same meaning as in—
a
regulation 2(1) of the Income Support (General) Regulations 1987 M10, so far as it relates to regulation 2(6) and (14)(a);
b
regulation 1(3) of the Jobseeker's Allowance Regulations 1996 M11, so far as it relates to regulation 4(6) and (13)(a);
c
regulation 1(2) of the State Pension Credit Regulations 2002 M12, so far as it relates to regulation 5(2), (3) and (5);
d
regulation 2(1) of the Housing Benefit Regulations 2006 M13, so far as it relates to regulation 6(5) and (13)(a);
e
regulation 2(1) of the Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 2006 M14, so far as it relates to regulation 7(4), (5), (7)(b) and (8);
f
regulation 2(1) of the Council Tax Benefit Regulations 2006 M15, so far as it relates to regulation 8(5) and (13)(a);
g
regulation 2(1) of the Council Tax Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 2006 M16, so far as it relates to regulation 9(4), (5) and (9);
h
regulation 2(1) of the Employment and Support Allowance Regulations 2008 M17, so far as it relates to regulation 10(4)(b) and (10)(a).
Amendment of the Income Support (General) Regulations 19872
1
The Income Support (General) Regulations 1987 are amended as follows.
2
In regulation 2(1) (interpretation)—
a
in the appropriate place insert the following definition—
“basic rate”, where it relates to the rate of tax, has the same meaning as in the Income Tax Act 2007 M18 (see section 989 of that Act);
b
omit the definition of “starting rate”M19.
3
In—
a
regulation 2(1) (interpretation), in paragraphs (a) and (c) of the definition of “training allowance”M20,
b
Schedule 1B (prescribed categories of person), in paragraph 28 M21,
c
Schedule 2 (applicable amounts), in paragraph 7(1)(b) M22, and
d
Schedule 3 (housing costs), in paragraph 3(13)(d),
before “Scottish Enterprise” insert “
Skills Development Scotland,
”
.
4
In regulation 4ZA M23
(prescribed categories of person), in paragraph (3)(b) after “12,” insert “
15A,
”
.
5
Omit regulation 21(1A) M24 (special cases).
6
For regulation 30(2A) M25 (calculation of earnings of self-employed earners) substitute—
2A
This paragraph applies to—
a
royalties or other sums paid as a consideration for the use of, or the right to use, any copyright, design, patent or trade mark; or
b
any payment in respect of any —
i
book registered under the Public Lending Right Scheme 1982; or
ii
work made under any international public lending right scheme that is analogous to the Public Lending Right Scheme 1982,
where the claimant is the first owner of the copyright, design, patent or trade mark, or an original contributor to the book or work concerned.
7
In regulation 39(1) M26 (deduction of tax and contributions for self-employed earners) and in regulation 42(8)(a) M27 (notional income)—
a
omit “the starting rate or, as the case may be, the starting rate and”;
b
for “starting” substitute “
basic
”
.
8
In regulation 39D M28 (deduction in respect for participants in the self-employed route)—
a
in paragraph (1)(c) omit “the starting rate of tax or, as the case may be, the starting rate and”;
b
in paragraph (2) for “starting” substitute “
basic
”
.
9
In regulation 61(1) M29 (interpretation)—
a
for the definition of “contribution” substitute—
“contribution” means—
- a
any contribution in respect of the income of a student or any person which the Secretary of State, the Scottish Ministers or an education authority takes into account in ascertaining the amount of a student's grant or student loan; or
- b
any sums, which in determining the amount of a student's allowance or bursary in Scotland under the Education (Scotland) Act 1980, the Scottish Ministers or education authority takes into account being sums which the Scottish Ministers or education authority consider that it is reasonable for the following persons to contribute towards the holder's expenses—
- i
the holder of the allowance or bursary;
- ii
the holder's parents;
- iii
the holder's parent's spouse, civil partner or a person ordinarily living with the holder's parent as if he or she were the spouse or civil partner of that parent; or
- iv
the holder's spouse or civil partner;
b
in paragraph (c) of the definition of “grant income”M30 for “or 12 of Schedule 1B applies (lone parent or disabled student)” substitute “
, 12 or 15A of Schedule 1B applies (lone parent, disabled student or persons in education
”
.
10
11
In regulation 66A(4)(a)(ii)
(treatment of student loans) for “or 12 of Schedule 1B applies (lone parent or disabled student)” substitute “
, 12 or 15A of Schedule 1B applies (lone parent, disabled student or persons in education
”
.
12
In Schedule 1B (prescribed categories of person)—
a
in paragraph 3(a) before “ill” insert “
temporarily
”
;
b
after paragraph 15 insert—
Circumstances in which a person in education will be treated as not being a member of a household15A
1
A person is subject to this regulation if they fulfil the conditions in sub-paragraphs to (5).
2
The first condition is that he is under the age of 21.
3
The second condition is that he is undertaking a course of full-time, non-advanced education.
4
The third condition is that he was accepted to attend, enrolled on, or began the course before attaining the age of 19.
5
The fourth condition is that—
a
he has no parent;
b
of necessity he has to live away from his parents because—
i
he is estranged from them,
ii
he is in physical or moral danger, or
iii
there is a serious risk to his physical or mental health; or
c
he is living away from his parents where they are unable financially to support him and are—
i
chronically sick or mentally or physically disabled,
ii
detained in custody pending trial or sentence upon conviction or under a sentence imposed by a court, or
iii
prohibited from entering or re-entering Great Britain.
6
In this paragraph—
“chronically sick or mentally or physically disabled” has the meaning given in regulation 13(3)(b);
“course of full-time, non-advanced education” means education of a kind referred to in regulation 3(2)(a) or (b) of the Child Benefit (General) Regulations 2006 M33;
“parent” includes a person acting in place of a parent which—
- a
for the purposes of sub-paragraph (5)(a) and (b) has the meaning given in regulation 13(3)(a)(i), and
- b
for the purposes of sub-paragraph (5)(c), has the meaning given in regulation 13(3)(a)(ii).
13
In Schedule 9 (sums to be disregarded in the calculation of income other than earnings), in paragraph 58 M34 omit “under the Community Care (Direct Payments) Act 1996 or”.
Amendment of the Social Security Claims and Payments Regulations 1987F13
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Amendment of the Jobseeker's Allowance Regulations 19964
1
The Jobseeker's Allowance Regulations 1996 are amended as follows.
2
In regulation 1(3) (citation, commencement and interpretation)—
a
in the appropriate place insert the following definition—
“basic rate”, where it relates to the rate of tax, has the same meaning as in the Income Tax Act 2007 (see section 989 of that Act).
b
omit the definition of “starting rate”M37.
3
In—
a
regulation 1(3) (citation, commencement and interpretation), in paragraphs (a) and (c) of the definition of “training allowance”M38,
b
regulation 11(3) M39 (part-time students),
c
regulation 19(1)(r)(ii)(aa) M40 (circumstances in which a person is to be treated as actively seeking employment),
d
regulation 57(1) (interpretation of Part IV), in the definition of “training”M41,
e
regulation 75(1)(b)(i) M42 (interpretation),
f
regulation 170(2) M43 (persons in receipt of a training allowance),
g
i
Schedule 2 (housing costs), in paragraph 3(13)(d),
before “Scottish Enterprise” insert “
Skills Development Scotland,
”
.
4
In regulation 51(2) (remunerative work) omit sub-paragraph (c).
5
Omit regulation 85(2) (special cases).
6
For regulation 95(2A) M48 (calculation of earnings of self-employed earners) substitute—
2A
This paragraph applies to—
a
royalties or other sums paid as a consideration for the use of, or the right to use, any copyright, design, patent or trade mark; or
b
any payment in respect of any —
i
book registered under the Public Lending Right Scheme 1982; or
ii
work made under any international public lending right scheme that is analogous to the Public Lending Right Scheme 1982,
where the claimant is the first owner of the copyright, design, patent or trade mark, or an original contributor to the book or work concerned.
7
In regulation 102(1) M49 (deduction of tax and contributions for self-employed earners) and regulation 105(15)(a) M50 (notional income)—
a
omit “the starting rate or, as the case may be, the starting rate and”;
b
for “starting” substitute “
basic
”
.
8
In regulation 102D M51 (deduction in respect of tax for participants in the self-employed route)—
a
in paragraph (1)(c) omit “the starting rate of tax or, as the case may be, the starting rate and”;
b
in paragraph (2) for “starting” substitute “
basic
”
.
9
In regulation 130 M52 (interpretation) for the definition of “contribution” substitute—
“contribution” means—
- a
any contribution in respect of the income of a student or any person which the Secretary of State, the Scottish Ministers or an education authority takes into account in ascertaining the amount of a student's grant or student loan; or
- b
any sums, which in determining the amount of a student's allowance or bursary in Scotland under the Education (Scotland) Act 1980, the Scottish Ministers or education authority takes into account being sums which the Scottish Ministers or education authority consider that it is reasonable for the following persons to contribute towards the holder's expenses—
- i
the holder of the allowance or bursary;
- ii
the holder's parents;
- iii
the holder's parent's spouse, civil partner or a person ordinarily living with the holder's parent as if he or she were the spouse or civil partner of that parent; or
- iv
the holder's spouse or civil partner;
10
In regulation 131(2) M53 (calculation of grant income), after sub-paragraph (i) add—
j
of higher education bursary for care leavers made under Part III of the Children Act 1989.
11
In regulation 163(4)(c) M54
(calculation of earnings) for “starting” substitute “
basic
”
.
12
In Schedule 7 (sums to be disregarded in the calculation of income other than earnings), in paragraph 56 M55 omit “under the Community Care (Direct Payments) Act 1996 or”.
13
In Schedule 8 (capital to be disregarded)—
a
after paragraph 37 insert—
37A
Any payment made under Part 8A of the Benefits Act (entitlement to health in pregnancy grant).
b
in paragraph 60 M56 omit “the Community Care (Direct Payments) Act 1996,”.
Amendment of the State Pension Credit Regulations 20025
1
The State Pension Credit Regulations 2002 are amended as follows.
2
In regulation 15(5) (income for the purposes of the Act)—
a
for sub-paragraph (f) M57 substitute—
f
royalties or other sums paid as a consideration for the use of, or the right to use, any copyright, design, patent or trade mark;
b
for sub-paragraph (g) substitute—
g
any payment in respect of any—
i
book registered under the Public Lending Right Scheme 1982; or
ii
work made under any international public lending right scheme that is analogous to the Public Lending Right Scheme 1982;
3
In regulation 17 (calculation of weekly income)—
a
for paragraph (5)(a) M58 substitute—
a
royalties or other sums received as a consideration for the use of, or the right to use, any copyright, design, patent or trade mark;
b
for paragraph (5)(b) substitute—
b
any payment in respect of any—
i
book registered under the Public Lending Right Scheme 1982; or
ii
work made under any international public lending right scheme that is analogous to the Public Lending Right Scheme 1982;
c
for paragraph (9)(b) M59 substitute—
b
any amount to which paragraph (5) applies where the claimant is the first owner of the copyright, design, patent or trademark, or an original contributor to the book or work referred to in paragraph (5)(b).
4
In—
a
Schedule II (housing costs), in paragraph 4(13)(b), and
b
Schedule V (income from capital), in paragraph 15(8)(a) and (c) in the definition of “training allowance”,
before “Scottish Enterprise” insert “
Skills Development Scotland,
”
.
5
In Schedule V (income from capital) after paragraph 23A insert—
23B
Any payment made under Part 8A of the 1992 Act (entitlement to health in pregnancy grant).
Amendment of the Housing Benefit Regulations 20066
1
The Housing Benefit Regulations 2006 are amended as follows.
2
In regulation 2(1) (interpretation)—
a
in the appropriate place insert the following definition—
“basic rate”, where it relates to the rate of tax, has the same meaning as in the Income Tax Act 2007 (see section 989 of that Act);
b
in the definition of “main phase employment and support allowance”M60, after “Act” insert “
except in Part 1 of Schedule 3
”
;
c
omit the definition of “starting rate”M61.
3
In—
a
regulation 2(1) (interpretation), in paragraphs (a) and (c) of the definition of “training allowance”M62,
b
regulation 7(18) (circumstances in which a person is or is not to be treated as occupying a dwelling as his home), in the definition of “training course”, and
c
Schedule 3 (applicable amounts), in paragraph 7(1)(b),
before “Scottish Enterprise” insert “
Skills Development Scotland,
”
.
4
In regulation 36(6)(a) M63 (calculation of net earnings of employed earners), regulation 39(1) M64 (deduction of tax and contributions of self-employed earners) and regulation 42(12)(a) M65 (notional income)—
a
omit “the starting rate or, as the case may be, the starting rate and”;
b
for “starting” substitute “
basic
”
.
5
For regulation 37(3) M66 (earnings of self-employed earners) substitute—
3
This paragraph applies to—
a
royalties or other sums paid as a consideration for the use of, or the right to use, any copyright, design, patent or trade mark; or
b
any payment in respect of any—
i
book registered under the Public Lending Right Scheme 1982; or
ii
work made under any international public lending right scheme that is analogous to the Public Lending Right Scheme 1982,
where the claimant is the first owner of the copyright, design, patent or trade mark, or an original contributor to the book or work concerned.
6
In regulation 53(1) (interpretation)—
a
for the definition of “contribution”M67 substitute—
“contribution” means—
- a
any contribution in respect of the income of a student or any person which the Secretary of State, the Scottish Ministers or an education authority takes into account in ascertaining the amount of a student's grant or student loan; or
- b
any sums, which in determining the amount of a student's allowance or bursary in Scotland under the Education (Scotland) Act 1980, the Scottish Ministers or education authority takes into account being sums which the Scottish Ministers or education authority consider that it is reasonable for the following persons to contribute towards the holder's expenses—
- i
the holder of the allowance or bursary;
- ii
the holder's parents;
- iii
the holder's parent's spouse, civil partner or a person ordinarily living with the holder's parent as if he or she were the spouse or civil partner of that parent; or
- iv
the holder's spouse or civil partner;
b
in the definition of “period of study”—
i
for paragraph (b)(i) substitute—
i
the day before the start of the next year of the course in a case where the student's grant or loan is assessed at a rate appropriate to his studying throughout the year or, if he does not have a grant or loan, where a loan would have been assessed at such a rate had he had one; or
ii
in paragraph (b)(ii) for “recognised” substitute “
normal
”
.
7
In regulation 56 (full-time students to be treated as not liable to make payments in respect of a dwelling)—
a
in paragraph (2)(h)(i) M68 for “19” substitute “
21
”
;
b
after paragraph (2) insert—
2A
For the purposes of paragraph (2)(h)(i) the student must have begun the course before attaining the age of 19.
8
In regulation 59(2) (calculation of grant income), after sub-paragraph (h) add—
i
of higher education bursary for care leavers made under Part III of the Children Act 1989.
9
In regulation 63 (other amounts to be disregarded) omit paragraph (2) M69.
10
In Schedule 3 (applicable amounts)—
a
after paragraph 1 insert—
1A
For the purposes of paragraph 1 a claimant is entitled to main phase employment and support allowance if he personally satisfies paragraph 21 M70 of this Schedule.
b
in paragraph 3(4)—
i
in paragraph (c) for “continued to be entitled to one or other of those benefits” substitute “
continuously, since that date, been entitled to income support, an income-based jobseeker's allowance or an income-related employment and support allowance or a combination of those benefits
”
;
ii
in paragraph (d) for “either of those benefits” substitute “
income support, an income-based jobseeker's allowance or an income-related employment and support allowance
”
;
iii
in paragraph (e) M71 after “12” insert “
or a component under paragraph 23 or 24
”
;
c
in paragraph 14(2)(b) for “entitled to or in receipt of” substitute “
entitled to and in receipt of
”
.
11
In Schedule 4 (sums to be disregarded in the calculation of earnings), after paragraph 2 insert—
2A
In the case of a claimant who has been engaged in remunerative work or part-time employment as a self-employed earner or, had the employment been in Great Britain would have been so engaged and who has ceased to be so employed, from the date of the cessation of his employment any earnings derived from that employment except earnings to which regulation 37(3) and (4) M72 (earnings of self-employed earners) apply.
12
In Schedule 5 (sums to be disregarded in the calculation of income other than earnings), in paragraph 57 omit “under the Community Care (Direct Payments) Act 1996 or”.
13
In Schedule 6 (capital to be disregarded)—
a
after paragraph 41 insert—
41A
Any payment made under Part 8A of the Act (entitlement to health in pregnancy grant).
b
in paragraph 58 omit “the Community Care (Direct Payments) Act 1996, or”.
Amendments to the Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 20067
1
The Housing Benefit (Persons who have attained the qualifying age for state pension credits) Regulations 2006 are amended as follows.
2
In regulation 2(1) (interpretation)—
a
in the appropriate place insert the following definition—
“basic rate”, where it relates to the rate of tax, has the same meaning as in the Income Tax Act 2007 (see section 989 of that Act);
b
omit the definition of “starting rate”M73.
3
In—
a
regulation 2(1) (interpretation), in paragraphs (a) and (c) of the definition of “training allowance”M74,
b
regulation 7(18) (circumstances in which a person is or is not to be treated as occupying a dwelling as his home), in the definition of “training course”, and
c
Schedule 3 (applicable amounts), in paragraph 5(1)(b),
before “Scottish Enterprise” insert “
Skills Development Scotland,
”
.
4
In regulation 29(1) (meaning of “income”)—
a
for sub-paragraph (q) substitute—
q
royalties or other sums paid as a consideration for the use of, or the right to use, any copyright, design, patent or trade mark;
b
for sub-paragraph (r) substitute—
r
any payment in respect of any—
i
book registered under the Public Lending Right Scheme 1982; or
ii
work made under any international public lending right scheme that is analogous to the Public Lending Right Scheme 1982;
5
In regulation 33 (calculation of weekly income)—
a
for paragraph (5)(a) substitute—
a
royalties or other sums paid as a consideration for the use of, or the right to use, any copyright, design, patent or trade mark;
b
for paragraph (5)(b) substitute—
b
any payment in respect of any —
i
book registered under the Public Lending Right Scheme 1982; or
ii
work made under any international public lending right scheme that is analogous to the Public Lending Right Scheme 1982; or
c
for paragraph (8)(b) substitute—
b
any amount to which paragraph (5) applies where the claimant is the first owner of the copyright, design, patent or trademark, or an original contributor to the book or work referred to in paragraph (5)(b).
d
after paragraph (8) insert—
8A
For the purpose of paragraph (8)(b), and for that purpose only, the amounts specified in paragraph (5) shall be treated as though they were earnings.
6
In regulation 36(5)(a) M75 (calculation of net earnings of employed earners) and regulation 40(1) M76 (deduction of tax and contributions of self-employed earners)—
a
omit “the starting rate or, as the case may be, the starting rate and”;
b
for “starting” substitute “
basic
”
.
7
In Schedule 4 (sums disregarded from claimant's earnings)—
a
at the end of paragraph 5(1)(c) insert “or” and the following sub-paragraph—
d
has, or is treated as having, limited capability for work within the meaning of section 1(4) of the Welfare Reform Act or limited capability for work-related activity within the meaning of section 2(5) of that Act and either—
i
the assessment phase as defined in section 24(2) of the Welfare Reform Act has ended; or
ii
regulation 7 of the Employment and Support Allowance Regulations (circumstances where the condition that the assessment phase has ended before entitlement to the support component or the work-related activity component arises does not apply) applies.
b
in paragraph 8 after “copyright,” insert “
design,
”
.
8
In Schedule 6 (capital to be disregarded), after paragraph 26B M77 insert—
26C
Any payment made under Part 8A of the Act (entitlement to health in pregnancy grant).
Amendment of the Council Tax Benefit Regulations 20068
1
The Council Tax Benefit Regulations 2006 are amended as follows.
2
In regulation 2(1) (interpretation)—
a
in the appropriate place insert the following definition—
“basic rate”, where it relates to the rate of tax, has the same meaning as in the Income Tax Act 2007 (see section 989 of that Act).
b
in the definition of “main phase employment and support allowance”M78 after “Act” insert “
except in Part 1 of Schedule 1
”
;
c
omit the definition of “starting rate”M79.
3
In—
a
regulation 2(1) (interpretation), in paragraphs (a) and (c) of the definition of “training allowance”, and
b
regulation 8(7) (prescribed persons for the purposes of section 131(3)(b) of the Act),
before “Scottish Enterprise” insert “
Skills Development Scotland,
”
.
4
In regulation 26(6)(a) M80 (calculation of net earnings of employed earners), regulation 29(1) M81 (deduction of tax and contributions of self-employed earners) and regulation 32(12)(a) M82 (notional income)—
a
omit “the starting rate or, as the case may be, the starting rate and”;
b
for “starting” substitute “
basic
”
.
5
For regulation 27(3) M83 (earnings of self-employed earners) substitute—
3
This paragraph applies to—
a
royalties or other sums paid as a consideration for the use of, or the right to use, any copyright, design, patent or trade mark; or
b
any payment in respect of any—
i
book registered under the Public Lending Right Scheme 1982; or
ii
work made under any international public lending right scheme that is analogous to the Public Lending Right Scheme 1982,
where the claimant is the first owner of the copyright, design, patent or trade mark, or an original contributor to the book or work concerned.
6
In regulation 43(1) (interpretation)—
a
for the definition of “contribution”M84 substitute—
“contribution” means—
- a
any contribution in respect of the income of a student or any person which the Secretary of State, the Scottish Ministers or an education authority takes into account in ascertaining the amount of a student's grant or student loan; or
- b
any sums, which in determining the amount of a student's allowance or bursary in Scotland under the Education (Scotland) Act 1980, the Scottish Ministers or education authority takes into account being sums which the Scottish Ministers or education authority consider that it is reasonable for the following persons to contribute towards the holder's expenses—
- i
the holder of the allowance or bursary;
- ii
the holder's parents;
- iii
the holder's parent's spouse, civil partner or a person ordinarily living with the holder's parent as if he or she were the spouse or civil partner of that parent; or
- iv
the holder's spouse or civil partner;
b
In the definition for “period of study”—
i
for paragraph (b)(i) substitute—
i
the day before the start of the next year of the course in a case where the student's grant or loan is assessed at a rate appropriate to his studying throughout the year or, if he does not have a grant or loan, where a loan would have been assessed at such a rate had he had one; or
ii
in paragraph (b)(ii) for “recognised” substitute “
normal
”
.
7
In regulation 45(3) (students who are excluded from entitlement to council tax benefit)—
a
in sub-paragraph (h)(i) M85 for “19” substitute “
21
”
;
b
after sub-paragraph (i) insert—
3A
For the purposes of paragraph (3)(h)(i) the student must have begun the course before attaining the age of 19.
8
In regulation 46(2) (calculation of grant income), after sub-paragraph (h) add—
i
of higher education bursary for care leavers made under Part III of the Children Act 1989.
9
In regulation 50 (other amounts to be disregarded) omit paragraph (2).
10
In Schedule 1 (applicable amounts)—
a
after paragraph 1 insert—
1A
In paragraph 1 a claimant is entitled to main phase employment and support allowance if he satisfies paragraph 21 M86 of this Schedule.
b
in paragraph 3(4)—
i
in paragraph (c) for “continued to be entitled to one or other of those benefits” substitute “
continuously, since that date, been entitled to income support, an income-based jobseeker's allowance or income-related employment and support allowance or a combination of those benefits
”
;
ii
in paragraph (d) for “either of those benefits”
substitute “
income support, an income-based jobseeker's allowance or an income-related employment and support allowance
”
;
iii
in paragraph (e) M87 after “12” insert “
or a component under paragraph 23 or 24
”
;
c
in paragraph 7(1)(b)—
i
after “approved” insert “
by the Secretary of State
”
;
ii
after “the 1973 Act or” insert—
by Skills Development Scotland, Scottish Enterprise or Highlands and Islands Enterprise under
iii
for “Town” substitute “
Towns
”
;
d
in paragraph 14(2)(b) for “entitled to or in receipt of” substitute “
entitled to and in receipt of
”
.
11
In Schedule 3 (sums to be disregarded in the calculation of earnings), after paragraph 2 insert—
2A
In the case of a claimant who has been engaged in remunerative work or part-time employment as a self-employed earner or, had the employment been in Great Britain would have been so engaged and who has ceased to be so employed, from the date of the cessation of his employment any earnings derived from that employment except earnings to which regulation 27(3) and (4) M88 (earnings of self-employed earners) apply.
12
In Schedule 4 (sums to be disregarded in the calculation of income other than earnings)—
a
in paragraph 43 M89, after “section 13” insert “
or
”
;
b
in paragraph 57 omit “under the Community Care (Direct Payments) Act 1996 or”.
13
In Schedule 5 (capital to be disregarded)—
a
after paragraph 41 insert—
41A
Any payment made under Part 8A of the Act (entitlement to health in pregnancy grant).
b
in paragraph 60 omit “the Community Care (Direct Payments) Act 1996, or”.
Amendments to the Council Tax Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 20069
1
The Council Tax Benefit (Persons who have attained the qualifying age for state pension credits) Regulations 2006 are amended as follows.
2
In regulation 2(1) (interpretation)—
a
in the appropriate place insert the following definition—
“basic rate”, where it relates to the rate of tax, has the same meaning as in the Income Tax Act 2007 (see section 989 of that Act).
b
omit the definition of “starting rate”M90.
3
In—
a
regulation 2(1) (interpretation), in paragraphs (a) and (c) in the definition of “training allowance”,
b
regulation 8(7) (prescribed persons for the purposes of section 131(3)(b) of the Act), in the definition of “training course”, and
c
Schedule 1 (applicable amounts), in paragraph 5(1)(b),
before “Scottish Enterprise” insert “
Skills Development Scotland,
”
.
4
In regulation 19(1) (meaning of “income”)—
a
for sub-paragraph (q) substitute—
q
royalties or other sums paid as a consideration for the use of, or the right to use, any copyright, design, patent or trade mark;
b
for sub-paragraph (r) substitute—
r
any payment in respect of any—
i
book registered under the Public Lending Right Scheme 1982; or
ii
work made under any international public lending right scheme that is analogous to the Public Lending Right Scheme 1982;
5
In regulation 23 (calculation of weekly income)—
a
for paragraph (5)(a) substitute—
a
royalties or other sums paid as a consideration for the use of, or the right to use, any copyright, design, patent or trade mark;
b
for paragraph (5)(b) substitute—
b
any payment in respect of any—
i
book registered under the Public Lending Right Scheme 1982; or
ii
work made under any international public lending right scheme that is analogous to the Public Lending Right Scheme 1982;
c
for paragraph (8)(b) substitute—
b
any amount to which paragraph (5) applies where the claimant is the first owner of the copyright, design, patent or trademark, or an original contributor to the book or work referred to in paragraph (5)(b).
d
after paragraph (8) insert—
8A
For the purposes of paragraph (8)(b), and for that purpose only, the amounts specified in paragraph (5) shall be treated as though they were earnings.
6
In regulation 26(5)(a) M91 (calculation of net earnings of employed earners) and regulation 30(1) M92 (deduction of tax and contributions of self-employed earners)—
a
omit “the starting rate or, as the case may be, the starting rate and”;
b
for “starting” substitute “
basic
”
.
7
In Schedule 1 (applicable amounts), in paragraph 6(2)(b)(iii) for “entitled to or in receipt of” substitute “
entitled to and in receipt of
”
.
8
In Schedule 2 (sums disregarded from claimant's earnings), at the end of paragraph 5(1)(c) insert “
or
”
and the following sub-paragraph—
d
has, or is treated as having, limited capacity for work within the meaning of section 1(4) of the Welfare Reform Act or limited capability for work-related activity within the meaning of section 2(5) of that Act and either—
i
the assessment phase as defined in section 24(2) of the Welfare Reform Act has ended; or
ii
regulation 7 of the Employment and Support Allowance Regulations (circumstances where the condition that the assessment phase has ended before entitlement to the support component or the work-related activity component arising does not apply) applies.
9
In Schedule 4 (capital disregards), after paragraph 26A M93 add—
26B
Any payment made under Part 8A of the Act (entitlement to health in pregnancy grant).
Amendments to the Employment and Support Allowance Regulations 200810
1
The Employment and Support Allowance Regulations 2008 are amended as follows.
2
In—
a
regulation 2(1) (interpretation), in paragraphs (a) and (c) of the definition of “training allowance”,
b
Schedule 4 (amounts), in paragraph 4(1)(b), and
c
Schedule 6 (housing costs), in paragraph 5(13),
before “Scottish Enterprise” insert “
Skills Development Scotland,
”
.
3
In regulation 91(2)(c)
(calculation of earnings derived from employed earner's employment and income other than earnings) for “income-related” substitute “
employment and support
”
.
4
In regulation 92 (calculation of earnings of self-employed earners) for paragraph (2) substitute—
2
a
Where the claimant's earnings consist of any items to which this paragraph applies those earnings shall be taken into account over a period equal to such number of weeks as is equal to the number obtained (and any fraction shall be treated as a corresponding fraction of a week) by dividing the earnings by the amount of employment and support allowance which would be payable had the payment not been made plus an amount equal to the total of the sums which would fall to be disregarded from the payment under Schedule 7 (earnings to be disregarded) as is appropriate in the claimant's case;
b
This paragraph applies to—
i
royalties or other sums paid as a consideration for the use of, or the right to use, any copyright, design, patent or trade mark; or
ii
any payment in respect of any book registered under the Public Lending Right Scheme 1982 or work made under any international public lending right scheme that is analogous to the Public Lending Right Scheme 1982,
where the claimant is the first owner of the copyright, design, patent or trademark, or an original contributor to the book or work concerned.
5
In regulation 93 (date on which income is treated as paid)—
a
in paragraph (3)—
i
before “Working tax credit” insert “
Subject to paragraph (4),
”
;
ii
omit “or child tax credit”;
iii
at the end of sub-paragraph (a) insert “
or
”
;
iv
at the end of sub-paragraph (b) omit “or;”;
v
omit sub-paragraph (c);
b
after paragraph (3) insert—
4
Where working tax credit is paid under regulation 7D (ceasing to undertake work or working less than 16 hours a week) of the Working Tax Credit (Entitlement and Maximum Rate) Regulations 2002 M94, it shall be treated as paid on the first day of the benefit week in which that award of tax credit begins; but this paragraph shall only apply until the last day of the last benefit week that coincides with or precedes the last day for which tax credit is awarded under that regulation.
6
In regulation 94(1) (calculation of weekly amount of income) for sub-paragraph (b)(iii) substitute—
iii
in a case where that period is a year and the payment is an award of working tax credit, by dividing the payment by the number of days in the year and multiplying the result by 7;
iiia
in a case where that period is a year and the payment is income other than an award of working tax credit, by dividing the amount of the payment by 52;
7
In regulation 131(1) (interpretation) for the definition of “contribution” substitute—
“contribution” means—
- a
any contribution in respect of the income of a student or any person which the Secretary of State, the Scottish Ministers or an education authority takes into account in ascertaining the amount of a student's grant or student loan; or
- b
any sums, which in determining the amount of a student's allowance or bursary in Scotland under the Education (Scotland) Act 1980, the Scottish Ministers or education authority takes into account being sums which the Scottish Ministers or education authority consider that it is reasonable for the following persons to contribute towards the holder's expenses—
- i
the holder of the allowance or bursary;
- ii
the holder's parents;
- iii
the holder's parent's spouse, civil partner or a person ordinarily living with the holder's parent as if he or she were the spouse or civil partner of that parent; or
- iv
the holder's spouse or civil partner;
8
In regulation 132(2) (calculation of grant income), after sub-paragraph (i) add—
j
of higher education bursary for care leavers made under Part III of the Children Act 1989.
9
In Schedule 8 (sums to be disregarded in the calculation of income other than earnings), in paragraph 53 omit “under the Community Care (Direct Payments) Act 1996 or”.
10
Schedule 9 (capital to be disregarded)—
a
after paragraph 38 insert—
38A
Any payment made under Part 8A of the Social Security Contributions and Benefits Act 1992 (entitlement to health in pregnancy grant).
b
in paragraph 56 omit “the Community Care (Direct Payments) Act 1996,”.
Signed by the authority of the Secretary of State for Work and Pensions
1992 c.4. Section 123(1)(e) was substituted by paragraph 1(1) of Schedule 9 to the Local Government Finance Act 1992 (c.14). Section 124(1)(d) was inserted by paragraph 30(4) of Schedule 2 to the Jobseekers Act 1995 (c.18). Section 124(1)(e) was inserted by paragraph 30(5) of Schedule 2 to the Jobseekers Act 1995 and amended by Schedule 3 to the State Pension Credit Act 2002 (c.16). Section 130(2) was amended by paragraph 1(2) of Schedule 9 to the Local Government Finance Act 1992; paragraphs 1(1) and (3) of Schedule 5 to the Welfare Reform Act 2007 (c.5); and section 96(1) and (2) to the Local Government Act 2000 (c.22). Section 131(3)(b) and (5)(c)(ii) and 132(5) were substituted by paragraph 4 of Schedule 9 to the Local Government Finance Act 1992. Section 135(3) and (4) were repealed by Part 3 of Schedule 6 to the Health and Social Care Act 2001 (c.15). Section 135(5) was amended by Schedule 6 to the Tax Credits Act 2002 (c.21). Section 136A was inserted by paragraphs 1 and 3 of Schedule 2 to the State Pension Credit Act 2002. Section 137(1) is an interpretation provision and is cited because of the meaning there given to the word “prescribed”. Section 137(2)(d) was substituted by paragraph 35(3) of Schedule 2 to the Jobseekers Act 1995.