2010 No. 641
The Social Security (Miscellaneous Amendments) (No. 2) Regulations 2010
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), 130(2), 131(3), 135(1), 136(3) and (5), 136A(2) and (3), 137(1) and (2)(d), (f) and (i), 138(1)(a) and (4) and 175(1), (3) and (4) of the Social Security Contributions and Benefits Act 19921,
sections 5(1)(h), 6(1)(h), and 189(1), (4) and (5) and 191 of the Social Security Administration Act 19922,
sections 3(1)(f)(iii), 3A(1)(e)(ii), 4(5), 12(4)(a) to (c), 20B(4) and (6), 35(1) and 36(2) and (4) and paragraphs 1(2)(b) and 8A(1) of Schedule 1 to the Jobseekers Act 19953,
section 29 and paragraph 8 of Schedule 1 to the Social Security (Recovery of Benefits) Act 19974,
sections 2(3)(b), 7(7)(a), 15(1)(f), (6)(a) and (b) and 17(1) of the State Pension Credit Act 20025, and
sections 4(2), 17(1) and (3)(a) and (b), 24(1) and 25(2), (3) and (5) of the Welfare Reform Act 20076.
The Social Security Advisory Committee have agreed that the proposals in respect of these Regulations should not be referred to it7.
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 concerned8.
Citation and commencement1
1
These Regulations may be cited as the Social Security (Miscellaneous Amendments) (No. 2) Regulations 2010 and subject to paragraphs (2) to (4) come into force on 6th April 2010.
2
This regulation comes into force on 1st April 2010.
3
The following provisions come into force on 5th April 2010 in relation to any case where rent is payable at intervals of a week or any multiple of whole weeks, and in any other case on 1st April 2010—
a
regulation 8(1) to (3), (5) to (8) and (10) to (12),
b
regulation 9(1) to (3) and (5),
c
regulation 10(1) to (3), (5) to (8) and (10) to (12), and
d
regulation 11(1) to (3) and (5).
4
The following provisions come into force on 13th April 2010—
a
regulation 2(9),
b
regulation 4(11), and
c
regulation 6(4) and (5).
Amendments to the Income Support (General) Regulations 19872
1
The Income Support (General) Regulations 19879 are amended as follows.
2
In regulation 2(1) (interpretation) at the appropriate place insert the following definition—
“MFET Limited” means the company limited by guarantee (number 7121661) of that name, established for the purpose in particular of making payments in accordance with arrangements made with the Secretary of State to persons who have acquired HIV as a result of treatment by the NHS with blood or blood products ;
3
In—
a
regulation 2(1) in the definition of “qualifying person”10,
b
regulation 42(4ZA)(a)11 (notional income),
c
regulation 48(10)(c)12 (income treated as capital),
d
regulation 51(3A)(a)13 (notional capital),
e
Schedule 3 (housing costs), paragraph 18(8)(b)14,
f
after “Eileen Trust” insert “, MFET Limited”.
4
In regulation 6(1)(c) (persons not treated as engaged in remunerative work) after “earnings)” insert—
and in this paragraph “volunteer” means a person who is engaged in voluntary work, otherwise than for a relative, where the only payment received, or due to be paid to the person by virtue of being so engaged, is in respect of any expenses reasonably incurred by the person in connection with that work
5
6
In regulation 42 in—
a
paragraph (2)(g)22 for “is aged under 60”, substitute “has not attained the qualifying age for state pension credit”,
b
paragraph (2ZA)23 for “age of 60”, substitute “qualifying age for state pension credit”,
c
paragraph (2A)24 for “aged not less than 60”, substitute “who has attained the qualifying age for state pension credit”.
7
In—
a
regulation 42(4ZA)(a),
b
regulation 48(10)(c),
c
regulation 51(3A)(a),
d
Schedule 3, paragraph 18(8)(b),
e
Schedule 9, paragraph 39(1) to (5), and
f
Schedule 10, paragraphs 22(1) to (5) and 2925,
after “under” insert “or by”.
8
In regulation 51(2)(da)26 for “is aged under 60”, substitute “has not attained the qualifying age for state pension credit”.
9
In Schedule 2 (applicable amounts), paragraph 1(3)(a)(ii), paragraph 1(3)(e)(i), paragraph 1(3)(f)(i) and paragraph 1(3)(g)(i)27, after “regulation 4ZA” insert “or income-related employment and support allowance”.
10
11
In Schedule 10, paragraph 29 after “the Fund” insert “, MFET Limited”.
Amendments to the Social Security (Claims and Payments) Regulations 19873
Amendments to the Jobseeker’s Allowance Regulations 19964
1
The Jobseeker’s Allowance Regulations 199633 are amended as follows.
2
In regulation 1(3) (citation, commencement and interpretation)—
a
at the appropriate place insert the following definition—
“MFET Limited” means the company limited by guarantee (number 7121661) of that name, established for the purpose in particular of making payments in accordance with arrangements made with the Secretary of State to persons who have acquired HIV as a result of treatment by the NHS with blood or blood products;
b
in the definition of “full-time student”34—
i
in each place where it occurs, for “undertaking” substitute “attending or undertaking”, and
ii
in paragraph (b)(i) after “attending” insert “or undertaking”.
3
In—
a
regulation 1(3) in the definition of “qualifying person”35,
b
regulation 105(10A)(a)36 (notional income),
c
regulation 110(10)(c)37 (income treated as capital),
d
regulation 113(3A)(a)38 (notional capital),
e
Schedule 2 (housing costs) in paragraph 17(8)(b)39,
f
Schedule 7 (sums to be disregarded in the calculation of income other than earnings), paragraph 22(2)40, and
g
Schedule 8 (capital to be disregarded), paragraphs 27(1)41 and 31,
after “Eileen Trust” insert “, MFET Limited”.
4
In regulation 3E(2)(i)42 (entitlement of a member of a joint-claim couple to a jobseeker’s allowance without a claim being made jointly by the couple) for “seven weeks after the date on which the pregnancy ends where the expected week of confinement begins prior to 6th April 2003 or fifteen weeks after the date on which her pregnancy ends where the expected week of confinement begins on or after 6th April 2003”, substitute “twenty eight weeks after the date on which the pregnancy ends”.
5
In regulation 53(a) (persons treated as not engaged in remunerative work) after “earnings)” insert—
and in this paragraph “volunteer” means a person who is engaged in voluntary work, otherwise than for a relative, where the only payment received, or due to be paid to the person by virtue of being so engaged, is in respect of any expenses reasonably incurred by the person in connection with that work
6
In regulation 57(4)(a) (interpretation of Part IV), subject to paragraph (14) below, omit—
a
“Paragraph 10 (disabled students)”,
b
“Paragraph 12”, and
c
“Paragraph 13 (blind persons)”.
7
In regulation 105 in—
a
paragraph (2)(g)43 for “is aged under 60”, substitute “has not attained the qualifying age for state pension credit”;
b
paragraph (2B)44 for “age of 60”, substitute “qualifying age for state pension credit”;
c
paragraph (3)45 for “aged not less than 60”, substitute “who has attained the qualifying age for state pension credit”.
8
In—
a
regulation 105(10A)(a),
b
regulation 110(10)(c),
c
regulation 113(3A)(a),
d
Schedule 2, paragraph 17(8)(b),
e
Schedule 7, paragraph 41(1) to (5)46, and
f
Schedule 8, paragraphs 27(1) to (5) and 31,
after “under” insert “or by”.
9
In regulation 113(2)(da)47 for “is aged under 60”, substitute “has not attained the qualifying age for state pension credit”.
10
In regulation 130 (interpretation) at the appropriate place insert—
“last day of the course” means the date on which the last day of the final academic term falls in respect of the course in which the student is enrolled;
11
For regulation 146G(1)48 (applicable amount in hardship cases for joint-claim couples), substitute—
1
The weekly applicable amount of the joint-claim couple to whom a joint-claim jobseeker’s allowance is payable in accordance with this Part of these Regulations shall be reduced by a sum equivalent to—
a
20% of the amount specified in paragraph 1(1)(e) of Schedule 1 in a case where a member of a joint-claim couple is—
i
either pregnant or seriously ill, or
ii
a member of a polygamous marriage and one of the members of that marriage is pregnant or seriously ill, or
b
40% of the amount specified in paragraph 1(1)(e) of Schedule 1 in all other cases.
12
In Schedule 7, paragraph 41—
a
in sub-paragraph (1), after “(“the Trusts”)”, and
b
in sub-paragraph (7)49, after “Skipton Fund”,
insert “, MFET Limited”.
13
14
The provisions omitted by paragraph (6) continue to have effect in relation to a person referred to in regulation 2(2) of the Income Support (Prescribed Categories of Person) Regulations 200953.
Amendment to the Social Security (Recovery of Benefits) Regulations 19975
In the Social Security (Recovery of Benefits) Regulations 199754 in regulation 2(2) (exempted trusts and payments) after sub-paragraph (k)55 add,
l
any payment made by MFET Limited, a company limited by guarantee (number 7121661) of that name, established for the purpose in particular of making payments in accordance with arrangements made with the Secretary of State to persons who have acquired HIV as a result of treatment by the NHS with blood or blood products .
Amendments to the State Pension Credit Regulations 20026
1
The State Pension Credit Regulations 200256 are amended as follows.
2
In regulation 1(2) (interpretation) at the appropriate places insert the following definitions—
“foreign state retirement pension” means any pension which is paid under the law of a country outside the United Kingdom and is in the nature of social security;
“MFET Limited” means the company limited by guarantee (number 7121661) of that name, established for the purpose in particular of making payments in accordance with arrangements made with the Secretary of State to persons who have acquired HIV as a result of treatment by the NHS with blood or blood products;
3
In—
a
regulation 1(2) in the definition of “qualifying person”57,
b
Schedule II (housing costs) in paragraph 14(8)(b)58, and
after “the Eileen Trust” insert “, MFET Limited”.
4
The provisions of regulation 11 (retirement provision in assessed income period) become paragraph (1) of that regulation, and after that paragraph (as renumbered) add—
2
For the purposes of section 7(6) (meaning of retirement provision) of the Act, a foreign state retirement pension is to be treated as a benefit under the 1992 Act.
5
For regulation 15(2) (income for the purposes of the Act), substitute—
2
For the purposes of section 15(1)(f) (foreign social security benefits) of the Act, income includes—
a
all foreign social security benefits which are similar to the social security benefits prescribed under paragraph (1), and
b
any foreign state retirement pension.
6
In regulation 18(2) (notional income) for “aged not less than 60”, substitute “who has attained the qualifying age”.
7
In Schedule V, paragraph 15(1) to (5) after “under” insert “or by”.
Amendment to the Social Fund Maternity and Funeral Expenses (General) Regulations 20057
In the Social Fund Maternity and Funeral Expenses (General) Regulations 200561 in regulation 10 (deductions from an award of a funeral payment)—
a
in paragraph (2)—
i
after “under” insert “or by”;
ii
omit “or” at the end of sub-paragraph (g);
iii
after sub-paragraph (h) add—
or
i
MFET Limited,
b
in paragraph (3) after “Eileen Trust” insert “, MFET Limited”.
Amendments to the Housing Benefit Regulations 20068
1
The Housing Benefit Regulations 200662 are amended as follows.
2
In regulation 2(1) (interpretation) at the appropriate places insert the following definitions—
“MFET Limited” means the company limited by guarantee (number 7121661) of that name, established for the purpose in particular of making payments in accordance with arrangements made with the Secretary of State to persons who have acquired HIV as a result of treatment by the NHS with blood or blood products ;
“special account” means an account as defined for the purposes of Chapter 4A of Part 8 of the Jobseeker’s Allowance Regulations or Chapter 5 of Part 10 of the Employment and Support Allowance Regulations;
3
In—
a
regulation 2(1) in the definition of “qualifying person”,
b
regulation 42(7)(a)63 (notional income),
c
regulation 46(6)64 (income treated as capital),
d
regulation 49(4)(a)65 (notional capital),
e
regulation 74(9)(b)66 (non-dependant deductions),
f
regulation 86(4)(a)(ii) (evidence and information),
g
h
Schedule 6 (capital to be disregarded), paragraph 24(1)69 and (7),
after “Eileen Trust” insert “, MFET Limited”.
4
In regulation 42(2)(c)70 for “is aged under 60”, substitute “has not attained the qualifying age for state pension credit”.
5
In—
a
regulation 42(7)(a),
b
regulation 46(6),
c
regulation 49(4)(a),
d
regulation 74(9)(b),
e
regulation 86(4)(a)(ii),
f
Schedule 5, paragraph 35(1) to (5), and
g
Schedule 6, paragraphs 24(1) to (5) and 3471,
after “under” insert “or by”.
6
In regulation 46(7) omit “(as defined for the purposes of Chapter 4A of Part 8 of the Jobseeker’s Allowance Regulations)”.
7
In regulation 56(2A)72 (full-time students to be treated as not liable to make payments in respect of a dwelling) after “begun” insert “, or been enrolled or accepted onto,”.
8
In regulation 74(6)(a) for “of the higher pensioner and disability premiums)”, substitute “for the disability premium)”.
9
In regulation 86(5)73 for “is aged not less than 60”, substitute “has attained the qualifying age for state pension credit”.
10
In Schedule 5—
a
in paragraph 13(1)(a) for “or severe disablement allowance”, substitute “, severe disablement allowance or an employment and support allowance”, and
b
in paragraph 58(2) omit “as defined for the purposes of Chapter 4A of Part 8 of the Jobseeker’s Allowance Regulations”.
11
12
In Schedule 6, paragraph 34 after “the Fund” insert “, MFET Limited”.
Amendments to the Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 20069
1
The Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 200677 are amended as follows.
2
In regulation 2(1) (interpretation) at the appropriate place insert the following definition—
“MFET Limited” means the company limited by guarantee (number 7121661) of that name, established for the purpose in particular of making payments in accordance with arrangements made with the Secretary of State to persons who have acquired HIV as a result of treatment by the NHS with blood or blood products;
3
In—
a
regulation 2(1) in the definition of “qualifying person”,
b
regulation 55(10)(b)78 (non-dependant deductions),
c
regulation 67(4)(a)(ii)79 (evidence and information), and
d
Schedule 6 (capital to be disregarded), paragraph 16(1)(a),
after “Eileen Trust” insert “, MFET Limited”.
4
In regulation 41(4)80 (notional income) for “aged not less than 60”, substitute “who has attained the qualifying age for state pension credit”.
5
In—
a
regulation 55(10)(b),
b
regulation 67(4)(a)(ii), and
c
Schedule 6, paragraph 16(1) to (5),
after “under” insert “or by”.
6
In regulation 67(5) for “is aged not less than 60”, substitute “has attained the qualifying age for state pension credit”.
Amendments to the Council Tax Benefit Regulations 200610
1
The Council Tax Benefit Regulations 200681 are amended as follows.
2
In regulation 2(1) (interpretation) at the appropriate places insert the following definitions—
“MFET Limited” means the company limited by guarantee (number 7121661) of that name, established for the purpose in particular of making payments in accordance with arrangements made with the Secretary of State to persons who have acquired HIV as a result of treatment by the NHS with blood or blood products ;
“special account” means an account as defined for the purposes of Chapter 4A of Part 8 of the Jobseeker’s Allowance Regulations or Chapter 5 of Part 10 of the Employment and Support Allowance Regulations;
3
In—
a
regulation 2(1) in the definition of “qualifying person”,
b
regulation 32(7)(a)82 (notional income),
c
regulation 36(6)83 (income treated as capital),
d
regulation 39(4)(a)84 (notional capital),
e
regulation 58(9)(b)85 (non-dependant deductions),
f
regulation 72(4)(a)(ii) (evidence and information),
g
Schedule 2 (amount of alternative maximum council tax benefit), paragraph 2(b)86,
h
Schedule 4 (sums to be disregarded in the calculation of income other than earnings), paragraph 36(1)87 and (7), and
i
Schedule 5 (capital to be disregarded), paragraph 24(1)88 and (7),
after “Eileen Trust” insert “, MFET Limited”.
4
In regulation 32(2)(c)89 for “is aged under 60” substitute “has not attained the qualifying age for state pension credit”.
5
In—
a
regulation 32(7)(a),
b
regulation 36(6),
c
regulation 39(4)(a),
d
regulation 58(9)(b),
e
regulation 72(4)(a)(ii),
f
Schedule 2, paragraph 2(b),
g
Schedule 4, paragraph 36(1) to (5), and
h
Schedule 5, paragraphs 24(1) to (5) and 3490,
after “under” insert “or by”.
6
In regulation 36(7) omit “(as defined for the purposes of Chapter 4A of Part 8 of the Jobseeker’s Allowance Regulations)”.
7
In regulation 45(3A)91 (students who are excluded from entitlement to council tax benefit) after “begun” insert “, or been enrolled or accepted onto”.
8
In regulation 58(6)(a) for “of the higher pensioner and disability premiums)”, substitute “for the disability premium)”.
9
In regulation 72(5)92 for “is aged not less than 60”, substitute “has attained the qualifying age for state pension credit”.
10
In Schedule 4—
a
in paragraph 14(1)(a) for “or severe disablement allowance”, substitute “, severe disablement allowance or an employment and support allowance”;
b
in paragraph 58(2) omit “as defined for the purposes of Chapter 4A of Part 8 of the Jobseeker’s Allowance Regulations”.
11
12
In Schedule 5, paragraph 34 after “the Fund” insert “, MFET Limited”.
Amendments to the Council Tax Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 200611
1
The Council Tax Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 200696 are amended as follows.
2
In regulation 2(1) (interpretation) at the appropriate place insert the following definition—
“MFET Limited” means the company limited by guarantee (number 7121661) of that name, established for the purpose in particular of making payments in accordance with arrangements made with the Secretary of State to persons who have acquired HIV as a result of treatment by the NHS with blood or blood products;
3
In—
a
regulation 2(1) in the definition of “qualifying person”,
b
regulation 42(9)(b)97 (non-dependant deductions),
c
regulation 57(4)(a) (evidence and information),
d
Schedule 4 (capital disregards), paragraph 16(1)(a), and
e
Schedule 6 (amount of alternative maximum council tax benefit), paragraph 2(b)98,
after “Eileen Trust” insert “, MFET Limited”.
4
In regulation 31(4)99 (notional income), for “aged not less than 60” substitute “who has attained the qualifying age for state pension credit”.
5
In—
a
regulation 42(9)(b),
b
regulation 57(4)(a),
c
Schedule 4 in paragraph 16(1) to (5), and
d
Schedule 6 in paragraph 2(b),
after “under” insert “or by”.
6
In regulation 57(5)100 (evidence and information) for “is aged not less than 60”, substitute “has attained the qualifying age for state pension credit”.
Amendments to the Employment and Support Allowance Regulations 200812
1
The Employment and Support Allowance Regulations 2008101 are amended as follows.
2
In regulation 2(1) (interpretation) at the appropriate place insert the following definition—
“MFET Limited” means the company limited by guarantee (number 7121661) of that name, established for the purpose in particular of making payments in accordance with arrangements made with the Secretary of State to persons who have acquired HIV as a result of treatment by the NHS with blood or blood products;
3
In—
a
regulation 2(1) in the definition of “qualifying person”,
b
regulation 107(5)(a)102 (notional income - income due to be paid or income paid to or in respect of a third party),
c
regulation 112(8)103 (income treated as capital),
d
regulation 115(5)(a)104 (notional capital),
e
Schedule 6 (housing costs), paragraph 19(8)(b)105,
f
Schedule 8 (sums to be disregarded in the calculation of income other than earnings), paragraphs 22(2) and 41(1) and (7)106, and
after “Eileen Trust” insert “, MFET Limited”.
4
In regulation 106 (notional income – deprivation and income on application)—
a
in paragraph (2)(g), for “is aged under 60” substitute “has not attained the qualifying age for state pension credit”,
b
in paragraph (3), for “age of 60” substitute “qualifying age for state pension credit”, and
c
in paragraph (4), for “aged not less than 60” substitute “who has attained the qualifying age for state pension credit”.
5
In—
a
regulation 107(5)(a),
b
regulation 112(8),
c
regulation 115(5)(a),
d
Schedule 6, paragraph 19(8)(b),
e
Schedule 8, paragraph 41(1) to (5), and
f
Schedule 9, paragraph 27(1) to (5),
after “under” insert “or by”.
6
In regulation 115(2)(e), for “is aged under 60” substitute “has not attained the qualifying age for state pension credit”.
Amendment to the Social Security (Recovery of Benefits) (Lump Sum Payments) Regulations 200813
In the Social Security (Recovery of Benefits) (Lump Sum Payments) Regulations 2008112 in regulation 7(2) (exempted trusts and payments), after sub-paragraph (h)113 add—
i
any payment made by MFET Limited, the company limited by guarantee (number 7121661) of that name, established for the purpose in particular of making payments in accordance with arrangements made with the Secretary of State to persons who have acquired HIV as a result of treatment by the NHS with blood or blood products.
Signed by the authority of the Secretary of State for Work and Pensions
(This note is not part of the Regulations)