2015 No. 67
The Social Security (Miscellaneous Amendments) Regulations 2015
Made
Laid before Parliament
Coming into force
The Secretary of State for Work and Pensions makes the following Regulations in exercise of the powers conferred by sections 182C(1) and 189(4) of the Social Security Administration Act 19921 (“the Administration Act”), sections 35(3), 35B(11), 136(3) and (5), 136A, 137(1), 138(2) and (4), 175(1), (3) and (4) of the Social Security Contributions and Benefits Act 19922, sections 12(1) and (4), 35(1) and 36(2) and (4) of the Jobseekers Act 19953, sections 15(3) and (6), 17(1) and 19(1) of the State Pension Credit Act 20024, sections 17(1) and (3), 24(1) and 25, (2) and (3) and (5)(a) of the Welfare Reform Act 20075 and sections 8(3), 40 and 42(1), (2) and (3)(a) of, and paragraph 4(1)(b) and (3)(a) of Schedule 1 to, the Welfare Reform Act 20126.
In accordance with section 173(1)(b) of the Administration Act, the Secretary of State has obtained the agreement of the Social Security Advisory Committee that proposals in respect of these Regulations need not be referred to it.
In respect of provisions in these Regulations relating to housing benefit, in accordance with section 176(1) of the Administration Act7, the Secretary of State has consulted with organisations appearing to him to be representative of the authorities concerned.
Citation and commencement1
These Regulations may be cited as the Social Security (Miscellaneous Amendments) Regulations 2015 and come into force on 23rd February 2015.
Service User amendments2
1
Paragraph (2) amends the following provisions—
a
regulation 2(1B) (interpretation) of the Income Support (General) Regulations 19878;
b
regulation 1(3G) (citation, commencement and interpretation) of the Jobseeker’s Allowance Regulations 19969;
c
regulation 1(3A) (citation, commencement and interpretation) of the State Pension Credit Regulations 200210
d
regulation 2(5) (interpretation) of the Housing Benefit Regulations 200611;
e
regulation 2(6) (interpretation) of the Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 200612;
f
regulation 2(8) (interpretation) of the Employment and Support Allowance Regulations 200813;
g
regulation 53(2) (meaning of other terms relating to earned income) of the Universal Credit Regulations 201314;
h
regulation 3(6) (further interpretation) of the Jobseeker’s Allowance Regulations 201315; and
i
regulation 80(5) (earnings of employed earners) of the Employment and Support Allowance Regulations 201316.
2
Each of the provisions specified in paragraph (1) (which define when a claimant is participating as a service user) are amended as follows—
a
after sub-paragraph (a) insert—
ab
a person who is being consulted by or on behalf of—
i
the Secretary of State in relation to any of the Secretary of State’s functions in the field of social security or child support or under section 2 of the Employment and Training Act 197317; or
ii
a body which conducts research or undertakes monitoring for the purpose of planning or improving such functions,
in their capacity as a person affected or potentially affected by the exercise of those functions or the carer of such a person;
b
in sub-paragraph (b) for “sub-paragraph (a)” substitute “sub-paragraphs (a) or (ab)”.
3
In regulation 3(6) (further interpretation) of the Jobseeker’s Allowance Regulations 2013, before sub-paragraph (a) omit “the person”.
Amendment of the Social Security (Maternity Allowance) Regulations 19873
In regulation 2 of the Social Security (Maternity Allowance) Regulations 198718 (disqualification for the receipt of a maternity allowance) omit paragraphs (5) and (6).
Amendment of the Social Fund Winter Fuel Payment Regulations 20004
In the Social Fund Winter Fuel Payment Regulations 200019—
a
in regulation 1(2) (citation, commencement and interpretation) omit the definition of “Income Support Regulations”;
b
in regulation 2(4), for “(2)(a)(ii)” substitute “(1)(a)(ii)”;
c
in regulation 3(1)(a) (persons not entitled to a social fund winter fuel payment), at the end of paragraph (ii) omit “or” and after paragraph (iii) insert—
iv
in residential care and is a person to whom state pension credit, an income-based jobseeker’s allowance or an income-related employment and support allowance has been, or falls to be, paid in respect of the qualifying week; or
Amendment of the Social Security (Crediting and Treatment of Contributions, and National Insurance Numbers) Regulations 20015
In regulation 9 (application for allocation of national insurance number) of the Social Security (Crediting and Treatment of Contributions, and National Insurance Numbers) Regulations 200120—
a
in paragraph (1), for “paragraph (2)” substitute “paragraphs (2) and (2A)”;
b
after paragraph (2) insert—
2A
The provisions of paragraph (1) shall not apply to a person in respect of whom the Secretary of State or the Commissioners for Her Majesty’s Revenue and Customs are notified that a biometric immigration document is to be issued pursuant to regulation 13 of the Immigration (Biometric Registration) Regulations 200821.
Amendment of the Housing Benefit Regulations 20066
Signed by authority of the Secretary of State for Work and Pensions
(This note is not part of the Regulations)