2017 No. 870
The Social Security (Infected Blood and Thalidomide) Regulations 2017
Made
Laid before Parliament
Coming into force
The Secretary of State for Work and Pensions, in exercise of the powers conferred by sections 123(1)(a) and (d), 136(3) and (5), 136A(3), 137(1) and 175(1), (3) and (5) of the Social Security Contributions and Benefits Act 1992 1, section 189(4) and (6) of the Social Security Administration Act 19922, sections 12(1) and (4), 35(1) and 36(2) and (4) of the Jobseekers Act 19953, sections 29 and 30(4) of, and paragraph 8 of Schedule 1 to, the Social Security (Recovery of Benefits) Act 19974, sections 2(3)(b), 15(3) and (6)(b) and 17(1) of the State Pension Credit Act 20025 and sections 17(1) and (3), 24(1) and 25(3) and (5) of the Welfare Reform Act 20076 makes the following Regulations.
In accordance with section 173(1)(b) of the Social Security Administration Act 1992, the Social Security Advisory Committee agreed that the proposals in respect of these Regulations should not be referred to it.
In respect of the provisions in these Regulations relating to housing benefit, in accordance with section 176(1) of the Social Security Administration Act 19927, 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 (Infected Blood and Thalidomide) Regulations 2017 and come into force on 23rd October 2017.
Amendments to the Income Support (General) Regulations 19872
1
The Income Support (General) Regulations 19878 are amended as follows.
2
In regulation 2(1) (interpretation)—
a
in the appropriate place insert—
“approved blood scheme” means a scheme established or approved by the Secretary of State, or trust established with funds provided by the Secretary of State, for the purpose of providing compensation in respect of a person having been infected from contaminated blood products;
b
in the definition of “qualifying person”, after “the Scottish Infected Blood Support Scheme” insert “, an approved blood scheme”.
3
In each of the following provisions, after “the Scottish Infected Blood Support Scheme” insert “, an approved blood scheme”—
a
regulation 42(4ZA)(a) (notional income);
b
regulation 48(10)(c) (income treated as capital);
c
regulation 51(3A)(a) (notional capital);
d
paragraph 18(8)(b) of Schedule 3 (housing costs);
e
paragraphs 21(2) and 39(1) and (7) of Schedule 9 (sums to be disregarded in the calculation of income other than earnings);
f
paragraphs 22(1) and (7) and 29 of Schedule 10 (capital to be disregarded).
4
In Schedule 3, after paragraph 18(8)(c) insert—
d
any payment made under or by a trust, established for the purpose of giving relief and assistance to disabled persons whose disabilities were caused by the fact that during their mother’s pregnancy she had taken a preparation containing the drug known as Thalidomide, and which is approved by the Secretary of State.
5
In Schedule 10, after paragraph 72 add—
73
Any payment made under or by a trust, established for the purpose of giving relief and assistance to disabled persons whose disabilities were caused by the fact that during their mother’s pregnancy she had taken a preparation containing the drug known as Thalidomide, and which is approved by the Secretary of State.
Amendments to the Jobseeker’s Allowance Regulations 19963
1
The Jobseeker’s Allowance Regulations 19969 are amended as follows.
2
In regulation 1(3) (citation, commencement, interpretation and application)—
a
in the appropriate place insert—
“approved blood scheme” means a scheme established or approved by the Secretary of State, or trust established with funds provided by the Secretary of State, for the purpose of providing compensation in respect of a person having been infected from contaminated blood products;
b
in the definition of “qualifying person”, after “the Scottish Infected Blood Support Scheme” insert “, an approved blood scheme”.
3
In each of the following provisions, after “the Scottish Infected Blood Support Scheme” insert “, an approved blood scheme”—
a
regulation 105(10A)(a) (notional income);
b
regulation 110(10)(c) (income treated as capital);
c
regulation 113(3A)(a) (notional capital);
d
paragraph 17(8)(b) of Schedule 2 (housing costs);
e
paragraphs 22(2) and 41(1) and (7) of Schedule 7 (sums to be disregarded in the calculation of income other than earnings);
f
paragraphs 27(1) and 31 of Schedule 8 (capital to be disregarded).
4
In Schedule 2, after paragraph 17(8)(c) insert—
d
any payment made under or by a trust, established for the purpose of giving relief and assistance to disabled persons whose disabilities were caused by the fact that during their mother’s pregnancy she had taken a preparation containing the drug known as Thalidomide, and which is approved by the Secretary of State.
5
In Schedule 8, after paragraph 65 add—
66
Any payment made under or by a trust, established for the purpose of giving relief and assistance to disabled persons whose disabilities were caused by the fact that during their mother’s pregnancy she had taken a preparation containing the drug known as Thalidomide, and which is approved by the Secretary of State.
Amendments to the Social Security (Recovery of Benefits) Regulations 19974
In regulation 2(2) of the Social Security (Recovery of Benefits) Regulations 199710 (exempted trusts and payments), after sub-paragraph (n) add—
o
any payment made from a scheme established or approved by the Secretary of State, or trust established with funds provided by the Secretary of State, for the purpose of providing compensation in respect of a person having been infected from contaminated blood products;
p
any payment made under or by a trust, established for the purpose of giving relief and assistance to disabled persons whose disabilities were caused by the fact that during their mother’s pregnancy she had taken a preparation containing the drug known as Thalidomide, and which is approved by the Secretary of State.
Amendments to the State Pension Credit Regulations 20025
1
The State Pension Credit Regulations 200211 are amended as follows.
2
In regulation 1(2) (citation, commencement and interpretation)—
a
in the appropriate place insert—
“approved blood scheme” means a scheme established or approved by the Secretary of State, or trust established with funds provided by the Secretary of State, for the purpose of providing compensation in respect of a person having been infected from contaminated blood products;
b
in the definition of “qualifying person”, after “the Scottish Infected Blood Support Scheme” insert “, an approved blood scheme”.
3
In each of the following provisions, after “the Scottish Infected Blood Support Scheme” insert “, an approved blood scheme”—
a
paragraph 14(8)(b) of Schedule 2 (housing costs);
b
paragraph 15(1) and (7) of Schedule 5 (income from capital).
4
In Schedule 2, after paragraph 14(8)(c) insert—
d
any payment made under or by a trust, established for the purpose of giving relief and assistance to disabled persons whose disabilities were caused by the fact that during their mother’s pregnancy she had taken a preparation containing the drug known as Thalidomide, and which is approved by the Secretary of State.
5
In Part 1 of Schedule 5, after paragraph 23E add—
23F
Any payment made under or by a trust, established for the purpose of giving relief and assistance to disabled persons whose disabilities were caused by the fact that during their mother’s pregnancy she had taken a preparation containing the drug known as Thalidomide, and which is approved by the Secretary of State.
Amendments to the Housing Benefit Regulations 20066
1
The Housing Benefit Regulations 200612 are amended as follows.
2
In regulation 2(1) (interpretation)—
a
in the appropriate place insert—
“approved blood scheme” means a scheme established or approved by the Secretary of State, or trust established with funds provided by the Secretary of State, for the purpose of providing compensation in respect of a person having been infected from contaminated blood products;
b
in the definition of “qualifying person”, after “the Scottish Infected Blood Support Scheme” insert “, an approved blood scheme”.
3
In each of the following provisions, after “the Scottish Infected Blood Support Scheme” insert “, an approved blood scheme”—
a
regulation 42(7)(a) (notional income);
b
regulation 46(6) (income treated as capital);
c
regulation 49(4)(a) (notional capital);
d
regulation 74(9)(b) (non-dependant deductions);
e
paragraph 35(1) and (7) of Schedule 5 (sums to be disregarded in the calculation of income other than earnings);
f
paragraphs 24(1) and (7) and 34 of Schedule 6 (capital to be disregarded).
4
In regulation 74, after sub-paragraph (9)(c) insert—
d
any payment made under or by a trust, established for the purpose of giving relief and assistance to disabled persons whose disabilities were caused by the fact that during their mother’s pregnancy she had taken a preparation containing the drug known as Thalidomide, and which is approved by the Secretary of State.
5
In regulation 86(4)(a)(ii) (evidence and information), omit “, the Scottish Infected Blood Support Scheme”.
6
In Schedule 6, after paragraph 62 add—
63
Any payment made under or by a trust, established for the purpose of giving relief and assistance to disabled persons whose disabilities were caused by the fact that during their mother’s pregnancy she had taken a preparation containing the drug known as Thalidomide, and which is approved by the Secretary of State.
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 credit) Regulations 200613 are amended as follows.
2
In regulation 2(1) (interpretation)—
a
in the appropriate place insert—
“approved blood scheme” means a scheme established or approved by the Secretary of State, or trust established with funds provided by the Secretary of State, for the purpose of providing compensation in respect of a person having been infected from contaminated blood products;
b
in the definition of “qualifying person”, after “the Scottish Infected Blood Support Scheme” insert “, an approved blood scheme”.
3
In each of the following provisions, after “the Scottish Infected Blood Support Scheme” insert “, an approved blood scheme”—
a
regulation 55(10)(b) (non-dependant deductions);
b
paragraph 16(1)(a) of Schedule 6 (capital to be disregarded).
4
In regulation 55, after sub-paragraph (10)(c) insert—
d
any payment made under or by a trust, established for the purpose of giving relief and assistance to disabled persons whose disabilities were caused by the fact that during their mother’s pregnancy she had taken a preparation containing the drug known as Thalidomide, and which is approved by the Secretary of State.
5
In regulation 67(4)(a)(ii) (evidence and information), omit “, the Scottish Infected Blood Support Scheme”.
6
In Part 1 of Schedule 6, after paragraph 26H add—
26I
Any payment made under or by a trust, established for the purpose of giving relief and assistance to disabled persons whose disabilities were caused by the fact that during their mother’s pregnancy she had taken a preparation containing the drug known as Thalidomide, and which is approved by the Secretary of State.
Amendments to the Employment and Support Allowance Regulations 20088
1
The Employment and Support Allowance Regulations 200814 are amended as follows.
2
In regulation 2(1) (interpretation)—
a
in the appropriate place insert—
“approved blood scheme” means a scheme established or approved by the Secretary of State, or trust established with funds provided by the Secretary of State, for the purpose of providing compensation in respect of a person having been infected from contaminated blood products;
b
in the definition of “qualifying person”, after “the Scottish Infected Blood Support Scheme” insert “, an approved blood scheme”.
3
In each of the following provisions, after “the Scottish Infected Blood Support Scheme” insert “, an approved blood scheme”—
a
regulation 107(5)(a) (notional income – income due to be paid or income paid to or in respect of a third party);
b
regulation 112(8) (income treated as capital);
c
regulation 115(5)(a) (notional capital);
d
paragraph 19(8)(b) of Schedule 6 (housing costs);
e
paragraphs 22(2) and 41(1) and (7) of Schedule 8 (sums to be disregarded in the calculation of income other than earnings);
f
paragraphs 27(1) and (7) and 31 of Schedule 9 (capital to be disregarded).
4
In Schedule 6, after paragraph 19(8)(c) add—
d
any payment made under or by a trust, established for the purpose of giving relief and assistance to disabled persons whose disabilities were caused by the fact that during their mother’s pregnancy she had taken a preparation containing the drug known as Thalidomide, and which is approved by the Secretary of State.
5
In Schedule 9, after paragraph 60 add—
61
Any payment made under or by a trust, established for the purpose of giving relief and assistance to disabled persons whose disabilities were caused by the fact that during their mother’s pregnancy she had taken a preparation containing the drug known as Thalidomide, and which is approved by the Secretary of State.
Amendments to the Social Security (Recovery of Benefits) (Lump Sum Payments) Regulations 20089
In regulation 7(2) of the Social Security (Recovery of Benefits) (Lump Sum Payments) Regulations 200815 (exempted trusts and payments), after sub-paragraph (k) add—
l
any payment made from a scheme established or approved by the Secretary of State or trust established with funds provided by the Secretary of State for the purpose of providing compensation in respect of a person having been infected from contaminated blood products;
m
any payment made under or by a trust, established for the purpose of giving relief and assistance to disabled persons whose disabilities were caused by the fact that during their mother’s pregnancy she had taken a preparation containing the drug known as Thalidomide, and which is approved by the Secretary of State.
Signed by authority of the Secretary of State for Work and Pensions
(This note is not part of the Regulations)