2018 No. 932
The Social Security (Treatment of Arrears of Benefit) Regulations 2018
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 123(1)(a) and (d), 136(3) and (5)(b), 136A(3), 137(1) and 175(1) and (3) of the Social Security Contributions and Benefits Act 19921, sections 12(1) and (4)(b), 35(1) and 36(2) of the Jobseekers Act 19952, sections 15(3) and (6)(b) and 17(1) of the State Pension Credit Act 20023, sections 17(1) and (3)(b), 24(1) and 25(3) of the Welfare Reform Act 20074 and section 42(1), (2) and (3)(a) of, and paragraph 1(1) of Schedule 6 to, the Welfare Reform Act 20125.
In accordance with section 173(1)(b) of the Social Security Administration Act 19926 (the “1992 Act”), the Social Security Advisory Committee has agreed that proposals in respect of these Regulations should not be referred to it.
In accordance with section 176(1)(a) of the 1992 Act, the Secretary of State has consulted with organisations appearing to her to be representative of the authorities concerned in respect of regulations 5 and 6. Those organisations have agreed that consultation in respect of those regulations need not be undertaken.
Citation and Commencement1
These Regulations may be cited as the Social Security (Treatment of Arrears of Benefit) Regulations 2018 and come into force on 11th September 2018.
Amendment of the Income Support (General) Regulations 19872
In paragraph 7(2) of Schedule 10 to the Income Support (General) Regulations 19877, for paragraph (a) substitute the following—
a
paid in order to rectify, or to compensate for—
i
an official error as defined in regulation 1(3) of the Social Security and Child Support (Decisions and Appeals) Regulations 1999, or
ii
an error on a point of law; and
Amendment of the Jobseeker’s Allowance Regulations 19963
In paragraph 12(2) of Schedule 8 to the Jobseeker’s Allowance Regulations 19968, for paragraph (a) substitute the following—
a
paid in order to rectify, or to compensate for—
i
an official error as defined in regulation 1(3) of the Social Security and Child Support (Decisions and Appeals) Regulations 1999, or
ii
an error on a point of law; and
Amendment of the State Pension Credit Regulations 20024
In paragraph 20A(1) of Schedule 5 to the State Pension Credit Regulations 20029, after “error” insert “or an error on a point of law”.
Amendment of the Housing Benefit Regulations 20065
In paragraph 9(2) of Schedule 6 to the Housing Benefit Regulations 200610, for paragraph (a) substitute the following—
a
paid in order to rectify, or to compensate for—
i
an official error as defined in regulation 1(2) of the Decisions and Appeals Regulations, or
ii
an error on a point of law; and
Amendment of the Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 20066
In paragraph 22(1) of Schedule 6 to the Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 200611, after “error” insert “or an error on a point of law”.
Amendment of the Employment and Support Allowance Regulations 20087
1
The Employment and Support Allowance Regulations 200812 are amended as follows.
2
In paragraph 11(2) of Schedule 9, for paragraph (a) substitute the following—
a
paid in order to rectify, or to compensate for—
i
an official error as defined in regulation 1(3) of the Social Security and Child Support (Decisions and Appeals) Regulations 1999, or
ii
an error on a point of law; and
Amendment of the Universal Credit (Transitional Provisions) Regulations 20148
After regulation 10 of the Universal Credit (Transitional Provisions) Regulations 201413 insert the following—
Arrears of benefit disregarded as capital10A
1
This regulation applies in relation to the calculation of an award of universal credit (the “current award”) where the claimant has received a payment of arrears of benefit, or a payment made to compensate for arrears due to the non-payment of benefit, of £5,000 or more, and the following conditions are met—
a
the payment—
i
is received during the current award; or
ii
was received during an award of an existing benefit or state pension credit (the “earlier award”) and the claimant became entitled to the current award within one month of the date of termination of the earlier award;
b
in the case of a payment falling within sub-paragraph (a)(i), it would be disregarded from the calculation of the claimant’s capital if the claimant were entitled to an existing benefit or state pension credit;
c
in the case of a payment falling within sub-paragraph (a)(ii), it was disregarded from the calculation of the claimant’s capital for the purposes of the earlier award; and
d
the period of entitlement to benefit to which the payment relates commences before the first date on which, by virtue of section 33 of the Act (abolition of benefits), no claimant is entitled to an existing benefit.
2
Where this regulation applies, notwithstanding anything in the Universal Credit Regulations, the payment is to be disregarded from the calculation of the claimant’s capital for 12 months from the date of receipt of the payment, or until the termination of the current award (if later).
Signed by authority of the Secretary of State for Work and Pensions
(This note is not part of the Regulations)