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The Social Security (Income and Capital Disregards) (Amendment) Regulations 2023
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- UK Statutory Instruments
- 2023 No. 640
- Explanatory Note
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Explanatory Note
(This note is not part of the Regulations)
Regulations 2 to 8 amend respectively the Income Support (General) Regulations 1987 (S.I. 1987/1967), the Jobseeker’s Allowance Regulations 1996 (S.I. 1996/207), the State Pension Credit Regulations 2002 (S.I. 2002/1792), the Housing Benefit Regulations 2006 (S.I. 2006/213), the Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 2006 (S.I. 2006/214), the Employment and Support Allowance Regulations 2008 (S.I. 2008/794), and the Universal Credit Regulations 2013 (S.I. 2013/376).
In particular, they amend as appropriate provisions regarding which payments are to be disregarded as income and capital for the purposes of calculating entitlement to benefits in order to:
expand the existing disregard relating to the fire at Grenfell Tower on 17th June 2017 to cover any payment made to provide compensation or support in respect of the fire,
create a new disregard in relation to payments made by the Secretary of State or the Post Office for the purpose of providing compensation or support in connection with the failings of the Post Office Horizon computer system or otherwise payable following the judgment in Bates and Others v. Post Office Ltd ((No. 3) “Common Issues”) [2019] EWHC 606 (QB), and
create a new disregard in relation to payments made under the Vaccine Damage Payments Act 1979 (c. 17).
Regulations 9 and 10 amend respectively the Social Security (Recovery of Benefits) Regulations 1997 (S.I. 1997/2205) and the Social Security (Recovery of Benefits) (Lump Sum Payments) Regulations 2008 (S.I. 2008/1596) to exempt Grenfell Tower payments and Post Office from the compensation recovery schemes established under the Social Security (Recovery of Benefits) Act 1997 (c. 27).
A full impact assessment has not been produced for this instrument as no, or no significant, impact on the private, voluntary or public sector is foreseen.
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