The Social Security (Miscellaneous Provisions) Amendment (No. 2) Regulations 1992

• Citation: S.I. 1992/2595
• Sections: 15

Section 1 Citation, commencement and interpretation

(1) These Regulations may be cited as the Social Security (Miscellaneous Provisions) Amendment (No. 2) Regulations 1992 and shall come into force as follows—

(a) all provisions other than regulation 5 on 16th November 1992;

(b) regulation 5 on 4th January 1993.

(2) In these Regulations—

“the Adjudication Regulations ” means the Social Security (Adjudication) Regula tions 1986 ;

“the Claims and Payments Regulations ” means the Social Security (Claims and Payments) Regulations 1987 ;

“the Hospital In-Patients Regulations ” means the Social Security (Hospital In- Patients) Regulations 1975 ;

“the Housing Benefit Regulations ” means the Housing Benefit (General) Regula tions 1987 ;

“the Persons Abroad Regulations ” means the Social Security Benefit (Persons Abroad) Regulations 1975 ;

“the Statutory Maternity Pay Regulations ” means the Statutory Maternity Pay (General) Regulations 1986 ; and

“the Statutory Sick Pay Regulations ” means the Statutory Sick Pay (General) Regulations 1982 .

Section 2 Amendment of the Claims and Payments Regulations

The Claims and Payments Regulations shall be amended in accordance with this Part of these Regulations, and in this Part a reference to a numbered regulation or Schedule is a reference to the regulation or Schedule in the Claims and Payments Regulations which bears that number.

Section 3 Amendment of regulation 19

In paragraph (2A) of regulation 19 (time for claiming benefit) , for the words “or family credit” there shall be substituted the words “, family credit or disability working allowance”.

Section 4 Amendment of regulation 32

In paragraph (1) of regulation 32 (information to be given when obtaining payment of benefit), after the words “in writing” there shall be inserted the words “(unless the Secretary of State determines in any particular case to accept notice given otherwise than in writing)”.

Section 5 Amendment of regulation 34

In regulation 34 (payment to another person on the beneficiary’s behalf), for the words “another person” there shall be substituted the words “another natural person”.

Section 6 Revocation of regulation 49

Regulation 49 (savings) is hereby revoked.

Section 7 Amendment of Schedule 1

In Part I of Schedule 1 (which deals with benefits which may be treated as claimed in addition or in the alternative to that actually claimed) in the entry relating to income support the words “Supplementary benefit,” shall be omitted.

Section 8 Amendment of Schedule 9

(1) Schedule 9 (deductions from benefit and direct payment to third parties) shall be amended in accordance with the following provisions of this regulation.

(2) In paragraph 1, for the definition of “water charges” there shall be substituted the following definition—

“water charges” means charges for water or sewerage under Chapter I of Part V of the Water Industry Act 1991 ;

(3) In paragraph 3(4)(a) (housing costs), after the words “sums equal to” there shall be inserted the words “or greater than”.

(4) In paragraph 4A (hostel payments) —

(a) in sub-paragraph (2) the words “or his partner” shall be omitted; and

(b) in sub-paragraph (4) for the words “1A and either 5(2) or 5(2A)” there shall be substituted the words “1A, 2, 3 and either 5(1)(b) or 5(2) or 5(2A)”.

(5) In paragraph 5 (service charges for fuel and rent not falling within paragraph 2(1)(a)), after sub-paragraph (6) there shall be added the following sub-paragraph—

(7) Immediately after the discharge of any arrears of rent to which sub-paragraph (1) applies and in respect of which a determination has been made under sub-paragraph (6) the adjudicating authority may, if satisfied that it would be in the interests of the family to do so, direct that an amount, equal to the amount by which the eligible rent is to be reduced by virtue of regulation 10(3) of the Housing Benefit Regulations in respect of charges for water or service charges for fuel or both, shall be deductible.

(6) In paragraph 6(4)(a) (fuel costs), after the words “period of 26 weeks” there shall be inserted the words “or such longer period as may be reasonable in the circumstances of the case”.

(7) In paragraph 7 (water charges) —

(a) in sub-paragraph (2), for the words from “except where” to the end there shall be substituted the words “but only if the authority is satisfied that the beneficiary or his partner has failed to budget for those charges, and that it would be in the interests of the family to make the determination.”; and

(b) in sub-paragraph (4), after the words “a period of 26 weeks” there shall be inserted the words “or such longer period as may be reasonable in the circumstances of the case”.

Section 9 Amendment of regulation 1 of the Persons Abroad Regulations

In paragraph (2) of regulation 1 of the Persons Abroad Regulations (citation, commencement and interpretation), after the definition of “the Child Benefit Act” there shall be inserted the following definition—

“the Contributions and Benefits Act ” means the Social Security Contributions and Benefits Act 1992;

Section 10 Amendment of regulation 9 of the Persons Abroad Regulations

In regulation 9 of the Persons Abroad Regulations (modification of the Act in relation to title to disablement benefit and industrial death benefit), after paragraph (6) there shall be added the following paragraph—

(7) A person shall not be disqualified for receiving retirement allowance under paragraph 13 of Schedule 7 to the Contributions and Benefits Act by reason of being absent from Great Britain.

Section 11 Amendment of regulation 2 of the Hospital In-Patients Regulations

For paragraph (2) of regulation 2 of the Hospital In-Patients Regulations (interpretation) there shall be substituted the following paragraph—

(2) For the purposes of these Regulations, a person shall be regarded as receiving or having received free in-patient treatment for any period for which he is or has been maintained free of charge while undergoing medical or other treatment as an in-patient—

(a) in a hospital or similar institution, under the National Health Service Act 1977 , the National Health Service (Scotland) Act 1978 or the National Health Service and Community Care Act 1990 ; or

(b) in a hospital or similar institution maintained or administered by the Defence Council;

and such a person shall for the purposes of sub-paragraph (a) be regarded as being maintained free of charge in a hospital or similar institution unless his accommoda tion and services are provided under section 65 of the National Health Service Act 1977, section 58 of, or paragraph 14 of Schedule 7A to, the National Health Service (Scotland) Act 1978 or paragraph 14 of Schedule 2 to the National Health Service and Community Care Act 1990.

Section 12 Amendment of regulation 1 of the Statutory Maternity Pay Regulations

In paragraph (2) of regulation 1 of the Statutory Maternity Pay Regulations (citation, commencement and interpretation), after the definition of “the 1986 Act” there shall be inserted the following definition—

“the Contributions and Benefits Act” means the Social Security Contributions and Benefits Act 1992.

Section 13 Amendment of regulation 20 of the Statutory Maternity Pay Regulations

(1) Regulation 20 of the Statutory Maternity Pay Regulations (meaning of “earnings”) shall be amended in accordance with the following provisions of this regulation.

(2) Paragraph (1) shall be omitted.

(3) For paragraph (2) there shall be substituted the following paragraph—

(2) For the purposes of section 171(4) of the Contributions and Benefits Act, the expression “earnings” refers to gross earnings and includes any remuneration or profit derived from a woman’s employment except any payment or amount which is excluded from the computation of a person’s earnings under regulation 19 or 19B of the Social Security (Contributions) Regulations 1979 .

(4) Paragraphs (3), (5) and (6) shall be omitted.

Section 14 Amendment of regulation 1 of the Statutory Sick Pay Regulations

In paragraph (2) of regulation 1 of the Statutory Sick Pay Regulations (citation, commencement and interpretation), after the definition of “the Act” there shall be inserted the following definition—

“the Contributions and Benefits Act” means the Social Security Contributions and Benefits Act 1992;

Section 15 Amendment of regulation 17 of the Statutory Sick Pay Regulations

(1) Regulation 17 of the Statutory Sick Pay Regulations (meaning of “earnings”) shall be amended in accordance with the following provisions of this regulation.

(2) Paragraph (1) shall be omitted.

(3) For paragraph (2) there shall be substituted the following paragraph—

(2) For the purposes of section 163(2) of the Contributions and Benefits Act, the expression “earnings” refers to gross earnings and includes any remuneration or profit derived from a person’s employment except any payment or amount which is excluded from the computation of a person’s earnings under regulation 19 or 19B of the Social Security (Contributions) Regulations 1979.

(4) Paragraphs (2A), (4) and (5) shall be omitted.