The Social Security (Miscellaneous Amendments) Regulations 1998

• Citation: S.I. 1998/563
• Sections: 19

Section 1 Citation, commencement and interpretation

(1) These Regulations may be cited as the Social Security (Miscellaneous Amendments) Regulations 1998 and this regulation and regulation 16 shall come into force on 1st April 1998.

(2) Except in the case of regulation 16, in so far as they amend provisions relating to income support or jobseeker’s allowance, these Regulations shall come into force on 6th April 1998 and in relation to a claimant for either income support or jobseeker’s allowance, these Regulations shall have effect from the first day of the first benefit week to commence for that claimant on or after that date and, in a case to which regulation 8(2)(c) and (3) applies, immediately after article 18(8) of, and Schedule 7 to, the Social Security Benefits Up-rating Order 1998 come into force.

(3) In paragraph (2) above, the expressions “benefit week" and “claimant" with respect to income support shall have the same meaning as in regulation 2(1) of the Income Support Regulations and with respect to jobseeker’s allowance “benefit week" shall have the same meaning as in regulation 1(3) of the Jobseeker’s Allowance Regulations .

(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5) In so far as these Regulations amend provisions relating to disability working allowance or family credit, they shall come into force on 7th April 1998 and, in relation to any particular claimant for either of those benefits, these Regulations shall have effect where a claimant has an award of disability working allowance or family credit which is current on 7th April 1998, on the day following the expiration of that award.

(6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(7) In these Regulations—

“the Child Maintenance Bonus Regulations" means the Social Security (Child Maintenance Bonus) Regulations 1996 ;

...

“the Disability Working Allowance Regulations" means the Disability Working Allowance (General) Regulations 1991 ;

“the Family Credit Regulations" means the Family Credit (General) Regulations 1987 ;

...

“the Income Support Regulations" means the Income Support (General) Regulations 1987 ;

“the Jobseeker’s Allowance Regulations" means the Jobseeker’s Allowance Regulations 1996 .

Section 2 Amendments to the Child Maintenance Bonus Regulations

(1) The Child Maintenance Bonus Regulations shall be amended in accordance with the following paragraphs.

(2) In regulation 1(2) (interpretation) for the definition of “child maintenance" there shall be substituted the following definition—

“child maintenance" means maintenance in any of the following forms—

(a) child support maintenance paid or payable;

(b) maintenance paid or payable by an absent parent to a person with care of a qualifying child, under an agreement (whether enforceable or not) between them, or by virtue of an order of a court; or

(c) maintenance deducted from any benefit payable to an absent parent who is liable to maintain a qualifying child,

which, as the case may be, is paid, payable or deducted on or after 1st April 1998, but does not include any maintenance paid or payable in respect of a former partner.

(3) In regulation 3(1) (entitlement to a bonus) for sub-paragraph (f) there shall be substituted the following sub-paragraph—

(f) the work condition is satisfied within the period of—

(i) in a case where an applicant with care cares for one child only and that child dies, 12 months immediately following the date of death;

(ii) in a case where the absent parent has—

(aa) died;

(bb) ceased to be habitually resident in the United Kingdom; or

(cc) has been found not to be the parent of the qualifying child or children,

12 weeks immediately following the first date on which any of those events occurs;

(iii) in any other case, 14 days immediately following the day on which the bonus period applying to the applicant comes to an end.

(4) In regulation 4(1) (bonus period) for head (i) of sub-paragraph (c) there shall be substituted the following head—

(i) paid or payable to the applicant; or

(5) In regulation 10(1) (claiming a bonus)—

(a) in sub-paragraph (b), the words “(c) or" shall be omitted; and

(b) sub-paragraph (c) shall be omitted.

Section 3 Common amendments: Deductions from income support

(1) In regulation 1(2) (citation, commencement and interpretation) of each of the Regulations specified in paragraph (2) below, the following definitions shall be inserted in the appropriate places—

“contribution-based jobseeker’s allowance", except in a case to which paragraph (b) of the definition of income-based jobseeker’s allowance applies, means a contribution-based jobseeker’s allowance under Part I of the Jobseekers Act 1995 , but does not include any back to work bonus under section 26 of the Jobseekers Act which is paid as jobseeker’s allowance;

“income-based jobseeker’s allowance" means—

(a) an income-based jobseeker’s allowance under Part I of the Jobseekers Act 1995; and

(b) in a case where, if there was no entitlement to contribution-based jobseeker’s allowance, there would be entitlement to income-based jobseeker’s allowance at the same rate, contribution-based jobseeker’s allowance,

but does not include any back to work bonus under section 26 of the Jobseekers Act which is paid as jobseeker’s allowance;

(2) The Regulations specified in this paragraph are—

(a) the Community Charges (Deductions from Income Support)(No.2) Regulations 1990 ;

(b) the Community Charges (Deductions from Income Support)(Scotland) Regulations 1989 ;

(c) the Council Tax (Deductions from Income Support) Regulations 1993 ; and

(d) the Fines (Deductions from Income Support) Regulations 1992 .

Section 4 Common amendments: Disregard of contribution

(1) In each of the regulations specified in paragraph (2) below (students) in the definition of “contribution" , after the words “in respect of the income" there shall be inserted the words “ of a student or ” .

(2) The regulations specified in this paragraph are—

(a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b) regulation 41 of the Disability Working Allowance Regulations;

(c) regulation 37 of the Family Credit Regulations;

(d) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(e) regulation 61 of the Income Support Regulations; and

(f) regulation 130 of the Jobseeker’s Allowance Regulations.

(3) In each of the Regulations specified in paragraph (4) below, the following regulation shall be inserted and numbered in accordance with that paragraph—

Further disregard of student’s income

Where any part of a student’s income has already been taken into account for the purposes of assessing his entitlement to a grant, the amount taken into account shall be disregarded in assessing that student’s income.

(4) The Regulations and regulation numbers specified in this paragraph are—

(a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b) regulation 48A of the Disability Working Allowance Regulations;

(c) regulation 43A of the Family Credit Regulations;

(d) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(e) regulation 67A of the Income Support Regulations; and

(f) regulation 137A of the Jobseeker’s Allowance Regulations.

Section 5 Common amendments: Interpretation

(1) In each of the regulations specified in paragraph (2) below (interpretation) there shall be inserted the following definition in the appropriate place—

“the Children Order" means the Children (Northern Ireland) Order 1995 ;

(2) The regulations specified in this paragraph are—

(a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b) regulation 2(1) of the Disability Working Allowance Regulations;

(c) regulation 2(1) of the Family Credit Regulations;

(d) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(e) regulation 2(1) of the Income Support Regulations; and

(f) regulation 1(3) of the Jobseeker’s Allowance Regulations.

Section 6 Common amendments: Notional income

(1) In each of the regulations specified in paragraph (2) below (notional income), the word “or" and the following sub-paragraph shall be added bearing the specified letter—

rehabilitation allowance made under section 2 of the Employment and Training Act 1973 .

(2) The regulations specified in this paragraph are—

(a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b) regulation 29(2)(e) of the Disability Working Allowance Regulations ;

(c) regulation 26(2)(e) of the Family Credit Regulations ;

(d) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(e) regulation 42(2)(j) of the Income Support Regulations ; and

(f) regulation 105(2)(i) of the Jobseeker’s Allowance Regulations .

Section 7 Common amendments: Disregard of income other than earnings

(1) In each of the paragraphs of the Schedules to the Regulations specified in paragraph (2) below (sums to be disregarded in the calculation of income other than earnings) the following head shall be added bearing the specified letter—

which is a payment made by an authority, as defined in Article 2 of the Children Order, in pursuance of Article 15 of, and paragraph 17 of Schedule 1 to, that Order (contribution by an authority to child’s maintenance);

(2) The paragraphs of the Schedules specified in this paragraph and the specified head in those paragraphs are—

(a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b) head (c) of paragraph 22(1) of Schedule 3 to the Disability Working Allowance Regulations;

(c) head (c) of paragraph 22(1) of Schedule 2 to the Family Credit Regulations ;

(d) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(e) head (d) of paragraph 26(1) of Schedule 7 to the Jobseeker’s Allowance Regulations.

(3) For each of the paragraphs of the Schedules to the Regulations specified in paragraph (4) below (sums to be disregarded in the calculation of income other than earnings), there shall be substituted the following paragraph—

Any payment made to the claimant or his partner for a person (“the person concerned"), who is not normally a member of the claimant’s household but is temporarily in his care, by—

(a) a health authority;

(b) a local authority;

(c) a voluntary organisation; or

(d) the person concerned pursuant to section 26(3A) of the National Assistance Act 1948 .

(4) The paragraphs of the Schedules to the Regulations specified in this paragraph are—

(a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b) paragraph 24 of Schedule 3 to the Disability Working Allowance Regulations;

(c) paragraph 24 of Schedule 2 to the Family Credit Regulations;

(d) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(e) paragraph 27 of Schedule 9 to the Income Support Regulations; and

(f) paragraph 28 of Schedule 7 to the Jobseeker’s Allowance Regulations.

(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Section 8 Council Tax Benefit, Housing Benefit, Income Support and Jobseeker’s Allowance: Amendments with respect to persons in detention

(1) For the words referred to in each of the provisions specified in paragraph (2) below there shall be substituted the words “ who is detained in hospital under the provisions of the Mental Health Act 1983 , or, in Scotland, under the provisions of the Mental Health (Scotland) Act 1984 or the Criminal Procedure (Scotland) Act 1995 , ” .

(2) The words referred to and the provisions specified in this paragraph are—

(a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(c) in the Income Support Regulations—

(i) in regulation 21(3) (special cases) in the definition of “prisoner" , the words from “whose detention is" to the end of the definition;

(ii) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(d) in the Jobseeker’s Allowance Regulations in regulation 85(4) (special cases) in the definition of “prisoner" the words from “whose detention is" to “1984".

(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Section 9 Housing Benefit: Maximum rent

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Section 10 Housing Benefit: Requirement to refer to rent officers

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Section 11 Housing Benefit: Excluded tenancies

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Section 12 Income Support and Jobseeker’s Allowance: Treatment of grant awards for former students

In regulation 29(2B) of the Income Support Regulations and regulation 94(2B) of the Jobseeker’s Allowance Regulations (calculation of earnings derived from employed earner’s employment and income other than earnings) after sub-paragraph (a) the following sub-paragraph shall be inserted—

(aa) where the grant is paid in instalments, on the day before the next instalment would have been paid had the claimant remained a student; or

Section 13 Income Support and Jobseeker’s Allowance: Calculation of notional income and income other than earnings

(1) The Income Support Regulations shall be amended in accordance with the following sub-paragraphs—

(a) in regulation 40(1) (calculation of income other than earnings) for the words “paragraphs (2) to (3A) " there shall be substituted the words “ aparagraphs (2) to (3B) ” ;

(b) in regulation 42(7)(notional income) for the words “paragraphs (1) to (4)" there shall be substituted the words “ paragraphs (1) to (4A) ” ;

(c) in Schedule 9 (sums to be disregarded in the calculation of income other than earnings) at the end there shall be added the following paragraph—

(64) Any payment made with respect to a person on account of the provision of after-care under section 117 of the Mental Health Act 1983 or section 8 of the Mental Health (Scotland) Act 1984 or the provision of accommodation or welfare services to which Parts III and IV of the National Health Service and Community Care Act 1990 refer, which falls to be treated as notional income under paragraph (4A) of regulation 42 above (payments made in respect of a person in a residential care or nursing home).

(2) In Schedule 7 to the Jobseeker’s Allowance Regulations (sums to be disregarded in the calculation of income other than earnings) at the end there shall be added the following paragraph—

(63) Any payment which falls to be treated as notional income made under paragraph (11) of regulation 105 above (payments made in respect of a person in a residential care or nursing home).

Section 14 Income Support and Jobseeker’s Allowance: Income treated as capital

(1) For regulation 48(8) of the Income Support Regulations (income treated as capital), as it has effect in England and Wales and as it has effect in Scotland , there shall be substituted the following paragraphs—

(8) Any payment made by a local authority, which represents arrears of payments under—

(a) paragraph 15 of Schedule 1 to the Children Act 1989 (power of a local authority to make contributions to a person with whom a child lives as a result of a residence order); or

(b) section 34(6) or as the case may be, section 50 of the Children Act 1975 (payments towards maintenance for children),

shall be treated as capital.

(8A) Any payment made by an authority, as defined in Article 2 of the Children Order which represents arrears of payments under Article 15 of, and paragraph 17 of Schedule 1 to, that Order (contribution by an authority to child’s maintenance), shall be treated as capital.

(2) In regulation 110(8) of the Jobseeker’s Allowance Regulations (income treated as capital), after the words “maintenance of a child)" there shall be inserted the words “ or any payment, made by an authority, as defined in Article 2 of the Children Order, which represents arrears of payments under Article 15 of, and paragraph 17 of Schedule 1 to, that Order (contribution by an authority to child’s maintenance), ” .

Section 15 Income Support: Disregard of income other than earnings

(1) Paragraph 7 of Schedule 9 to the Income Regulations (sums to be disregarded in the calculation of income other than earnings) shall be amended in accordance with the following paragraphs—

(a) in sub-paragraph (a) for the words “, 9 or 9A" there shall be substituted the words “ zor 9 ” ;

(b) in sub-paragraph (b) at the end there shall be added the words “or jobseeker’s allowance".

(2) For head (b) of paragraph 25(1) of Schedule 9 to the Income Support Regulations (sums to be disregarded in the calculation of income other than earnings) as it has effect in England and Wales and as it has effect in Scotland the following heads shall be substituted—

(b) which is a payment made by a local authority in pursuance of section 34(6) or, as the case may be, section 50 of the Children Act 1975 (contributions towards the cost of the accommodation and maintenance of a child);

(c) which is a payment made by a local authority in pursuance of section 15(1) of, and paragraph 15 of Schedule 1 to, the Children Act 1989 (local authority contribution to a child’s maintenance where the child is living with a person as a result of a residence order);

(d) which is a payment made by an authority, as defined in Article 2 of the Children Order, in pursuance of Article 15 of, and paragraph 17 of Schedule 1 to, that Order (contribution by an authority to child’s maintenance);

Section 16 Jobseeker’s Allowance: Periods of interruption of employment

(1) Regulation 47A of the Jobseeker’s Allowance Regulations (jobseeking periods: periods of interruption of employment) shall be renumbered as regulation 47A(1) and in sub-paragraph (za) of that paragraph the words “and is still current on 1st December 1997" shall be omitted.

(2) After the renumbered paragraph (1) the following paragraph shall be added—

(2) In paragraph (1) “period of interruption of employment" in relation to a period prior to 7th October 1996 has the same meaning as it had in the Benefits Act by virtue of section 25A of that Act (determination of days for which unemployment benefit is payable) as in force on 6th October 1996.

Section 17 Amendment of the Housing Benefit (General) Amendment Regulations 1995: Savings

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Section 18 Common amendments with respect to persons from abroad

(1) In each of the regulations specified in paragraph (2) below (conditions affecting the entitlement of a person from abroad to the relevant benefits), for the words “to remain in the United Kingdom by the Secretary of State" there shall be substituted the words—

(i) to enter the United Kingdom by an immigration officer appointed for the purposes of the Immigration Act 1971 ; or

(ii) to remain in the United Kingdom by the Secretary of State

(2) The regulations specified in this paragraph are—

(a) regulation 14B(b) of the Child Benefit (General) Regulations 1976 ;

(b) regulation 5(1A)(b) of the Disability Working Allowance Regulations ;

(c) regulation 3(1A)(b) of the Family Credit Regulations ;

(d) regulation 2(1A)(b) of the Social Security (Attendance Allowance) Regulations 1991 ;

(e) regulation 2(1A)(b) of the Social Security (Disability Living Allowance) Regulations 1991 ;

(f) regulation 9(1A)(b) of the Social Security (Invalid Care Allowance) Regulations 1976 ; and

(g) regulation 3(1B)(b) of the Social Security (Severe Disablement Allowance) Regulations 1984 .

(3) In each of the regulations specified in paragraph (4) below (conditions affecting the entitlement of a person from abroad to the relevant benefits) after the words “exceptional leave"there shall be inserted the words “ to enter the United Kingdom by an immigration officer within the meaning of the Immigration Act 1971, or ” .

(4) The regulations specified in this paragraph are—

(a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(c) regulation 21(3) of the Income Support Regulations in sub-paragraph (c) of the second definition of “person from abroad"; and

(d) regulation 85(4) of the Jobseeker’s Allowance Regulations in sub-paragraph (c) of the second definition of “person from abroad".

Section 19 Further amendments of the Income Support Regulations and the Jobseeker’s Allowance Regulations

(1) In regulation 72 of the Income Support Regulations (assessment of income and capital in urgent cases)—

(a) for sub-paragraph (a) of paragraph (1) there shall be substituted the following sub-paragraph—

(a) any income other than—

(i) a payment of income or income in kind made under the Macfarlane Trust, the Macfarlane (Special Payments) Trust, the Macfarlane (Special Payments) (No.2) Trust, the Fund, the Eileen Trust or the Independent Living Funds; or

(ii) income to which paragraph 5, 7 (but only to the extent that a concessionary payment would be due under that paragraph for any non-payment of income support under regulation 70 of these Regulations or of jobseeker’s allowance under regulation 147 of the Jobseeker’s Allowance Regulations 1996 (urgent cases)), 31, 39(2), (3) or (4), 40, 42, 52 or 57 of Schedule 9 (disregard of income other than earnings) applies,

possessed or treated as possessed by him, shall be taken into account in full notwithstanding any provision in that Part disregarding the whole or any part of that income;

(b) in paragraph (2) after the words “Housing Benefits Act 1982" there shall be inserted the words “ or any arrears of benefit due under regulation 70 of these Regulations or regulation 147 of the Jobseeker’s Allowance Regulations 1996 (urgent cases) ” .

(2) In regulation 149 of the Jobseeker’s Allowance Regulations (assessment of income and capital in urgent cases)—

(a) for sub-paragraph (a) of paragraph (1) there shall be substituted the following sub-paragraph—

(a) any income other than—

(i) a payment of income or income in kind made under the Macfarlane Trust, the Macfarlane (Special Payments) Trust, the Macfarlane (Special Payments) (No.2) Trust, the Fund, the Eileen Trust or the Independent Living Funds; or

(ii) income to which paragraph 6, 8 (but only to the extent that a concessionary payment would be due under that paragraph for any non-payment of jobseeker’s allowance under regulation 147 of these Regulations or of income support under regulation 70 of the Income Support Regulations (urgent cases)), 33, 41(2), (3) or (4) or 42 of Schedule 7 (disregard of income other than earnings) applies,

possessed or treated as possessed by him, shall be taken into account in full notwithstanding any provision in that Part disregarding the whole or any part of that income;

(b) in paragraph (2) after the words “Housing Benefits Act 1982" there shall be inserted the words “ or any arrears of benefit due under regulation 147 of these Regulations or regulation 70 of the Income Support Regulations (urgent cases) ” .