The Social Security (Back to Work Bonus and Lone Parent Run-on) (Amendment and Revocation) Regulations 2003

• Citation: S.I. 2003/1589
• Sections: 10

Section 1 Citation commencement and interpretation

(1) These Regulations may be cited as the Social Security (Back to Work Bonus and Lone Parent Run-on) (Amendment and Revocation) Regulations 2003 and shall come into force on 25th October 2004 with the exception of regulation 6 which shall come into force on 29th January 2005 and regulation 9 which shall come into force on 28 th January 2006.

(2) In these Regulations–

(a) “ the Back to Work Bonus Regulations ” means the Social Security (Back to Work Bonus) ( No. 2) Regulations 1996 ;

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

(c) “ the Council Tax Benefit Regulations ” means the Council Tax Benefit (General) Regulations 1992 ;

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

(e) “ the Housing Benefit Supply of Information Regulations ” means the Housing Benefit (Supply of Information) Regulations 1988 ;

(f) “ the Income Support Regulations ” means the Income Support (General) Regulations 1987 .

Section 2 Amendment of the Income Support Regulations

In the Income Support Regulations–

(a) in regulation 6 (persons not treated as engaged in remunerative work)—

(i) omit paragraphs (2), (3) and (6)(b);

(ii) after sub-paragraph (a) omit the word “; or”; and

(iii) in paragraph (7) omit “(2)(b) or” and “(3) or”;

(b) in regulation 36(2) (calculation of net earnings or employed earners) for the words “, 15A or 15B” there shall be substituted “ or 15A ” ;

(c) in regulation 38(2) (calculation of net profit of self-employed earners), omit “or 15B”;

(d) omit sub-paragraph (7) of paragraph 12 of Schedule 2 (applicable amounts), paragraph 15B of Schedule 8 (sums to be disregarded in the calculation of income), paragraph 70 of Schedule 9 (sums to be disregarded in the calculation of income other than earnings) and paragraph 57 of Schedule 10 (capital to be disregarded) .

Section 3 Amendment of the Housing Benefit Regulations

In the Housing Benefit Regulations–

(a) in regulation 62A (extended payments) —

(i) in paragraph (1) omit “other than a case to which paragraph (1A) applies”;

(ii) omit paragraph (1A);

(iii) in paragraph (1B) omit “or (1A)”;

(iv) omit paragraph (5)(a)(i) and in paragraph (5)(a)(ii) omit “(ii)in any other case—” and renumber sub-head (aa) as head (i) and sub-head (bb) as head (ii);

(b) in paragraph (14)(c) of regulation 72 (time and manner in which claims are to be made) omit “has certified the matters specified in regulation 62A(1A)(b) to be the relevant authority or”;

(c) in regulation 76 (who is to make a decision) —

(i) in paragraph (4) omit “and subject to paragraph (5),”; and

(ii) omit paragraph (5);

(d) in Schedule 5A (extended payments of housing benefit)—

(i) paragraph 12(1) shall be renumbered paragraph 12 and in that renumbered paragraph–

(aa) in the definition of “claimant” omit “, subject to sub-paragraph (2),”;

(bb) in the definition of “the relevant benefit period” omit “or, as the case may be, (1A)(a)”; and

(ii) omit paragraph 12(2).

Section 4 Amendment of the Council Tax Benefit Regulations

In the Council Tax Benefit Regulations–

(a) in regulation 53A (extended payments)—

(i) in paragraph (1) omit “other than a case to which paragraph (1A) applies”;

(ii) omit paragraph (1A);

(iii) in paragraph (1B) omit “or (1A)”;

(iv) omit paragraph (5)(a)(i) and in paragraph (5)(a)(ii) omit “(ii) in any other case–” and renumber sub-head (aa) as head (i) and sub-head (bb) as head (ii);

(b) in paragraph (15)(c) of regulation 62 (time and manner in which claims are to be made) omit “has certified the matters specified in regulation 53A(1A)(b) to the relevant authority or”;

(c) in regulation 66 (who is to make a decision)—

(i) in paragraph (4) omit “and subject to paragraph (5)”; and

(ii) omit paragraph (5);

(d) in regulation 95(3) (information to be supplied by an authority to another authority) omit sub-paragraph (aa);

(e) in Schedule 5A(extended payments of council tax benefit) —

(i) paragraph 8(1) shall be renumbered paragraph 8 and in that renumbered paragraph–

(aa) in the definition of “claimant” omit “, subject to sub-paragraph (2),”;

(bb) in the definition of “the relevant benefit period” omit “or as the case may be, (1A)(a)”; and

(ii) omit paragraph 8(2).

Section 5 Amendment of the Social Security Claims and Payment Regulations

In regulation 3 of the Social Security Claims and Payments Regulations , (claims not required for entitlement to benefit in certain cases)–

(a) in paragraph (h)(i) omit “ 6(2) or”; and

(b) in paragraph (h)(iii) omit “ regulation 6(3) or, as the case may be,”.

Section 6 Amendment of the Social Fund(Recovery by Deductions from Benefits) Regulations 1988

In the Social Fund (Recovery by Deductions from Benefits) Regulations 1988 —

(a) in regulation 3(a) (benefits from which an award may be recovered) omit “, other than a back to work bonus payable by way of income support or jobseeker’s allowance in pursuance of section 26 of the Jobseekers Act 1995”;

(b) in regulation 3(c) omit “ other than a back to work bonus payable by way of income support or jobseeker’s allowance in pursuance of Section 26 of the Jobseekers Act 1995”.

Section 7 Revocation of provisions in the Housing Benefit Supply of Information Regulations

Paragraph (3)(aa) of regulation 5 (information to be supplied by an authority to another authority) of the Housing Benefit Supply of Information Regulations is revoked.

Section 8 Revocation of the Back to Work Bonus Regulations

Subject to regulation 10 of these Regulations, the Back to Work Bonus Regulations are revoked.

Section 9 Revocation of provisions relating to the Back to Work Bonus Regulations

(1) In the Council Tax Benefit Regulations, paragraph 49 of Schedule 5 (capital to be disregarded) is revoked.

(2) In the Housing Benefit Regulations, paragraph 49 of Schedule 5 (capital to be disregarded) is revoked.

Section 10 Transitional provisions

(1) Subject to paragraph (2), the Back to Work Bonus Regulations shall continue to have effect as if regulation 8 of these Regulations had not been made, in relation to a person who—

(a) satisfies the requirements of regulation 6 (waiting period) of the Back to Work Bonus Regulations on 24th October 2004; and either

(b) satisfies regulation 7 (requirements for a bonus) or regulation 17 (persons attaining pensionable age) of the Back to Work Bonus Regulations on 24th October 2004 but whose claim for a bonus had not been determined on or before that date; or

(c) satisfies the conditions contained in regulation 7 or regulation 17 of the Back to Work Bonus Regulations on any day during the period from 25th October 2004 to 28th January 2005; or

(d) satisfies the conditions contained in regulation 7 or 17 on or before 28th January 2005 other than the requirement to make a claim within—

(i) for a person who satisfies the conditions in regulation 7(2), the period specified in regulation 7(2)(c);

(ii) for a person who satisfies the conditions in regulation 7(3), the period specified in regulation 7(3)(d);

(iii) for a person who satisfies the conditions in regulation 7(4), the period specified in regulation 7(4)(c);

(iv) for a person who satisfies the conditions in regulation 7(5), the period specified in regulation 7(5)(e); and

(v) for a person who satisfies the conditions in regulation 17, the period specified in regulation 17(5)

but who satisfies the requirements set out in regulation 23(6) of the Back to Work Bonus Regulations.

(2) For the purposes of paragraph (1), in regulation 1 (citation, commencement and interpretation) of the Back to Work Bonus Regulations–

(a) for the definition of “bonus period” substitute–

“ bonus period ” means a period beginning on the first day of entitlement to a qualifying benefit (provided that that day is not after 24th October 2004) in a period of entitlement to a qualifying benefit which falls after the waiting period and which ends on the last day of that period of entitlement or on 24th October 2004 whichever of these two dates is the earlier;

(b) for the definition of “waiting period” substitute–

“ waiting period ” means the period of 91 consecutive days to which regulation 6 refers, provided that none of those days falls after 24th October 2004;

(3) For paragraph (3) in regulation 17 substitute—

(3) In the case of a person who is entitled to a bonus in accordance with paragraph (1)—

(a) the bonus period and the period of entitlement to a qualifying benefit shall end on the date he attained the age of 60, or as the case may be, pensionable age, whichever is the later, provided that that date is not after 24th October 2004;

(b) where that date would be after 24th October 2004 the bonus period and period of entitlement to a qualifying benefit shall be treated as ending on 24th October 2004.