The Social Security (Miscellaneous Amendments) Regulations 2003

• Citation: S.I. 2003/511
• Sections: 5

Section 1 Citation and commencement

These Regulations may be cited as the Social Security (Miscellaneous Amendments) Regulations 2003 and shall come into force on 1 st April 2003.

Section 2 Amendment of the Income Support (General) Regulations 1987

(1) The Income Support (General) Regulations 1987 shall be amended in accordance with the following provisions of this regulation.

(2) In Schedule 9 (sums to be disregarded in the calculation of income other than earnings) after paragraph 75 the following paragraph shall be added–

(76)

(1) Any payment made by a local authority to or on behalf of the claimant or his partner relating to–

(a) welfare services within the meaning of section 93(1) or (2) of the Local Government Act 2000 ;

(b) housing support services in respect of which the Scottish Ministers have paid a grant to the local authority under section 91(1) of the Housing (Scotland) Act 2001 ,

where the claimant or his partner qualified for that payment.

(2) For the purposes of sub-paragraph (1) “ local authority ” includes, in England, a county council.

(3) In Schedule 10 (capital to be disregarded)–

(a) in paragraph 25 at the end there shall be added the words “ or, where that dwelling is occupied as the home by the former partner who is a lone parent, for as long as it is so occupied ” ;

(b) after paragraph 65 the following paragraph shall be added–

(66)

(1) Any payment made by a local authority to or on behalf of the claimant or his partner relating to–

(a) welfare services within the meaning of section 93(1) or (2) of the Local Government Act 2000;

(b) housing support services in respect of which the Scottish Ministers have paid a grant to the local authority under section 91(1) of the Housing (Scotland) Act 2001,

where the claimant or his partner qualified for that payment.

(2) For the purposes of sub-paragraph (1) “ local authority ” includes, in England, a county council.

Section 3 Amendment of the Jobseeker’s Allowance Regulations 1996

(1) The Jobseeker’s Allowance Regulations 1996 shall be amended in accordance with the following provisions of this regulation.

(2) In Schedule 7 (sums to be disregarded in the calculation of income other than earnings) after paragraph 71 the following paragraph shall be added–

(72)

(1) Any payment made by a local authority to or on behalf of the claimant or his partner relating to–

(a) welfare services within the meaning of section 93(1) or (2) of the Local Government Act 2000;

(b) housing support services in respect of which the Scottish Ministers have paid a grant to the local authority under section 91(1) of the Housing (Scotland) Act 2001,

where the claimant or his partner qualified for that payment.

(2) For the purposes of sub-paragraph (1) “ local authority ” means–

(a) in relation to England, a county council, a district council, a London borough council, the Common Council of the City of London or the Council of the Isles of Scilly;

(b) in relation to Wales, a county council or a county borough council;

(c) in relation to Scotland, a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994 .

(3) In Schedule 8 (capital to be disregarded)–

(a) in paragraph 5 at the end there shall be added the words “ or, where that dwelling is occupied as the home by the former partner who is a lone parent, for as long as it is so occupied ” ;

(b) after paragraph 58 the following paragraph shall be added–

(59)

(1) Any payment made by a local authority to or on behalf of the claimant or his partner relating to–

(a) welfare services within the meaning of section 93(1) or (2) of the Local Government Act 2000;

(b) housing support services in respect of which the Scottish Ministers have paid a grant to the local authority under section 91(1) of the Housing (Scotland) Act 2001,

where the claimant or his partner qualified for that payment.

(2) For the purposes of sub-paragraph (1) “ local authority ” means–

(a) in relation to England, a county council, a district council, a London borough council, the Common Council of the City of London or the Council of the Isles of Scilly;

(b) in relation to Wales, a county council or a county borough council;

(c) in relation to Scotland, a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994.

(4) In the regulations and Schedules specified in paragraph (5) below, for the words “invalid care allowance” wherever they occur, there shall be substituted the words “ carer’s allowance ” preceded, where appropriate, by “a” instead of “an”.

(5) The regulations and Schedules referred to in paragraph (4) above are regulations 46, 48, 51 , 121, 150 and 153 and Schedule A1 , Parts III to IVB of Schedule 1 , Schedule 6 and Schedule 6A .

Section 4 Amendment of the Housing Benefit (General) Regulations 1987

(1) The Housing Benefit (General) Regulations 1987 shall be amended in accordance with the following provisions of this regulation.

(2) In Schedule 4 (sums to be disregarded in the calculation of income other than earnings) after paragraph 74 the following paragraph shall be added–

(75)

(1) Any payment made by a local authority to or on behalf of the claimant or his partner relating to–

(a) welfare services within the meaning of section 93(1) or (2) of the Local Government Act 2000;

(b) housing support services in respect of which the Scottish Ministers have paid a grant to the local authority under section 91(1) of the Housing (Scotland) Act 2001,

where the claimant or his partner qualified for that payment.

(2) For the purposes of sub-paragraph (1) “ local authority ” includes, in England, a county council.

(3) After paragraph 67 of Schedule 5 (capital to be disregarded) the following paragraph shall be added–

(68)

(1) Any payment made by a local authority to or on behalf of the claimant or his partner relating to–

(a) welfare services within the meaning of section 93(1) or (2) of the Local Government Act 2000;

(b) housing support services in respect of which the Scottish Ministers have paid a grant to the local authority under section 91(1) of the Housing (Scotland) Act 2001,

where the claimant or his partner qualified for that payment.

(2) For the purposes of sub-paragraph (1) “ local authority ” includes, in England, a county council.

Section 5 Amendment of the Council Tax Benefit (General) Regulations 1992

(1) The Council Tax Benefit (General) Regulations 1992 shall be amended in accordance with the following provisions of this regulation.

(2) In Schedule 4 (sums to be disregarded in the calculation of income other than earnings)–

(a) after paragraph 4A the following paragraph shall be added–

(4B) Where the claimant, or the person who was the partner of the claimant on 31 st March 2003, was entitled on that date to income support or an income-based jobseeker’s allowance but ceased to be so entitled on or before 5 th April 2003 by virtue only of regulation 13 of the Housing Benefit (General) Amendment (No.3) Regulations 1999 , the whole of his income.

(b) after paragraph 73 the following paragraph shall be added–

(74)

(1) Any payment made by a local authority to or on behalf of the claimant or his partner relating to–

(a) welfare services within the meaning of section 93(1) or (2) of the Local Government Act 2000;

(b) housing support services in respect of which the Scottish Ministers have paid a grant to the local authority under section 91(1) of the Housing (Scotland) Act 2001,

where the claimant or his partner qualified for that payment.

(2) For the purposes of sub-paragraph (1) “ local authority ” includes, in England, a county council.

(3) After paragraph 67 of Schedule 5 (capital to be disregarded) the following paragraph shall be added–

(68)

(1) Any payment made by a local authority to or on behalf of the claimant or his partner relating to–

(a) welfare services within the meaning of section 93(1) or (2) of the Local Government Act 2000;

(b) housing support services in respect of which the Scottish Ministers have paid a grant to the local authority under section 91(1) of the Housing (Scotland) Act 2001,

where the claimant or his partner qualified for that payment.

(2) For the purposes of sub-paragraph (1) “ local authority ” includes, in England, a county council.