The Social Security (Miscellaneous Amendments) (No. 5) Regulations 2009

• Citation: S.I. 2009/3228
• Sections: 4

Section 1 Citation, commencement and interpretation

(1) These Regulations may be cited as the Social Security (Miscellaneous Amendments) (No. 5) Regulations 2009.

(2) Subject to paragraph (3), these Regulations come into force on 25th January 2010.

(3) Regulations 2(1) and 3(2)(c) and (d) and (5)(a), so far as they relate to a particular beneficiary who is not a person falling within regulation 2(2), come into force on the first day of the first benefit week to commence for that beneficiary on or after 25th January 2010.

(4) In these Regulations—

“benefit week”—

in relation to income support, has the same meaning as in regulation 2(1) of the Income Support Regulations ;

in relation to a jobseeker’s allowance, has the same meaning as in regulation 1(3) of the Jobseeker’s Allowance Regulations ;

in relation to an employment and support allowance, has the same meaning as in regulation 2(1) of the Employment and Support Allowance Regulations ;

“the Employment and Support Allowance Regulations” means the Employment and Support Allowance Regulations 2008 ;

“the Immigration and Asylum Regulations ” means the Social Security (Immigration and Asylum) Consequential Amendments Regulations 2000 ;

“the Income Support Regulations” means the Income Support (General) Regulations 1987 ; and

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

Section 2 Abolition (subject to savings) of urgent case payments

(1) Subject to paragraphs (2) to (4), the following provisions are revoked—

(a) Part 6 of the Income Support Regulations (urgent cases) ;

(b) Part 10 of the Jobseeker’s Allowance Regulations (urgent cases) ;

(c) regulation 12(3) of the Immigration and Asylum Regulations (transitional arrangements and savings) ;

(d) Part 13 of the Employment and Support Allowance Regulations (urgent cases) .

(2) The provisions referred to in paragraph (1) (“the relevant provisions”) continue to have effect in relation to a person who, on the day before the day on which these Regulations come into force, is a person (“P”) to whom regulation 70(2)(b) of the Income Support Regulations, regulation 147(2)(b) of the Jobseeker’s Allowance Regulations or (as the case may be) regulation 162(2) of the Employment and Support Allowance Regulations applies.

(3) Where on the day before the day on which these Regulations come into force P falls within paragraph 1 of Part 1 of the Schedule to the Immigration and Asylum Regulations, the relevant provisions continue to have effect in relation to P until—

(a) the expiry of the period, or the aggregate of any periods, of 42 days during any one period of leave to which paragraph 1 of Part 1 of that Schedule applies, or

(b) the day on which P no longer falls within paragraph 1 of Part 1 of that Schedule,

whichever shall first occur.

(4) In any other case, the relevant provisions continue to have effect in relation to P until the day on which regulation 70(2)(b) of the Income Support Regulations, regulation 147(2)(b) of the Jobseeker’s Allowance Regulations or (as the case may be) regulation 162(2) of the Employment and Support Allowance Regulations ceases to apply to P.

Section 3 Abolition of urgent case payments: supplementary provisions

(1) The following consequential amendments have effect.

(2) In the Income Support Regulations—

(a) in regulation 17(1) (applicable amounts) omit “and 70” and “and urgent cases”;

(b) in regulation 18(1) (polygamous marriages) omit “and 70” and “and urgent cases”;

(c) after regulation 22A (reduction in applicable amount where the claimant is appealing against a decision which embodies a determination that he is not incapable of work) insert—

Period for which applicable amount is to be calculated where person not excluded from income support under section 115 of the Immigration and Asylum Act 1999

(22B) Where paragraph 1 of Part 1 of the Schedule to the Social Security (Immigration and Asylum) Consequential Amendments Regulations 2000 applies in respect of entitlement to income support, the period for which a claimant’s weekly applicable amount is to be calculated shall be any period, or the aggregate of any periods, not exceeding 42 days during any one period of leave to which that paragraph of that Part of the Schedule to those Regulations applies.

(d) in Schedule 1B (prescribed categories of person) , for paragraph 21 substitute—

Persons from abroad

(21) A person not excluded from entitlement to income support under section 115 of the Immigration and Asylum Act 1999 by virtue of regulation 2 of the Social Security (Immigration and Asylum) Consequential Amendments Regulations 2000 except for a person to whom paragraphs 2, 3 and 4 of Part 1 of the Schedule to those Regulations applies.

(3) In the Jobseeker’s Allowance Regulations—

(a) in regulation 83 (applicable amounts) omit “or Part X” and “and urgent cases”;

(b) in regulation 84(1) (polygamous marriages) omit “or Part X”;

(c) in regulation 86A (applicable amounts for joint-claim couples) omit “or Part X (urgent cases)”;

(d) in regulation 86B (applicable amounts for joint-claim couples: polygamous marriages) omit “or Part X (urgent cases)”.

(4) In the Employment and Support Allowance Regulations—

(a) in regulation 67(1) (prescribed amounts) omit “and 163” and “and urgent cases”;

(b) in regulation 68(1) (polygamous marriages) omit “and 163” and “and urgent cases”.

(5) In regulation 2 of the Immigration and Asylum Regulations (persons not excluded from specified benefits under section 115 of the Immigration and Asylum Act 1999) —

(a) for paragraph (5) substitute—

(5) For the purposes of entitlement to income support, a jobseeker’s allowance, an employment and support allowance or a social fund payment under the Contributions and Benefits Act, as the case may be, a person who is an asylum seeker within the meaning of paragraph (4) of regulation 12 who has not ceased to be an asylum seeker by virtue of paragraph (5) of that regulation is a person to whom section 115 of the Act does not apply.

(b) in paragraph (8), for the words “state pension credit, the period for which a claimant’s state pension credit” substitute “income-related employment and support allowance, or state pension credit, as the case may be, the period for which a claimant’s income-related employment and support allowance, or state pension credit, as the case may be,”.

Section 4 Revocation (subject to savings) of provisions specifying that certain persons are to be treated as not engaged in remunerative work

(1) Subject to paragraphs (3) to (7), the following provisions are revoked—

(a) in the Income Support Regulations—

(i) regulation 6(4)(a) and (d) (persons not treated as engaged in remunerative work) , and

(ii) paragraphs 8 and 9 of Schedule 1B (prescribed categories of persons) ;

(b) in the Jobseeker’s Allowance Regulations—

(i) regulation 53(c) and (h) (persons treated as not engaged in remunerative work) , and

(ii) paragraphs 7 and 8 of Schedule A1 (categories of members of a joint-claim couple who are not required to satisfy the conditions in section 1(2B)(b));

(c) regulation 43(2)(a) and (d) of the Employment and Support Allowance Regulations (circumstances under which partners of claimants entitled to an income-related allowance are not to be treated as engaged in remunerative work).

(2) Regulations 22 to 24 (saving provision, circumstances in which regulation 22 ceases to apply and permitted period) of the Income Support (General) Amendment No. 4 Regulations 1991 are also revoked.

(3) Paragraphs (4) to (6) apply to a person (“P”) who in respect of a period which includes the day before the date on which these Regulations come into force—

(a) is entitled to a specified benefit (irrespective of whether P claims the benefit before, on or after that day), and

(b) falls within one of the provisions referred to in paragraph (1).

(4) Where the specified benefit is income support, regulation 6(4)(a) and (d) of, and paragraphs 8 and 9 of Schedule 1B to, the Income Support Regulations continue to have effect in relation to P’s entitlement to that benefit.

(5) Where the specified benefit is a jobseeker’s allowance, regulation 53(c) and (h) of, and paragraphs 7 and 8 of Schedule A1 to, the Jobseeker’s Allowance Regulations continue to have effect in relation to P’s entitlement to that benefit.

(6) Where the specified benefit is an employment and support allowance, regulation 43(2)(a) and (d) of the Employment and Support Allowance Regulations continue to have effect in relation to P’s entitlement to that benefit.

(7) The provisions saved by paragraphs (4), (5) and (6) continue to have effect in relation to P’s entitlement to the specified benefit until the day on which—

(a) P first ceases to fall within a provision referred to in paragraph (1), or,

(b) P first ceases to be entitled to that benefit,

whichever shall first occur.

(8) In this regulation “specified benefit” means income support, a jobseeker’s allowance or an employment and support allowance.