The Social Security (Miscellaneous Amendments) (No. 5) Regulations 2010

• Citation: S.I. 2010/2429
• Sections: 12

Section 1 Citation and commencement

(1) These Regulations may be cited as the Social Security (Miscellaneous Amendments) (No. 5) Regulations 2010.

(2) Subject to paragraph (3), these Regulations come into force on 1st November 2010.

(3) Regulations 2(3)(a), 3 and 4(5)(a), so far as they relate to a particular beneficiary, come into force on the first day of the first benefit week to commence for that beneficiary on or after 1st November 2010.

(4) In this regulation “benefit week” has the same meaning—

(a) for income support, as in regulation 2(1) (interpretation) of the Income Support (General) Regulations 1987 ;

(b) for jobseeker’s allowance, as in regulation 1(3) (citation, commencement and interpretation) of the Jobseeker’s Allowance Regulations 1996 ; and

(c) for employment and support allowance, as in regulation 2(1) (interpretation) of the Employment and Support Allowance Regulations 2008 .

Section 2 Amendments to the Income Support (General) Regulations 1987

(1) The Income Support (General) Regulations 1987 are amended as follows.

(2) In Schedule 1B (prescribed categories of person)—

(a) in paragraph 7(c) , for “that Act” substitute “the Contributions and Benefits Act”;

(b) in paragraph 14(b) , omit “seven weeks after the date on which her pregnancy ends where the expected week of confinement begins prior to 6th April 2003 or” and “where the expected week of confinement begins on or after 6th April 2003”.

(3) In Schedule 9 (sums to be disregarded in the calculation of income other than earnings)—

(a) in paragraph 5B , after sub-paragraph (2) add—

(3) Any increase in respect of a dependent child or dependent young person under section 80 or 90 of the Contributions and Benefits Act where—

(a) the claimant has a child or young person who is a member of the claimant’s family for the purposes of the claimant’s claim for income support, and

(b) the claimant, or that claimant’s partner, has been awarded a child tax credit.

(b) for paragraph 26 , substitute—

(26) Any payment made to the claimant with whom a person is accommodated by virtue of arrangements made—

(a) by a local authority under—

(i) section 23(2)(a) of the Children Act 1989 (provision of accommodation and maintenance for a child whom they are looking after),

(ii) section 26 of the Children (Scotland) Act 1995 (manner of provision of accommodation to child looked after by local authority), or

(iii) regulations 33 or 51 of the Looked After Children (Scotland) Regulations 2009 (fostering and kinship care allowances and fostering allowances); or

(b) by a voluntary organisation under section 59(1)(a) of the Children Act 1989 (provision of accommodation by voluntary organisations).

(c) in paragraph 28 —

(i) in sub-paragraph (1)(c), after “section” insert “22, ”;

(ii) in sub-paragraph (2), before “29” insert “22 or”.

Section 3 Amendment to the Social Security (Claims and Payments) Regulations 1987

In paragraph 1 of Schedule 9A (deductions of mortgage interest from benefit and payment to qualifying lenders) to the Social Security (Claims and Payments) Regulations 1987 , in the definition of “relevant benefits” —

(a) after paragraph (c), insert—

(ca) contribution-based jobseeker’s allowance where—

(i) both income-based jobseeker’s allowance and contribution-based jobseeker’s allowance are in payment, and

(ii) the income-based jobseeker’s allowance alone is insufficient for the purposes of this Schedule;

(b) after paragraph (e), insert—

(f) contributory employment and support allowance where—

(i) both income-related employment and support allowance and contributory employment and support allowance are in payment, and

(ii) the income-related employment and support allowance alone is insufficient for the purposes of this Schedule;

Section 4 Amendments to the Jobseeker’s Allowance Regulations 1996

(1) The Jobseeker’s Allowance Regulations 1996 are amended as follows.

(2) In Schedule A1 (categories of members of a joint-claim couple who are not required to satisfy the conditions in section 1(2B)(b)), subject to paragraph (3) below—

(a) the following provisions are revoked—

(i) paragraph 6(a) and (b) (member incapable of work),

(ii) paragraph 9 (disabled students),

(iii) paragraph 10 (deaf students), and

(iv) paragraph 11 (blind members);

(b) for the heading preceding paragraph 6 substitute “Member treated as capable of work, or member entitled to statutory sick pay”;

(c) in paragraph 6(c), for “that Act”, substitute “the Benefits Act”.

(3) A provision revoked or amended by paragraph (2) continues to have effect in relation to a joint-claim couple as if that revocation or amendment had not been made where, immediately before 1st November 2010—

(a) the couple were entitled to a jobseeker’s allowance, and

(b) that provision applied to a member of that couple.

(4) Paragraph (3) ceases to apply to a joint-claim couple upon termination of the jobseeker’s allowance award that they were entitled to immediately before 1st November 2010.

(5) In Schedule 7 (sums to be disregarded in the calculation of income other than earnings)—

(a) in paragraph 6B , after sub-paragraph (2) add—

(3) Any increase in respect of a dependent child or dependent young person under section 80 or 90 of the Benefits Act where—

(a) the claimant has a child or young person who is a member of the claimant’s family for the purposes of the claimant’s claim for income-based jobseeker’s allowance, and

(b) the claimant, or that claimant’s partner, has been awarded a child tax credit.

(b) for paragraph 27 , substitute—

(27) Any payment made to the claimant with whom a person is accommodated by virtue of arrangements made—

(a) by a local authority under—

(i) section 23(2)(a) of the Children Act 1989 (provision of accommodation and maintenance for a child whom they are looking after),

(ii) section 26 of the Children (Scotland) Act 1995 (manner of provision of accommodation to child looked after by local authority), or

(iii) regulations 33 or 51 of the Looked After Children (Scotland) Regulations 2009 (fostering and kinship care allowances and fostering allowances); or

(b) by a voluntary organisation under section 59(1)(a) of the Children Act 1989 (provision of accommodation by voluntary organisations).

(c) in paragraph 29 —

(i) in sub-paragraph (1)(c), after “section” insert “22, ”;

(ii) in sub-paragraph (2), before “29” insert “22 or”.

Section 5 Amendments to the Employment Protection (Recoupment of Jobseeker’s Allowance and Income Support) Regulations 1996

In the Employment Protection (Recoupment of Jobseeker’s Allowance and Income Support) Regulations 1996 in—

(a) regulation 2(1) (interpretation) in the definition of “recoupable benefit”;

(b) regulation 4(1) and (8) (duties of the employment tribunals and of the secretary of the tribunals in respect of monetary awards) ;

(c) regulation 8(1), (2)(b) and (3)(b) (recoupment of benefit); and

(d) regulation 10(1) and (2) (provisions relating to determination of amount paid by way of or paid as on account of benefit),

after “allowance” insert “, income-related employment and support allowance”.

Section 6 Amendment to the State Pension Credit Regulations 2002

In regulation 17B(4)(b) (earnings of self-employed earners) of the State Pension Credit Regulations 2002 —

(a) for “for paragraph (2), the following provision shall have effect” substitute “the following paragraph shall be added after paragraph (1)”.

(b) for sub-paragraph (b) of the new paragraph (2) to be added to regulation 12 (earnings of self-employed earners) of the Social Security Benefits (Computation of Earnings) Regulations 1996 , substitute—

(b) any payment made by a local authority to a claimant with whom a person is accommodated by virtue of arrangements made under—

(i) section 23(2)(a) of the Children Act 1989 (provision of accommodation and maintenance for a child whom they are looking after),

(ii) section 26 of the Children (Scotland) Act 1995 (manner of provision of accommodation to child looked after by local authority), or

(iii) regulations 33 or 51 of the Looked After Children (Scotland) Regulations 2009 (fostering and kinship care allowances and fostering allowances);

Section 7 Amendments to the Housing Benefit Regulations 2006

(1) The Housing Benefit Regulations 2006 are amended as follows.

(2) In regulation 28(8)(k) (treatment of child care charges)—

(a) after “by a foster parent” insert “or kinship carer”;

(b) for “Fostering of Children (Scotland) Regulations 1996” substitute “Looked After Children (Scotland) Regulations 2009”;

(c) after “is fostering” insert “or kinship carer is looking after”.

(3) In Schedule 5 (sums to be disregarded in the calculation of income other than earnings) for paragraph 26 substitute—

(26) Any payment made to the claimant with whom a person is accommodated by virtue of arrangements made—

(a) by a local authority under—

(i) section 23(2)(a) of the Children Act 1989 (provision of accommodation and maintenance for a child whom they are looking after),

(ii) section 26 of the Children (Scotland) Act 1995 (manner of provision of accommodation to child looked after by local authority), or

(iii) regulations 33 or 51 of the Looked After Children (Scotland) Regulations 2009 (fostering and kinship care allowances and fostering allowances); or

(b) by a voluntary organisation under section 59(1)(a) of the Children Act 1989 (provision of accommodation by voluntary organisations).

(4) In Schedule 5, paragraph 28 and Schedule 6 (capital to be disregarded), paragraph 19 before “29” insert “22,”.

Section 8 Amendments to the Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 2006

(1) The Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 2006 are amended as follows.

(2) In regulation 31(8)(k) (treatment of child care charges)—

(a) after “by a foster parent” insert “or kinship carer”;

(b) for “Fostering of Children (Scotland) Regulations 1996” substitute “Looked After Children (Scotland) Regulations 2009”;

(c) after “is fostering” insert “or kinship carer is looking after”.

(3) For regulation 38(2)(b)(ii) (earnings of self-employed earners), substitute—

(ii) with whom a local authority foster a child under the Looked After Children (Scotland) Regulations 2009 or who is a kinship carer under those Regulations;

Section 9 Amendments to the Council Tax Benefit Regulations 2006

(1) The Council Tax Benefit Regulations 2006 are amended as follows.

(2) In regulation 18(8)(k) (treatment of child care charges)—

(a) after “by a foster parent” insert “or kinship carer”;

(b) for “Fostering of Children (Scotland) Regulations 1996” substitute “Looked After Children (Scotland) Regulations 2009”;

(c) after “is fostering” insert “or kinship carer is looking after”.

(3) In Schedule 4 (sums to be disregarded in the calculation of income other than earnings) for paragraph 27 substitute—

(27) Any payment made to the claimant with whom a person is accommodated by virtue of arrangements made—

(a) by a local authority under—

(i) section 23(2)(a) of the Children Act 1989 (provision of accommodation and maintenance for a child whom they are looking after),

(ii) section 26 of the Children (Scotland) Act 1995 (manner of provision of accommodation to child looked after by local authority), or

(iii) regulations 33 or 51 of the Looked After Children (Scotland) Regulations 2009 (fostering and kinship care allowances and fostering allowances); or

(b) by a voluntary organisation under section 59(1)(a) of the Children Act 1989 (provision of accommodation by voluntary organisations).

(4) In Schedule 4, paragraph 29 and Schedule 5 (capital to be disregarded), paragraph 19 before “29” insert “22,”.

Section 10 Amendments to the Council Tax Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 2006

(1) The Council Tax Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 2006 are amended as follows.

(2) In regulation 21(8)(k) (treatment of child care charges)—

(a) after “by a foster parent” insert “or kinship carer”;

(b) for “Fostering of Children (Scotland) Regulations 1996” substitute “Looked After Children (Scotland) Regulations 2009”;

(c) after “is fostering” insert “or kinship carer is looking after”.

(3) For regulation 28(2)(b)(ii) (earnings of self-employed earners), substitute—

(ii) with whom a local authority foster a child under the Looked After Children (Scotland) Regulations 2009 or who is a kinship carer under those Regulations;

Section 11 Amendments to the Employment and Support Allowance Regulations 2008

(1) The Employment and Support Allowance Regulations 2008 are amended as follows.

(2) In regulation 106 (notional income – deprivation and income on application), after paragraph (2)(ga) insert—

(gb) any sum to which regulation 137(4A) (treatment of student loans) applies;

(3) In regulation 137 (treatment of student loans)—

(a) in paragraph (4)(b), before “the student” insert “subject to paragraph (4A)”;

(b) after paragraph (4) insert—

(4A) A student is not to be treated as possessing any part of a student loan which has not been paid to that student in respect of an academic year where the educational institution at which the student was attending a course has confirmed in writing that the student has suspended attendance at the course due to a health condition or disability that renders the student incapable of continuing that course.

(4) In Schedule 8 (sums to be disregarded in the calculation of income other than earnings)—

(a) for paragraph 28 substitute—

(28) Any payment made to the claimant with whom a person is accommodated by virtue of arrangements made—

(a) by a local authority under—

(i) section 23(2)(a) of the Children Act 1989 (provision of accommodation and maintenance for a child whom they are looking after), or

(ii) section 26 of the Children (Scotland) Act 1995 (manner of provision of accommodation to child looked after by local authority), or

(iii) regulations 33 or 51 of the Looked After Children (Scotland) Regulations 2009 (fostering and kinship care allowances and fostering allowances); or

(b) by a voluntary organisation under section 59(1)(a) of the 1989 Act (provision of accommodation by voluntary organisations).

(b) in paragraph 30(1)(c) before “29” insert “22,”;

(c) in paragraph 30(2) before “29” insert “22 or”.

Section 12 Amendment to the Social Security (Incapacity Benefit Work-focused Interviews) Regulations 2008

In regulation 9 (consequences of failure to take part in a work-focused interview) of the Social Security (Incapacity Benefit Work-focused Interviews) Regulations 2008 —

(a) in paragraph (1)(a), before “50%”; and

(b) in paragraph (1)(b) and (12)(c), after “by”,

insert “an amount equivalent to”.