The Social Security (Miscellaneous Amendments) (No. 2) Regulations 2010

• Citation: S.I. 2010/641
• Sections: 13

Section 1 Citation and commencement

(1) These Regulations may be cited as the Social Security (Miscellaneous Amendments) (No. 2) Regulations 2010 and subject to paragraphs (2) to (4) come into force on 6th April 2010.

(2) This regulation comes into force on 1st April 2010.

(3) The following provisions come into force on 5th April 2010 in relation to any case where rent is payable at intervals of a week or any multiple of whole weeks, and in any other case on 1st April 2010—

(a) regulation 8(1) to (3), (5) to (8) and (10) to (12),

(b) regulation 9(1) to (3) and (5),

(c) regulation 10(1) to (3), (5) to (8) and (10) to (12), and

(d) regulation 11(1) to (3) and (5).

(4) The following provisions come into force on 13th April 2010—

(a) regulation 2(9),

(b) regulation 4(11), and

(c) regulation 6(4) and (5).

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

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

(2) In regulation 2(1) (interpretation) at the appropriate place insert the following definition—

“MFET Limited” means the company limited by guarantee (number 7121661) of that name, established for the purpose in particular of making payments in accordance with arrangements made with the Secretary of State to persons who have acquired HIV as a result of treatment by the NHS with blood or blood products ;

(3) In—

(a) regulation 2(1) in the definition of “qualifying person” ,

(b) regulation 42(4ZA)(a) (notional income),

(c) regulation 48(10)(c) (income treated as capital),

(d) regulation 51(3A)(a) (notional capital),

(e) Schedule 3 (housing costs), paragraph 18(8)(b) ,

(f) Schedule 9 (sums to be disregarded in the calculation of income other than earnings), paragraph 21(2) and 39(1) and (7) , and

(g) Schedule 10 (capital to be disregarded), paragraph 22(1) and (7) ,

after “Eileen Trust” insert “, MFET Limited”.

(4) In regulation 6(1)(c) (persons not treated as engaged in remunerative work) after “earnings)” insert—

and in this paragraph “volunteer” means a person who is engaged in voluntary work, otherwise than for a relative, where the only payment received, or due to be paid to the person by virtue of being so engaged, is in respect of any expenses reasonably incurred by the person in connection with that work

(5) In regulation 13(2)(dd) (circumstances in which persons in relevant education are to be entitled to income support) after “and families)” insert “or Part II of the Children (Scotland) Act 1995 (promotion of children’s welfare by local authorities and by children’s hearings etc )”.

(6) In regulation 42 in—

(a) paragraph (2)(g) for “is aged under 60”, substitute “has not attained the qualifying age for state pension credit”,

(b) paragraph (2ZA) for “age of 60”, substitute “qualifying age for state pension credit”,

(c) paragraph (2A) for “aged not less than 60”, substitute “who has attained the qualifying age for state pension credit”.

(7) In—

(a) regulation 42(4ZA)(a),

(b) regulation 48(10)(c),

(c) regulation 51(3A)(a),

(d) Schedule 3, paragraph 18(8)(b),

(e) Schedule 9, paragraph 39(1) to (5), and

(f) Schedule 10, paragraphs 22(1) to (5) and 29 ,

after “under” insert “or by”.

(8) In regulation 51(2)(da) for “is aged under 60”, substitute “has not attained the qualifying age for state pension credit”.

(9) In Schedule 2 (applicable amounts), paragraph 1(3)(a)(ii), paragraph 1(3)(e)(i), paragraph 1(3)(f)(i) and paragraph 1(3)(g)(i) , after “regulation 4ZA” insert “or income-related employment and support allowance”.

(10) In Schedule 9, paragraph 58 and Schedule 10, paragraph 67 after “1968” insert “, or under sections 12A to 12D of the National Health Service Act 2006 (direct payments for health care) ”.

(11) In Schedule 10, paragraph 29 after “the Fund” insert “, MFET Limited”.

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

In the Social Security (Claims and Payments) Regulations 1987 in regulation 7(4) (evidence and information) for “is aged not less than 60”, substitute “has attained the qualifying age”.

Section 4 Amendments to the Jobseeker’s Allowance Regulations 1996

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

(2) In regulation 1(3) (citation, commencement and interpretation)—

(a) at the appropriate place insert the following definition—

“MFET Limited” means the company limited by guarantee (number 7121661) of that name, established for the purpose in particular of making payments in accordance with arrangements made with the Secretary of State to persons who have acquired HIV as a result of treatment by the NHS with blood or blood products;

(b) in the definition of “full-time student” —

(i) in each place where it occurs, for “undertaking” substitute “attending or undertaking”, and

(ii) in paragraph (b)(i) after “attending” insert “or undertaking”.

(3) In—

(a) regulation 1(3) in the definition of “qualifying person” ,

(b) regulation 105(10A)(a) (notional income),

(c) regulation 110(10)(c) (income treated as capital),

(d) regulation 113(3A)(a) (notional capital),

(e) Schedule 2 (housing costs) in paragraph 17(8)(b) ,

(f) Schedule 7 (sums to be disregarded in the calculation of income other than earnings), paragraph 22(2) , and

(g) Schedule 8 (capital to be disregarded), paragraphs 27(1) and 31,

after “Eileen Trust” insert “, MFET Limited”.

(4) In regulation 3E(2)(i) (entitlement of a member of a joint-claim couple to a jobseeker’s allowance without a claim being made jointly by the couple) for “seven weeks after the date on which the pregnancy ends where the expected week of confinement begins prior to 6th April 2003 or fifteen weeks after the date on which her pregnancy ends where the expected week of confinement begins on or after 6th April 2003”, substitute “twenty eight weeks after the date on which the pregnancy ends”.

(5) In regulation 53(a) (persons treated as not engaged in remunerative work) after “earnings)” insert—

and in this paragraph “volunteer” means a person who is engaged in voluntary work, otherwise than for a relative, where the only payment received, or due to be paid to the person by virtue of being so engaged, is in respect of any expenses reasonably incurred by the person in connection with that work

(6) In regulation 57(4)(a) (interpretation of Part IV), subject to paragraph (14) below, omit—

(a) “Paragraph 10 (disabled students)”,

(b) “Paragraph 12”, and

(c) “Paragraph 13 (blind persons)”.

(7) In regulation 105 in—

(a) paragraph (2)(g) for “is aged under 60”, substitute “has not attained the qualifying age for state pension credit”;

(b) paragraph (2B) for “age of 60”, substitute “qualifying age for state pension credit”;

(c) paragraph (3) for “aged not less than 60”, substitute “who has attained the qualifying age for state pension credit”.

(8) In—

(a) regulation 105(10A)(a),

(b) regulation 110(10)(c),

(c) regulation 113(3A)(a),

(d) Schedule 2, paragraph 17(8)(b),

(e) Schedule 7, paragraph 41(1) to (5) , and

(f) Schedule 8, paragraphs 27(1) to (5) and 31,

after “under” insert “or by”.

(9) In regulation 113(2)(da) for “is aged under 60”, substitute “has not attained the qualifying age for state pension credit”.

(10) In regulation 130 (interpretation) at the appropriate place insert—

“last day of the course” means the date on which the last day of the final academic term falls in respect of the course in which the student is enrolled;

(11) For regulation 146G(1) (applicable amount in hardship cases for joint-claim couples), substitute—

(1) The weekly applicable amount of the joint-claim couple to whom a joint-claim jobseeker’s allowance is payable in accordance with this Part of these Regulations shall be reduced by a sum equivalent to—

(a) 20% of the amount specified in paragraph 1(1)(e) of Schedule 1 in a case where a member of a joint-claim couple is—

(i) either pregnant or seriously ill, or

(ii) a member of a polygamous marriage and one of the members of that marriage is pregnant or seriously ill, or

(b) 40% of the amount specified in paragraph 1(1)(e) of Schedule 1 in all other cases.

(12) In Schedule 7, paragraph 41—

(a) in sub-paragraph (1), after “(“the Trusts”)”, and

(b) in sub-paragraph (7) , after “Skipton Fund”,

insert “, MFET Limited”.

(13) In Schedule 7, paragraph 56 and Schedule 8, paragraph 60 , after “1968” insert “, or under sections 12A to 12D of the National Health Service Act 2006 (direct payments for health care) ”.

(14) The provisions omitted by paragraph (6) continue to have effect in relation to a person referred to in regulation 2(2) of the Income Support (Prescribed Categories of Person) Regulations 2009 .

Section 5 Amendment to the Social Security (Recovery of Benefits) Regulations 1997

In the Social Security (Recovery of Benefits) Regulations 1997 in regulation 2(2) (exempted trusts and payments) after sub-paragraph (k) add,

(l) any payment made by MFET Limited, a company limited by guarantee (number 7121661) of that name, established for the purpose in particular of making payments in accordance with arrangements made with the Secretary of State to persons who have acquired HIV as a result of treatment by the NHS with blood or blood products .

Section 6 Amendments to the State Pension Credit Regulations 2002

(1) The State Pension Credit Regulations 2002 are amended as follows.

(2) In regulation 1(2) (interpretation) at the appropriate places insert the following definitions—

“foreign state retirement pension” means any pension which is paid under the law of a country outside the United Kingdom and is in the nature of social security;

“MFET Limited” means the company limited by guarantee (number 7121661) of that name, established for the purpose in particular of making payments in accordance with arrangements made with the Secretary of State to persons who have acquired HIV as a result of treatment by the NHS with blood or blood products;

(3) In—

(a) regulation 1(2) in the definition of “qualifying person” ,

(b) Schedule II (housing costs) in paragraph 14(8)(b) , and

(c) Schedule V (income from capital) in paragraph 15(1) and (7) ,

after “the Eileen Trust” insert “, MFET Limited”.

(4) The provisions of regulation 11 (retirement provision in assessed income period) become paragraph (1) of that regulation, and after that paragraph (as renumbered) add—

(2) For the purposes of section 7(6) (meaning of retirement provision) of the Act, a foreign state retirement pension is to be treated as a benefit under the 1992 Act.

(5) For regulation 15(2) (income for the purposes of the Act), substitute—

(2) For the purposes of section 15(1)(f) (foreign social security benefits) of the Act, income includes—

(a) all foreign social security benefits which are similar to the social security benefits prescribed under paragraph (1), and

(b) any foreign state retirement pension.

(6) In regulation 18(2) (notional income) for “aged not less than 60”, substitute “who has attained the qualifying age”.

(7) In Schedule V, paragraph 15(1) to (5) after “under” insert “or by”.

Section 7 Amendment to the Social Fund Maternity and Funeral Expenses (General) Regulations 2005

In the Social Fund Maternity and Funeral Expenses (General) Regulations 2005 in regulation 10 (deductions from an award of a funeral payment)—

(a) in paragraph (2)—

(i) after “under” insert “or by”;

(ii) omit “or” at the end of sub-paragraph (g);

(iii) after sub-paragraph (h) add—

or

(i) MFET Limited,

(b) in paragraph (3) after “Eileen Trust” insert “, MFET Limited”.

Section 8 Amendments to the Housing Benefit Regulations 2006

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

(2) In regulation 2(1) (interpretation) at the appropriate places insert the following definitions—

“MFET Limited” means the company limited by guarantee (number 7121661) of that name, established for the purpose in particular of making payments in accordance with arrangements made with the Secretary of State to persons who have acquired HIV as a result of treatment by the NHS with blood or blood products ;

“special account” means an account as defined for the purposes of Chapter 4A of Part 8 of the Jobseeker’s Allowance Regulations or Chapter 5 of Part 10 of the Employment and Support Allowance Regulations;

(3) In—

(a) regulation 2(1) in the definition of “qualifying person”,

(b) regulation 42(7)(a) (notional income),

(c) regulation 46(6) (income treated as capital),

(d) regulation 49(4)(a) (notional capital),

(e) regulation 74(9)(b) (non-dependant deductions),

(f) regulation 86(4)(a)(ii) (evidence and information),

(g) Schedule 5 (sums to be disregarded in the calculation of income other than earnings), paragraph 35(1) and (7) , and

(h) Schedule 6 (capital to be disregarded), paragraph 24(1) and (7),

after “Eileen Trust” insert “, MFET Limited”.

(4) In regulation 42(2)(c) for “is aged under 60”, substitute “has not attained the qualifying age for state pension credit”.

(5) In—

(a) regulation 42(7)(a),

(b) regulation 46(6),

(c) regulation 49(4)(a),

(d) regulation 74(9)(b),

(e) regulation 86(4)(a)(ii),

(f) Schedule 5, paragraph 35(1) to (5), and

(g) Schedule 6, paragraphs 24(1) to (5) and 34 ,

after “under” insert “or by”.

(6) In regulation 46(7) omit “(as defined for the purposes of Chapter 4A of Part 8 of the Jobseeker’s Allowance Regulations)”.

(7) In regulation 56(2A) (full-time students to be treated as not liable to make payments in respect of a dwelling) after “begun” insert “, or been enrolled or accepted onto,”.

(8) In regulation 74(6)(a) for “of the higher pensioner and disability premiums)”, substitute “for the disability premium)”.

(9) In regulation 86(5) for “is aged not less than 60”, substitute “has attained the qualifying age for state pension credit”.

(10) In Schedule 5—

(a) in paragraph 13(1)(a) for “or severe disablement allowance”, substitute “, severe disablement allowance or an employment and support allowance”, and

(b) in paragraph 58(2) omit “as defined for the purposes of Chapter 4A of Part 8 of the Jobseeker’s Allowance Regulations”.

(11) In Schedule 5, paragraph 57 and Schedule 6, paragraph 58 after “1968” insert “, or under sections 12A to 12D of the National Health Service Act 2006 (direct payments for health care) ”.

(12) In Schedule 6, paragraph 34 after “the Fund” insert “, MFET Limited”.

Section 9 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 2(1) (interpretation) at the appropriate place insert the following definition—

“MFET Limited” means the company limited by guarantee (number 7121661) of that name, established for the purpose in particular of making payments in accordance with arrangements made with the Secretary of State to persons who have acquired HIV as a result of treatment by the NHS with blood or blood products;

(3) In—

(a) regulation 2(1) in the definition of “qualifying person”,

(b) regulation 55(10)(b) (non-dependant deductions),

(c) regulation 67(4)(a)(ii) (evidence and information), and

(d) Schedule 6 (capital to be disregarded), paragraph 16(1)(a),

after “Eileen Trust” insert “, MFET Limited”.

(4) In regulation 41(4) (notional income) for “aged not less than 60”, substitute “who has attained the qualifying age for state pension credit”.

(5) In—

(a) regulation 55(10)(b),

(b) regulation 67(4)(a)(ii), and

(c) Schedule 6, paragraph 16(1) to (5),

after “under” insert “or by”.

(6) In regulation 67(5) for “is aged not less than 60”, substitute “has attained the qualifying age for state pension credit”.

Section 10 Amendments to the Council Tax Benefit Regulations 2006

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

(2) In regulation 2(1) (interpretation) at the appropriate places insert the following definitions—

“MFET Limited” means the company limited by guarantee (number 7121661) of that name, established for the purpose in particular of making payments in accordance with arrangements made with the Secretary of State to persons who have acquired HIV as a result of treatment by the NHS with blood or blood products ;

“special account” means an account as defined for the purposes of Chapter 4A of Part 8 of the Jobseeker’s Allowance Regulations or Chapter 5 of Part 10 of the Employment and Support Allowance Regulations;

(3) In—

(a) regulation 2(1) in the definition of “qualifying person”,

(b) regulation 32(7)(a) (notional income),

(c) regulation 36(6) (income treated as capital),

(d) regulation 39(4)(a) (notional capital),

(e) regulation 58(9)(b) (non-dependant deductions),

(f) regulation 72(4)(a)(ii) (evidence and information),

(g) Schedule 2 (amount of alternative maximum council tax benefit), paragraph 2(b) ,

(h) Schedule 4 (sums to be disregarded in the calculation of income other than earnings), paragraph 36(1) and (7), and

(i) Schedule 5 (capital to be disregarded), paragraph 24(1) and (7),

after “Eileen Trust” insert “, MFET Limited”.

(4) In regulation 32(2)(c) for “is aged under 60” substitute “has not attained the qualifying age for state pension credit”.

(5) In—

(a) regulation 32(7)(a),

(b) regulation 36(6),

(c) regulation 39(4)(a),

(d) regulation 58(9)(b),

(e) regulation 72(4)(a)(ii),

(f) Schedule 2, paragraph 2(b),

(g) Schedule 4, paragraph 36(1) to (5), and

(h) Schedule 5, paragraphs 24(1) to (5) and 34 ,

after “under” insert “or by”.

(6) In regulation 36(7) omit “(as defined for the purposes of Chapter 4A of Part 8 of the Jobseeker’s Allowance Regulations)”.

(7) In regulation 45(3A) (students who are excluded from entitlement to council tax benefit) after “begun” insert “, or been enrolled or accepted onto”.

(8) In regulation 58(6)(a) for “of the higher pensioner and disability premiums)”, substitute “for the disability premium)”.

(9) In regulation 72(5) for “is aged not less than 60”, substitute “has attained the qualifying age for state pension credit”.

(10) In Schedule 4—

(a) in paragraph 14(1)(a) for “or severe disablement allowance”, substitute “, severe disablement allowance or an employment and support allowance”;

(b) in paragraph 58(2) omit “as defined for the purposes of Chapter 4A of Part 8 of the Jobseeker’s Allowance Regulations”.

(11) In Schedule 4, paragraph 57 and Schedule 5, paragraph 60 after “1968” insert “, or under sections 12A to 12D of the National Health Service Act 2006 (direct payments for health care) ”.

(12) In Schedule 5, paragraph 34 after “the Fund” insert “, MFET Limited”.

Section 11 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 2(1) (interpretation) at the appropriate place insert the following definition—

“MFET Limited” means the company limited by guarantee (number 7121661) of that name, established for the purpose in particular of making payments in accordance with arrangements made with the Secretary of State to persons who have acquired HIV as a result of treatment by the NHS with blood or blood products;

(3) In—

(a) regulation 2(1) in the definition of “qualifying person”,

(b) regulation 42(9)(b) (non-dependant deductions),

(c) regulation 57(4)(a) (evidence and information),

(d) Schedule 4 (capital disregards), paragraph 16(1)(a), and

(e) Schedule 6 (amount of alternative maximum council tax benefit), paragraph 2(b) ,

after “Eileen Trust” insert “, MFET Limited”.

(4) In regulation 31(4) (notional income), for “aged not less than 60” substitute “who has attained the qualifying age for state pension credit”.

(5) In—

(a) regulation 42(9)(b),

(b) regulation 57(4)(a),

(c) Schedule 4 in paragraph 16(1) to (5), and

(d) Schedule 6 in paragraph 2(b),

after “under” insert “or by”.

(6) In regulation 57(5) (evidence and information) for “is aged not less than 60”, substitute “has attained the qualifying age for state pension credit”.

Section 12 Amendments to the Employment and Support Allowance Regulations 2008

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

(2) In regulation 2(1) (interpretation) at the appropriate place insert the following definition—

“MFET Limited” means the company limited by guarantee (number 7121661) of that name, established for the purpose in particular of making payments in accordance with arrangements made with the Secretary of State to persons who have acquired HIV as a result of treatment by the NHS with blood or blood products;

(3) In—

(a) regulation 2(1) in the definition of “qualifying person”,

(b) regulation 107(5)(a) (notional income - income due to be paid or income paid to or in respect of a third party),

(c) regulation 112(8) (income treated as capital),

(d) regulation 115(5)(a) (notional capital),

(e) Schedule 6 (housing costs), paragraph 19(8)(b) ,

(f) Schedule 8 (sums to be disregarded in the calculation of income other than earnings), paragraphs 22(2) and 41(1) and (7) , and

(g) Schedule 9 (capital to be disregarded), paragraphs 27(1) and (7) and 31 ,

after “Eileen Trust” insert “, MFET Limited”.

(4) In regulation 106 (notional income – deprivation and income on application)—

(a) in paragraph (2)(g), for “is aged under 60” substitute “has not attained the qualifying age for state pension credit”,

(b) in paragraph (3), for “age of 60” substitute “qualifying age for state pension credit”, and

(c) in paragraph (4), for “aged not less than 60” substitute “who has attained the qualifying age for state pension credit”.

(5) In—

(a) regulation 107(5)(a),

(b) regulation 112(8),

(c) regulation 115(5)(a),

(d) Schedule 6, paragraph 19(8)(b),

(e) Schedule 8, paragraph 41(1) to (5), and

(f) Schedule 9, paragraph 27(1) to (5),

after “under” insert “or by”.

(6) In regulation 115(2)(e), for “is aged under 60” substitute “has not attained the qualifying age for state pension credit”.

(7) In Schedule 8, paragraph 53 and Schedule 9, paragraph 56 after “1968” insert “, or under sections 12A to 12D of the National Health Service Act 2006 (direct payments for health care) ”.

Section 13 Amendment to the Social Security (Recovery of Benefits) (Lump Sum Payments) Regulations 2008

In the Social Security (Recovery of Benefits) (Lump Sum Payments) Regulations 2008 in regulation 7(2) (exempted trusts and payments), after sub-paragraph (h) add—

(i) any payment made by MFET Limited, the company limited by guarantee (number 7121661) of that name, established for the purpose in particular of making payments in accordance with arrangements made with the Secretary of State to persons who have acquired HIV as a result of treatment by the NHS with blood or blood products.