The Social Security (Miscellaneous Amendments) Regulations 2011

• Citation: S.I. 2011/674
• Sections: 16

Section 1 Citation and commencement

(1) These Regulations may be cited as the Social Security (Miscellaneous Amendments) Regulations 2011.

(2) Regulations 1 and 12 to 15 come into force on 4th April 2011 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 2011.

(3) Regulations 3(5) and (6)(a), 7(6) and (7)(c), 11 and 16(11)(a), (12) and (13), so far as they relate to a particular claimant, come into force on the first day of the first benefit week to commence for that claimant on or after 11th April 2011.

(4) All other regulations come into force on 11th April 2011.

(5) 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 Social Security (General Benefit) Regulations 1982

For regulation 16 of the Social Security (General Benefit) Regulations 1982 (earnings level for the purposes of unemployability supplement under section 58 of the Social Security Act 1975) substitute—

(16)

(1) For the purposes of section 58(3) (earnings level that does not disqualify for unemployability supplement) the prescribed amount of earnings in a year is determined as follows–

(a) multiply the National Minimum Wage by 16;

(b) where the amount determined by the calculation in sub-paragraph (a) would, but for this sub-paragraph, include an amount of–

(i) less than 50p, the amount determined under sub-paragraph (a) shall be rounded up to the nearest 50p, or

(ii) less than £1 but more than 50p, the amount determined under sub-paragraph (a) shall be rounded up to the nearest £1; and

(c) multiply the amount resulting from sub-paragraph (a) or (b) by 52.

(2) In this regulation “National Minimum Wage” means the rate of the national minimum wage specified in regulation 11 of the National Minimum Wage Regulations 1999 (rate of the national minimum wage).

Section 3 Amendments to the Income Support (General) Regulations 1987

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

(2) In regulation 31 (date on which income is treated as paid)—

(a) in paragraph (1) for “to (4) apply” substitute “applies”; and

(b) omit paragraphs (3) and (4) .

(3) In regulation 32(1) (calculation of weekly amount of income) omit “and regulation 31(3) (date on which income is treated as paid) ”.

(4) In regulation 40(1) (calculation of income other than earnings) omit “and regulation 31(3) and (4) (date on which income is treated as paid) ”.

(5) In Schedule 2 (applicable amounts)—

(a) in paragraph 13A (enhanced disability premium), after sub-paragraph (1) insert–

(1A) Where the condition in sub-paragraph (1) ceases to be satisfied because of the death of a child or young person, the condition is that the claimant is entitled to child benefit in respect of that person under section 145A of the Contributions and Benefits Act (entitlement after death of child or qualifying young person).

(b) in paragraph 14 (disabled child premium)–

(i) after sub-paragraph (1)(a) omit “or”,

(ii) after sub-paragraph (1)(b) insert–

; or

(c) a child or young person in respect of whom section 145A of the Contributions and Benefits Act (entitlement after death of child or qualifying young person) applies for the purposes of entitlement to child benefit but only for the period prescribed under that section, and in respect of whom a disabled child premium was included in the claimant’s applicable amount immediately before the death of that child or young person, or ceased to be included in the claimant’s applicable amount because of that child or young person’s death.

(iii) in sub-paragraph (2), after “condition” insert “in sub-paragraph (1)(a) or (b)”.

(6) In Schedule 3 (housing costs)—

(a) in paragraphs 4(4A)(b) , 14(4)(b) and 14(12)(c) after “income” insert “equal to or”;

(b) in paragraph 14(1) omit “Subject to sub-paragraph (2),”; and

(c) omit paragraph 14(2).

Section 4 Amendments to the Social Security (Claims and Payments) Regulations 1987

(1) The Social Security (Claims and Payments) Regulations 1987 are amended as follows.

(2) In Schedule 9 (deductions from benefit and direct payment to third parties)—

(a) in the definition of “specified benefit” in paragraph 1(1) omit “but does not include any sum payable by way of child maintenance bonus in accordance with section 10 of the Child Support Act 1995 and the Child Maintenance Bonus Regulations 1996;”; and

(b) in paragraph 5 (service charges for fuel, and rent not falling within paragraph 2(1)(a)), for sub-paragraph (2) substitute—

(2) For the purposes of sub-paragraph (1) arrears of rent do not include any amount which falls to be deducted under regulation 74 of the Housing Benefit Regulations (non-dependant deductions) or, as the case may be, regulation 55 of the Housing Benefit (State Pension Credit) Regulations (non-dependant deductions) when assessing a person’s housing benefit.

(3) In the definition of “relevant benefits” in paragraph 1 of Schedule 9A (deductions of mortgage interest from benefit and payment to qualifying lenders), omit “but does not include any sum payable by way of child maintenance bonus in accordance with section 10 of the Child Support Act 1995 and the Child Maintenance Bonus Regulations 1996;”.

Section 5 Amendments to the Social Security (Incapacity Benefit) Regulations 1994

For regulation 8 of the Social Security (Incapacity Benefit) Regulations 1994 (limit of earnings from councillor’s allowance) substitute—

(8)

(1) For the purpose of section 30E(1) of the Contributions and Benefits Act (incapacity benefit: reduction for councillor’s allowance) the prescribed amount is 16 x National Minimum Wage, subject to paragraph (3).

(2) In this regulation “National Minimum Wage” means the rate of the national minimum wage specified in regulation 11 of the National Minimum Wage Regulations 1999 (rate of the national minimum wage).

(3) Where the amount determined by the calculation in paragraph (1) would, but for this paragraph, include an amount of–

(a) less than 50p, that amount shall be rounded up to the nearest 50p; or

(b) less than £1 but more than 50p, that amount shall be rounded up to the nearest £1.

Section 6 Amendments to the Social Security (Incapacity for Work) (General) Regulations 1995

(1) The Social Security (Incapacity for Work) (General) Regulations 1995 are amended as follows.

(2) In regulation 2(1) (interpretation), in the definition of “medical evidence”, after “medical evidence” insert “, except in regulation 16A,”.

(3) In regulation 16A (persons to be treated as capable of work at the end of the period covered by medical evidence)—

(a) the existing provision becomes paragraph (1);

(b) in paragraph (1)(a) omit “in accordance with regulation 28(2)(a)”; and

(c) after paragraph (1) add—

(2) In this regulation “medical evidence” means evidence provided under regulation 2 or 5 of the Social Security (Medical Evidence) Regulations 1976 .

(4) In regulation 17 (exempt work)—

(a) in paragraphs (3) and (4), for “£95.00” substitute “16 x National Minimum Wage, subject to paragraph (10),”;

(b) in paragraph (8) after the definition of “less than 16 hours a week” insert—

“National Minimum Wage” means the rate of the national minimum wage specified in regulation 11 of the National Minimum Wage Regulations 1999 (rate of the national minimum wage);

(c) after paragraph (9) add—

(10) Where the amount determined by the calculation in paragraphs (3) and (4) would, but for this paragraph, include an amount of–

(a) less than 50p, that amount shall be rounded up to the nearest 50p; or

(b) less than £1 but more than 50p, that amount shall be rounded up to the nearest £1.

Section 7 Amendments to the Jobseeker’s Allowance Regulations 1996

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

(2) In regulation 55(4) (short periods of sickness) omit “12 weeks of an entitlement of his to employment and support allowance or”.

(3) In regulation 96 (date on which income is treated as paid)—

(a) in paragraph (1) for “to (4) apply” substitute “applies”; and

(b) omit paragraphs (3) and (4) .

(4) In regulation 97(1) (calculation of weekly amount of income) omit “and regulation 96(3) (date on which income is treated as paid) ”.

(5) In regulation 103(1) (calculation of income other than earnings) omit “and regulation 96(3) and (4) (date on which income is treated as paid) ”.

(6) In Schedule 1 (applicable amounts)—

(a) in paragraph 15A (enhanced disability premium), after sub-paragraph (1) insert–

(1A) Where the condition in sub-paragraph (1) ceases to be satisfied because of the death of a child or young person, the condition is that the claimant is entitled to child benefit in respect of that person under section 145A of the Benefits Act (entitlement after death of child or qualifying young person).

(b) in paragraph 16 (disabled child premium)–

(i) after sub-paragraph (1)(a) omit “or”,

(ii) after sub-paragraph (1)(b) insert–

; or

(c) a child or young person in respect of whom section 145A of the Benefits Act (entitlement after death of child or qualifying young person) applies for the purposes of entitlement to child benefit but only for the period prescribed under that section, and in respect of whom a disabled child premium was included in the claimant’s applicable amount immediately before the death of that child or young person, or ceased to be included in the claimant’s applicable amount because of that child or young person’s death.

(iii) in sub-paragraph (2), after “condition” insert “in sub-paragraph (1)(a) or (b)”.

(7) In Schedule 2 (housing costs)—

(a) in paragraph 13(1) for “sub-paragraphs (2) and (2A)” substitute “sub-paragraph (2A)”;

(b) omit paragraph 13(2); and

(c) in paragraph 13(5)(b) after “income” insert “equal to or”.

Section 8 Amendments to the Social Security and Child Support (Decisions and Appeals) Regulations 1999

In Schedule 3B to the Social Security and Child Support (Decisions and Appeals) Regulations 1999 (date on which change of circumstances takes effect where claimant entitled to state pension credit)—

(a) for paragraph 1(b) substitute–

(b) except as provided in the following paragraphs–

(i) where state pension credit is paid in advance, from the day that change occurs or is expected to occur if either of those days is the first day of a benefit week but if it is not from the next following such day;

(ii) where state pension credit is paid in arrears, from the first day of the benefit week in which that change occurs or is expected to occur.

(b) in paragraph 2, after “has changed” insert “or that the claimant becomes entitled to disability living allowance (middle or higher rate care component) or to attendance allowance”;

(c) in paragraph 7 , for “paragraphs 9 and 10” substitute “paragraph 8A”; and

(d) for paragraphs 9 and 10 substitute–

(8A) Where the relevant change of circumstances is the death of the claimant, the superseding decision shall take effect on the first day of the benefit week next following the date of death.

Section 9 Amendments to the Social Security (Work-focused Interviews for Lone Parents) and Miscellaneous Amendments Regulations 2000

(1) The Social Security (Work-focused Interviews for Lone Parents) and Miscellaneous Amendments Regulations 2000 are amended as follows.

(2) In regulation 2 (general requirement for lone parents claiming or entitled to income support to take part in an interview)—

(a) for paragraph (1), substitute—

(1) Subject to this regulation and regulations 2ZA , 2A and 4 to 6, a lone parent who falls within any of paragraphs (2) to (4) is required to take part in an interview.

(b) for paragraph (8), substitute—

(8) In this regulation, “relevant interview” means an interview under these Regulations in relation to the lone parent’s current award of income support.

(3) In regulation 2A(3), omit “or 2B”.

(4) Omit—

(a) regulation 2B (requirement for certain lone parents in certain areas to take part in an interview);

(b) regulation 4(4) (circumstances where requirement to take part in an interview does not apply); and

(c) Schedule 3 (areas for the purposes of regulation 2B).

(5) In regulation 4(3) (circumstances where requirement to take part in an interview does not apply), for “2ZA, 2A and 2B” substitute “2ZA and 2A”.

(6) In regulation 5(2) (deferment of requirement to take part in an interview), for “2, 2ZA, 2A and 2B” substitute “2, 2ZA and 2A”.

(7) In regulation 6(2)(a) (waiver), for “2, 2ZA, 2A and 2B” substitute “2, 2ZA and 2A”.

(8) In regulation 7(3)(b) (consequences of a failure to take part in an interview), for “2(3) or (4), 2ZA, 2A or 2B” substitute “2(3) or (4), 2ZA or 2A”.

Section 10 Amendments to the Social Security (Jobcentre Plus Interviews) Regulations 2002

Regulation 4 of the Social Security (Jobcentre Plus Interviews) Regulations 2002 (continuing entitlement to specified benefit dependent on an interview) is amended as follows—

(a) at the end of paragraph (2)(i) insert “or”;

(b) omit paragraph (2)(iii) and (iv); and

(c) for paragraph (5A) substitute—

(5A) In this regulation, “relevant interview” means an interview under these Regulations in relation to the lone parent’s current award of the specified benefit.

Section 11 Amendments to the Social Security (Working Tax Credit and Child Tax Credit) (Consequential Amendments) Regulations 2003

The Social Security (Working Tax Credit and Child Tax Credit) (Consequential Amendments) Regulations 2003 are amended as follows—

(a) in regulation 7 (income support - transitional arrangements) omit paragraphs (6) and (7); and

(b) in regulation 8 (jobseeker’s allowance - transitional arrangements) omit paragraphs (5) and (6).

Section 12 Amendments to the Housing Benefit Regulations 2006

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

(2) In paragraph 15 of Schedule 3 (enhanced disability premium)—

(a) after sub-paragraph (1) insert–

(1A) Where the condition in sub-paragraph (1) ceases to be satisfied because of the death of a child or young person, the condition is that the claimant is entitled to child benefit in respect of that person under section 145A of the Act (entitlement to child benefit after death of child or qualifying young person).

(b) in sub-paragraph (2), for “An enhanced disability premium shall not be applicable in respect of” substitute “The condition is not satisfied if the person to whom sub-paragraph (1) refers is”.

(3) In paragraph 16 of Schedule 3 (disabled child premium) for sub-paragraph (c) substitute—

(c) is a child or young person in respect of whom section 145A of the Act (entitlement to child benefit after death of child or qualifying young person) applies for the purposes of entitlement to child benefit but only for the period prescribed under that section, and in respect of whom a disabled child premium was included in the claimant’s applicable amount immediately before the death of that child or young person, or ceased to be included in the claimant’s applicable amount because of that child or young person’s death.

(4) Omit paragraph 48 of Schedule 6 (capital to be disregarded: child maintenance bonus).

Section 13 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 paragraph 7 of Schedule 3 (enhanced disability premium)—

(a) the existing provision becomes sub-paragraph (1);

(b) for “The condition” substitute “Subject to sub-paragraph (2), the condition”; and

(c) after sub-paragraph (1) add–

(2) Where the condition in sub-paragraph (1) ceases to be satisfied because of the death of a child or young person, the condition is that the claimant is entitled to child benefit in respect of that person under section 145A of the Act (entitlement after death of child or qualifying young person).

(3) In paragraph 8 of Schedule 3 (disabled child premium) for sub-paragraph (c) substitute—

(c) is a child or young person in respect of whom section 145A of the Act (entitlement after death of child or qualifying young person) applies for the purposes of entitlement to child benefit but only for the period prescribed under that section, and in respect of whom a disabled child premium was included in the claimant’s applicable amount immediately before the death of that child or young person, or ceased to be included in the claimant’s applicable amount because of that child or young person’s death.

Section 14 Amendments to the Council Tax Benefit Regulations 2006

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

(2) In paragraph 15 of Schedule 1 (enhanced disability premium)—

(a) after sub-paragraph (1) insert–

(1A) Where the condition in sub-paragraph (1) ceases to be satisfied because of the death of a child or young person, the condition is that the claimant is entitled to child benefit in respect of that person under section 145A of the Act (entitlement after death of child or qualifying young person).

(b) in sub-paragraph (2), for “An enhanced disability premium shall not be applicable in respect of” substitute “The condition is not satisfied if the person to whom sub-paragraph (1) refers is”.

(3) In paragraph 16 of Schedule 1 (disabled child premium) for sub-paragraph (c) substitute—

(c) is a child or young person in respect of whom section 145A of the Act (entitlement after death of child or qualifying young person) applies for the purposes of entitlement to child benefit but only for the period prescribed under that section, and in respect of whom a disabled child premium was included in the claimant’s applicable amount immediately before the death of that child or young person, or ceased to be included in the claimant’s applicable amount because of that child or young person’s death.

(4) Omit paragraph 50 of Schedule 5 (capital to be disregarded: child maintenance bonus).

Section 15 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 paragraph 7 of Schedule 1 (enhanced disability premium)—

(a) the existing provision becomes sub-paragraph (1);

(b) for “The condition” substitute “Subject to sub-paragraph (2), the condition”; and

(c) after sub-paragraph (1) add–

(2) Where the condition in sub-paragraph (1) ceases to be satisfied because of the death of a child or young person, the condition is that the claimant is entitled to child benefit in respect of that person under section 145A of the Act (entitlement after death of child or qualifying young person).

(3) In paragraph 8 of Schedule 1 (disabled child premium) for sub-paragraph (c) substitute—

(c) is a child or young person in respect of whom section 145A of the Act (entitlement after death of child or qualifying young person) applies for the purposes of entitlement to child benefit but only for the period prescribed under that section, and in respect of whom a disabled child premium was included in the claimant’s applicable amount immediately before the death of that child or young person, or ceased to be included in the claimant’s applicable amount because of that child or young person’s death.

Section 16 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)—

(a) after the definition of “first contribution condition” insert—

“First-tier Tribunal” has the meaning given by section 3(1) of the Tribunals, Courts and Enforcement Act 2007 ;

(b) in the definition of “medical evidence”, after “medical evidence” insert “, except in regulation 32A,”; and

(c) after the definition of “mobility supplement” insert—

“National Minimum Wage” means the rate of the national minimum wage specified in regulation 11 of the National Minimum Wage Regulations 1999 (rate of the national minimum wage);

(3) In regulation 30(3) (conditions for treating a claimant as having limited capability for work until a determination about limited capability for work has been made), for “an appeal tribunal constituted under Chapter 1 of Part 1 of the Social Security Act 1998” substitute “the First-tier Tribunal”.

(4) In regulation 32A (claimants to be treated as not having limited capability for work at the end of the period covered by medical evidence)—

(a) the existing provision becomes paragraph (1);

(b) in paragraph (1)(a) omit “in accordance with regulation 30(2)(a)”; and

(c) after paragraph (1) add–

(2) In this regulation “medical evidence” means evidence provided under regulation 2 or 5 of the Medical Evidence Regulations.

(5) In regulation 45 (exempt work)—

(a) in paragraphs (3) and (4) for “£95.00” substitute “16 x National Minimum Wage, subject to paragraph (9A),”; and

(b) after paragraph (9) insert—

(9A) Where the amount determined by the calculation in paragraphs (3) and (4) would, but for this paragraph, include an amount of–

(a) less than 50p, that amount shall be rounded up to the nearest 50p; or

(b) less than £1 but more than 50p, that amount shall be rounded up to the nearest £1.

(6) In regulation 76 (deductions for councillor’s allowance)—

(a) in paragraph (1) for “£95.00” substitute “16 x National Minimum Wage, subject to paragraph (3)”; and

(b) after paragraph (2) add—

(3) Where the amount determined by the calculation in paragraph (1) would, but for this paragraph, include an amount of–

(i) less than 50p, that amount shall be rounded up to the nearest 50p; or

(ii) less than £1 but more than 50p, that amount shall be rounded up to the nearest £1.

(7) In regulation 93 (date on which income is treated as paid)—

(a) in paragraph (1) omit “or (3)”; and

(b) omit paragraphs (3) and (4).

(8) In regulation 104(1) (calculation of income other than earnings) omit “and regulation 93(3) and (4) (date on which income is treated as paid) ”.

(9) In regulation 149(1) (linking rules-limited capability for work), after “employment and support allowance” add “until it is determined whether that beneficiary has, or is treated as having, limited capability for work following a limited capability for work assessment”.

(10) In regulation 150 (linking rules-limited capability for work-related activity) after “employment and support allowance” add “until it is determined whether that beneficiary has, or is treated as having, limited capability for work-related activity in accordance with regulation 34 or 35”.

(11) In Schedule 6 (housing costs)—

(a) in paragraph 6(5)(b) after “income” insert “equal to or”;

(b) in paragraph 15(1) omit “Subject to sub-paragraph (2),”;

(c) omit paragraph 15(2); and

(d) in paragraph 15(8)—

(i) in paragraph (b) after “income” insert “equal to or”, and

(ii) after paragraph (b) insert–

(bb) an amount of contributory allowance payable in respect of a claimant under section 2 that is equal to, or exceeds, the applicable amount in the claimant’s case; or

(12) In paragraphs 5, 6 and 7 of Schedule 7 (sums to be disregarded in the calculation of earnings), for “£95.00”, wherever it appears, substitute “16 x National Minimum Wage”.

(13) In Schedule 8 (sums to be disregarded in the calculation of income other than earnings) in paragraph 7, for sub-paragraph (3) substitute—

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