The Social Security (Miscellaneous Amendments) (No. 2) Regulations 2013

• Citation: S.I. 2013/1508
• Sections: 8

Section 1 Citation and commencement

(1) These Regulations may be cited as the Social Security (Miscellaneous Amendments) (No. 2) Regulations 2013.

(2) These Regulations come into force—

(a) except in relation to regulations 3(2), (5) and (9), 4(2) and 5(3) and (4), on 29th July 2013; and

(b) in relation to regulations 3(2), (5) and (9), 4(2) and 5(3) and (4), on 29th October 2013.

Section 2 Amendment of the Social Security (Claims and Payments) Regulations 1987

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

(2) In regulation 2(1) (interpretation), after the definition of “the 2002 Act” insert—

“the 2013 Regulations ” means the Universal Credit, Personal Independence Payment, Jobseeker’s Allowance and Employment and Support Allowance (Claims and Payments) Regulations 2013;

(3) In Schedule 9 (deductions from benefit and direct payment to third parties), after paragraph 7C(6) (eligible loans) insert—

(6A) The Secretary of State shall not make deductions from a benefit mentioned in sub-paragraph (2) where the borrower is in receipt of any benefit within the meaning of “eligible benefit” in paragraph 11(8) (eligible loans) of Schedule 6 (deductions from benefit and direct payment to third parties) to the 2013 Regulations unless the amount of benefit mentioned in that definition is insufficient to meet the deduction.

(4) In Schedule 9B (deductions from benefit in respect of child support maintenance and payment to persons with care) , after paragraph 2(2) (deductions) insert—

(2A) Where paragraph 5 (flat rate maintenance) of Schedule 7 (deductions from benefit in respect of child support maintenance and payment to persons with care) to the 2013 Regulations applies, the Secretary of State shall not make deductions under paragraphs 5 and 6 of this Schedule, unless the amount of “specified benefit” within the meaning of paragraph 1 of Schedule 7 to the 2013 Regulations is insufficient to meet the deduction under paragraph 5 of that Schedule.

Section 3 Amendment of the Universal Credit Regulations 2013

(1) The Universal Credit Regulations 2013 are amended as follows.

(2) In regulation 2 (interpretation) in the definition of “attendance allowance”, omit paragraph (c).

(3) In regulation 4(6) (when a person is responsible for a child or qualifying young person)—

(a) at the beginning, insert “Subject to regulation 4A,”; and

(b) omit the words after sub-paragraph (b) (the full-out words).

(4) After regulation 4, insert—

Responsibility for children looked after by a local authority

(4A)

(1) There is excluded from regulation 4(6)(a)—

(a) any period which is in the nature of a planned short term break, or is one of a series of such breaks, for the purpose of providing respite for the person who normally cares for the child or qualifying young person;

(b) any period during which the child or qualifying young person is placed with, or continues to live with, their parent or a person who has parental responsibility for them.

(2) For the purposes of this regulation, a person has parental responsibility if they are not a foster parent and—

(a) in England and Wales, they have parental responsibility within the meaning of section 3 of the Children Act 1989 ; or

(b) in Scotland, they have any or all of the legal responsibilities or rights described in sections 1 or 2 of the Children (Scotland) Act 1995 .

(5) In regulation 9(4) (persons treated as not being in Great Britain), for sub-paragraph (e) substitute—

(e) a person who has been granted, or who is deemed to have been granted, leave outside the rules made under section 3(2) of the Immigration Act 1971 where that leave is—

(i) discretionary leave to enter or remain in the United Kingdom,

(ii) leave to remain under the Destitution Domestic Violence concession , or

(iii) leave deemed to have been granted by virtue of regulation 3 of the Displaced Persons (Temporary Protection) Regulations 2005 ;

(6) In regulation 35 (meaning of “relevant childcare”)—

(a) for paragraph (2)(b), substitute—

(b) by or under the direction of the proprietor of a school as part of the school’s activities—

(i) out of school hours, where a child has reached compulsory school age, or

(ii) at any time, where a child has not yet reached compulsory school age; or

(b) after paragraph (2)(b), insert—

(c) by a domiciliary care provider registered with the Care Quality Commission in accordance with the requirements of the Health and Social Care Act 2008 .

(c) in paragraph (3)(a) for the words from “section 2” to the end, substitute “schedule 12 to the Public Services Reform (Scotland) Act 2010 and is registered under Part 5 of that Act; or”;

(d) in paragraph (3)(b) for the words from “section 2(7) and (8)” to the end, substitute “paragraph 5 of schedule 12 to the Public Services Reform (Scotland) Act 2010; or”;

(e) in paragraph (3)(c) for the words from “section 2 of the Regulation” to the end, substitute “schedule 12 to the Public Services Reform (Scotland) Act 2010 and is registered under Part 5 of that Act”;

(f) for paragraph (4)(d) substitute—

(d) out of school hours, by a school on school premises or by a local authority;

(g) after paragraph (5), insert—

(5A) In paragraph (2)(b), “school” means a school that Her Majesty’s Chief Inspector of Education, Children’s Services and Skills is, or may be, required to inspect.

(7) In regulation 58 (permitted expenses)—

(a) in paragraph (3)(c), omit “or payment of interest”; and

(b) after paragraph (3), insert—

(3A) A deduction for a payment of interest in relation to a loan taken out for the purposes of the trade, profession or vocation may not exceed £41.

(8) In regulation 59(2) (flat rate deductions for mileage and use of home and adjustment for personal use of business premises), in the full-out words after sub-paragraph (b) omit “or motorcycle”.

(9) In regulation 98(4) (victims of domestic violence), for the definition of “domestic violence” substitute—

“coercive behaviour” means an act of assault, humiliation or intimidation or other abuse that is used to harm, punish or frighten the victim;

“controlling behaviour” means an act designed to make a person subordinate or dependent by isolating them from sources of support, exploiting their resources and capacities for personal gain, depriving them of the means needed for independence, resistance or escape or regulating their everyday behaviour;

“domestic violence” means any incident, or pattern of incidents, of controlling behaviour, coercive behaviour, violence or abuse, including but not limited to—

psychological abuse;

physical abuse;

sexual abuse;

emotional abuse;

financial abuse,

regardless of the gender or sexuality of the victim;.

(10) In Schedule 4 in paragraph 24(4) (core rent for joint tenants) and paragraph 35(4) (determining the amount from which HCC deductions are to be made: joint tenants), after ““C” is the number of listed persons” insert “liable to make relevant payments”.

(11) In paragraph 2(3) of Schedule 8 (circumstances in which a claimant is to be treated as having limited capability for work – in hospital), for “overnight or for a longer period” substitute “for a period of 24 hours or longer”.

Section 4 Amendment of the Jobseeker’s Allowance Regulations 2013

(1) The Jobseeker’s Allowance Regulations 2013 are amended as follows.

(2) In regulation 15(5) (victims of domestic violence), for the definition of “domestic violence” substitute—

“coercive behaviour” means an act of assault, humiliation or intimidation or other abuse that is used to harm, punish or frighten the victim;

“controlling behaviour” means an act designed to make a person subordinate or dependent by isolating them from sources of support, exploiting their resources and capacities for personal gain, depriving them of the means needed for independence, resistance or escape or regulating their everyday behaviour;

“domestic violence” means any incident, or pattern of incidents, of controlling behaviour, coercive behaviour, violence or abuse, including but not limited to—

psychological abuse;

physical abuse;

sexual abuse;

emotional abuse;

financial abuse,

regardless of the gender or sexuality of the victim;.

(3) For regulation 44(1)(c)(i) and (ii) (persons treated as not engaged in remunerative work), substitute—

(i) a part-time fire-fighter employed by a fire and rescue authority under the Fire and Rescue Services Act 2004 or by the Scottish Fire and Rescue Service established under section 1A of the Fire (Scotland) Act 2005 ;

(4) In regulation 73(3) (calculation of earnings for share fishermen), in the substituted regulation 61(5)(b) for “£15” substitute “£20”.

(5) For paragraph 6(a) and (b) of the Schedule (sums to be disregarded in the calculation of earnings), substitute—

(a) a part-time fire-fighter employed by a fire and rescue authority under the Fire and Rescue Services Act 2004 or by the Scottish Fire and Rescue Service established under section 1A of the Fire (Scotland) Act 2005;

Section 5 Amendment of the Employment and Support Allowance Regulations 2013

(1) The Employment and Support Allowance Regulations 2013 are amended as follows.

(2) In regulation 21 (hospital patients)—

(a) in paragraph (1), after “similar institution, or” insert “on any day”; and

(b) in paragraph (3), for “overnight or for a longer period” substitute “for a period of 24 hours or longer”.

(3) In regulation 49(5) (victims of domestic violence), for the definition of “domestic violence” substitute—

“coercive behaviour” means an act of assault, humiliation or intimidation or other abuse that is used to harm, punish or frighten the victim;

“controlling behaviour” means an act designed to make a person subordinate or dependent by isolating them from sources of support, exploiting their resources and capacities for personal gain, depriving them of the means needed for independence, resistance or escape or regulating their everyday behaviour;

“domestic violence” means any incident, or pattern of incidents, of controlling behaviour, coercive behaviour, violence or abuse, including but not limited to—

psychological abuse;

physical abuse;

sexual abuse;

emotional abuse;

financial abuse,

regardless of the gender of sexuality of the victim;.

(4) In regulation 94(7) (meaning of “person in hardship”) in the definition of “attendance allowance”, omit paragraphs (c) and (d).

Section 6 Amendment of the Universal Credit, Personal Independence Payment, Jobseeker’s Allowance and Employment and Support Allowance (Claims and Payments) Regulations 2013

(1) The Universal Credit, Personal Independence Payment, Jobseeker’s Allowance and Employment and Support Allowance (Claims and Payments) Regulations 2013 are amended as follows.

(2) In regulation 9(8), after sub-paragraph (b) insert the following words (as full-out words)—

and the claim is to be treated as made on the day after the member of the couple mentioned in sub-paragraph (a) ceased to be entitled to universal credit.

(3) In Schedule 6 (deductions from benefit and direct payment to third parties)—

(a) renumber paragraph 1 (interpretation) as paragraph 1(1);

(b) in the renumbered paragraph 1(1), omit the definition of “5% of the standard allowance”;

(c) after the renumbered paragraph 1(1), add—

(2) For the purposes of this Schedule, where the relevant percentage of the standard allowance results in a fraction of a penny, that fraction is to be disregarded if it is less than half a penny and otherwise it is to be treated as a penny.

(d) in paragraph 3(3) (limitations applicable to deductions made under Schedule 6), for “five times 5%” substitute “25%”;

(e) in paragraph 4(1) (maximum amount), for “eight times 5%” substitute “40%”.

Section 7 Amendment of the Social Security (Payments on Account of Benefit) Regulations 2013

(1) The Social Security (Payments on Account of Benefit) Regulations 2013 are amended as follows.

(2) In regulation 3(1)(f) (definition of “benefit”), for “and disability living allowance” substitute “, disability living allowance and guardian’s allowance”.

(3) In regulation 13 (earnings condition)—

(a) in paragraph (2)—

(i) for “of six months” substitute “covered by the previous six complete assessment periods”; and

(ii) at the end, add “and for this purpose “assessment period” has the meaning given in regulation 21 of the Universal Credit Regulations”;

(b) for paragraph (3), substitute—

(3) Earned income for each complete assessment period in the relevant period is to be calculated for the purpose of paragraph (1) in accordance with Chapter 2 of Part 6 of the Universal Credit Regulations save that in relation to the earned income of a person who is in gainful self-employment for the purpose of regulation 64 of those Regulations, regulation 62 of those Regulations (minimum income floor) is to be disregarded.

Section 8 Amendment of the Social Security (Overpayments and Recovery) Regulations 2013

(1) Regulation 11 of the Social Security (Overpayments and Recovery) Regulations 2013 (recovery by deduction from universal credit) is amended as follows.

(2) In paragraph (2)—

(a) in sub-paragraph (a), for “8 times 5 per cent.” substitute “40 per cent.”;

(b) in sub-paragraph (b), for “5 times 5 per cent.” substitute “25 per cent.”;

(c) in sub-paragraph (c), for “3 times 5 per cent.” substitute “15 per cent.”.

(3) For paragraph (6), substitute—

(6) For the purpose of paragraph (2), where the relevant percentage of the appropriate universal credit standard allowance results in a fraction of a penny, that fraction is to be disregarded if it is less than half a penny and otherwise it is to be treated as a penny.