The Social Security (Miscellaneous Amendments) Regulations 2013

• Citation: S.I. 2013/443
• Sections: 10

Section 1 Citation and commencement

(1) These Regulations may be cited as the Social Security (Miscellaneous Amendments) Regulations 2013 and subject to paragraphs (2) and (3) come into force on 2nd April 2013.

(2) Regulation 5(b) comes into force on 8th April 2013.

(3) Regulation 10 comes into force on 29th April 2013, immediately after the Universal Credit, Personal Independence Payment, Jobseeker’s Allowance and Employment and Support Allowance (Claims and Payments) Regulations 2013 come into force.

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

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

(2) After the definition of “liable relative” in regulation 2(1) (interpretation), insert—

“local welfare provision” means occasional financial or other assistance given by a local authority, the Scottish Ministers or the Welsh Ministers, or a person authorised to exercise any function of, or provide a service to, them, to or in respect of individuals for the purpose of—

meeting, or helping to meet, an immediate short term need—

arising out of an exceptional event, or exceptional circumstances; and

that requires to be met in order to avoid a risk to the well-being of an individual; or

enabling individuals to establish or maintain a settled home, where those individuals have been or, without the assistance, might otherwise be—

in prison, hospital, a residential care establishment or other institution; or

homeless or otherwise living an unsettled way of life;

(3) In regulation 54 (interpretation) in paragraph (e)(ii) of the definition of “payment” —

(a) omit “the payment is”; and

(b) for “rent, housing costs,” substitute “rent for which housing benefit is payable, housing costs to the extent that they are met under regulation 17(1)(e) or 18(1)(f) (housing costs),”.

(4) In Schedule 3 (housing costs) —

(a) in paragraph 3(7)(c)(ii) (circumstances in which a person is to be treated as occupying a dwelling as his home) after “pending” insert “local welfare provision or”; and

(b) in paragraph 18(7)(i) (non-dependant deductions) before “employment and support allowance” insert “income-related”.

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

(a) after paragraph 31 , insert—

(31A) Any local welfare provision.

(b) in paragraph 46 , after “section 13”, insert “, 13A”.

(6) In Schedule 10 (capital to be disregarded)—

(a) after paragraph 18 , insert—

(18A) Any local welfare provision.

(b) in paragraph 36 , after “section 13”, insert “, 13A”.

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

In paragraph 6 (fuel costs) of Schedule 9 (deductions from benefit and direct payment to third parties) to the Social Security (Claims and Payment) Regulations 1987 —

(a) in sub-paragraph (1)—

(i) for “item of mains gas or mains electricity including any charges for the reconnection of gas or disconnection or reconnection of electricity (“fuel item”)”, substitute “fuel item”; and

(ii) for “that fuel”, substitute “the fuel in respect of which the debt arose (“the relevant fuel”)”;

(b) in sub-paragraph (2)(b), for “that fuel item”, substitute “the relevant fuel”;

(c) at the end of sub-paragraph (2)(b), add “, plus such weekly amount as is required to meet any payments required to be made under a green deal plan within the meaning of section 1 of the Energy Act 2011 (“the 2011 Act ”).”;

(d) in sub-paragraph (4)(a), for “that fuel item”, substitute “the relevant fuel”; and

(e) after sub-paragraph (7), add—

(8) In this paragraph, “fuel item” means—

(a) any charge for mains gas, including for the reconnection of mains gas; and

(b) any charge for mains electricity, including any charge for the disconnection or reconnection of mains electricity and including any payments required to be made under a green deal plan within the meaning of section 1 of the 2011 Act.

Section 4 Amendments to the Jobseeker’s Allowance Regulations 1996

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

(2) After the definition of “liable relative” in regulation 1(3) (interpretation) insert—

“local welfare provision” means occasional financial or other assistance given by a local authority, the Scottish Ministers or the Welsh Ministers, or a person authorised to exercise any function of, or provide a service to, them, to or in respect of individuals for the purpose of—

meeting, or helping to meet, an immediate short term need—

arising out of an exceptional event, or exceptional circumstances; and

that requires to be met in order to avoid a risk to the well-being of an individual; or

enabling individuals to establish or maintain a settled home, where those individuals have been or, without the assistance, might otherwise be—

in prison, hospital, a residential care establishment or other institution; or

homeless or otherwise living an unsettled way of life;

(3) In regulation 25 (entitlement ceasing on a failure to comply) —

(a) in paragraph (1)(a), for “attend”, substitute “participate in an interview”;

(b) in paragraph (1)(b)(i), for the words from “that claimant” to “required to attend” substitute—

that claimant makes contact with an employment officer on the day specified in the relevant notification but fails to participate in an interview at the time specified in that notification, and the Secretary of State has informed that claimant in writing that a failure to participate in an interview, on the next occasion on which he is required to participate in an interview

(c) in paragraph (1)(b)(ii) and (iii), for “attend” substitute “participate”.

(4) In regulation 26 (time at which entitlement is to cease) —

(a) in paragraph (b), for “attend”, substitute “participate in an interview”; and

(b) in the full-out words, for “attended”, substitute “participated in an interview”.

(5) In regulation 67(2) (sanctions) —

(a) for “section 19A(2)(c) or (d)” in the first two instances where this reference appears, substitute “section 19(2)(c) or (d)”;

(b) for “section 19A(2)(c) or (d) section 19(2)(a) or (b) read with Part V” at the end of the paragraph, substitute “section 19(2)(a), (b), (c) or (d) read with Part V”.

(6) In regulation 69B (the period of reduction under section 19B: claimants ceasing to be available for employment etc. ) —

(a) in paragraph (3)(b), after “section 1(2)(a)”, insert “or (c)”;

(b) in paragraph (7), after “claim”, insert “or where regulation 3(g) of the Claims and Payments Regulations applies, the day before the suspension ends”; and

(c) in paragraph (8), after “claim”, insert “or where regulation 3(g) of the Claims and Payments Regulations applies, the date on which the suspension ends”.

(7) In regulation 70A (cases in which no reduction is to be made under section 19 or 19A) —

(a) in paragraph (3)(a), (b) and (c), for “attend” substitute “participate”; and

(b) in paragraph (4)—

(i) for sub-paragraph (a), substitute—

(a) the claimant fails to participate in an interview at the time specified in a relevant notification, but makes contact with an employment officer in the manner set out in the notification on the day specified in the notification;

(ii) in sub-paragraph (b), for the words from “the Secretary of State” to “required to attend”, substitute—

the Secretary of State has informed the claimant in writing that a failure to participate in an interview at the time specified in a relevant notification, on the next occasion on which a claimant is required to participate in an interview

(iii) in sub-paragraphs (c), (d) and (e), for “attend”, substitute “participate in an interview at the time specified”.

(8) In regulation 75 (interpretation) —

(a) for paragraph (4), substitute—

(4) In section 19 and in this Part, “employment” means employed earner’s employment other than such employment in which a person is employed whilst participating in an employment programme falling within paragraph (1)(a) and “employed earner” shall be construed accordingly; and for the purposes of paragraph (4) of regulation 70C includes self-employment where the claimant’s income as calculated under Part VIII exceeds his applicable amount as calculated under sections 4(1), 12 and 13 of the Act.

(b) in paragraph (5), delete the definition of “employment”.

(9) In regulation 117 (interpretation) in paragraph (e)(ii) of the definition of “payment” —

(a) omit “the payment is”; and

(b) for “rent, housing costs,”, substitute “rent for which housing benefit is payable, housing costs to the extent that they are met under regulations 83(f) or 84(1)(g) (housing costs),”.

(10) After regulation 140(5) (meaning of “person in hardship”) insert—

(6) In paragraph (5)(b), “resources” does not include any sum, where applicable, specified in paragraph 6B(1) and (2) of Schedule 7 (sums to be disregarded in the calculation of income other than earnings - child tax credit and child benefit).

(11) In Schedule 2 (housing costs) —

(a) in paragraph 3(7)(c)(ii) (circumstances in which a person is to be treated as occupying a dwelling as his home), after “pending”, insert “local welfare provision or”; and

(b) in paragraph 17(7)(i) (non-dependant deductions), before “employment and support allowance”, insert “income-related”.

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

(a) after paragraph 33, insert—

(33A) Any local welfare provision.

(b) in paragraph 45 , after “section 13”, insert “, 13A”.

(13) In Schedule 8 (capital to be disregarded)—

(a) after paragraph 23, insert—

(23A) Any local welfare provision.

(b) in paragraph 35 , after “section 13”, insert “, 13A”.

Section 5 Amendments to the Social Security and Child Support (Decisions and Appeals) Regulations 1999

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

(a) for paragraph 2 substitute—

(2) Subject to paragraph 3, where the relevant change is that—

(a) the claimant’s income or the income of the claimant’s partner (other than deemed income from capital) has changed;

(b) the claimant or the claimant’s partner becomes entitled to—

(i) disability living allowance (middle or higher rate care component); or

(ii) attendance allowance; or

(c) the claimant or the claimant’s partner again receives either of the allowances mentioned in sub-paragraph (b) above immediately after the end of the period specified in paragraph 2A,

the superseding decision shall take effect on the first day of the benefit week in which that change occurs or if that is not practicable in the circumstances of the case, on the first day of the next following benefit week.

(b) in paragraph 2 (as substituted by paragraph (a) above)—

(i) omit “or” at the end of sub-paragraph (b)(i);

(ii) after sub-paragraph (b)(ii) insert—

(iii) personal independence payment (standard or enhanced rate daily living component under section 78 of the Welfare Reform Act 2012); or

(iii) in sub-paragraph (c) for “either of the allowances” substitute “any of the allowances or payments”; and

(c) after paragraph 2, insert—

(2A) A period specified for the purposes of paragraph 2 is a period when the claimant or the claimant’s partner is maintained free of charge while undergoing medical or other treatment as an in-patient in—

(a) a hospital or similar institution under—

(i) the National Health Service 2006 ;

(ii) the National Health Service (Wales) Act 2006 ; or

(iii) the National Health Service (Scotland) Act 1978 ; or

(b) a hospital or similar institution maintained or administered by the Defence Council.

Section 6 Amendments to the State Pension Credit Regulations 2002

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

(2) After the definition of “the Jobseeker’s Allowance Regulations” in regulation 1(2) (interpretation), insert—

“local welfare provision” means occasional financial or other assistance given by a local authority, the Scottish Ministers or the Welsh Ministers, or a person authorised to exercise any function of, or provide a service to, them, to or in respect of individuals for the purpose of—

meeting, or helping to meet, an immediate short term need—

arising out of an exceptional event, or exceptional circumstances; and

that requires to be met in order to avoid a risk to the well-being of an individual; or

enabling individuals to establish or maintain a settled home, where those individuals have been or, without the assistance, might otherwise be—

in prison, hospital, a residential care establishment or other institution; or

homeless or otherwise living an unsettled way of life;

(3) In Schedule 2 (housing costs)—

(a) in paragraph 4(7)(c)(ii) (circumstances in which a person is to be treated as occupying a dwelling as his home), after “pending”, insert “local welfare provision or”; and

(b) in paragraph 14(7)(g) (persons residing with the claimant) , before “employment and support allowance” insert “income-related”.

(4) In Schedule 5 (income from capital), at the end of paragraph 20(1)(d) , insert—

; or

(e) by way of local welfare provision including arrears and payments in lieu of local welfare provision; or

(f) in consequence of a reduction of council tax under section 13, 13A or 80 of the Local Government Finance Act 1992 (reduction of liability of council tax).

Section 7 Amendments to the Housing Benefit Regulations 2006

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

(2) After the definition of “local housing allowance” in regulation 2(1) (interpretation), insert—

“local welfare provision” means occasional financial or other assistance given by a local authority, the Scottish Ministers or the Welsh Ministers, or a person authorised to exercise any function of, or provide a service to, them, to or in respect of individuals for the purpose of—

meeting, or helping to meet, an immediate short term need—

arising out of an exceptional event, or exceptional circumstances; and

that requires to be met in order to avoid a risk to the well-being of an individual; or

enabling individuals to establish or maintain a settled home, where those individuals have been or, without the assistance, might otherwise be—

in prison, hospital, a residential care establishment or other institution; or

homeless or otherwise living an unsettled way of life;

(3) In regulation 7 (circumstances in which a person is or is not to be treated as occupying a dwelling as his home)—

(a) in paragraph (8)(c)(ii) , after “pending”, insert “local welfare provision or”;

(b) for paragraph (16)(c)(i) , substitute—

(i) a person to whom paragraph (16A) applies;

(c) after paragraph (16), insert—

(16A) This paragraph applies to a person (“P”) who is—

(a) detained in custody on remand pending trial;

(b) detained pending sentence upon conviction; or

(c) as a condition of bail required to reside—

(i) in a dwelling, other than a dwelling P occupies as P’s home; or

(ii) in premises approved under section 13 of the Offender Management Act 2007,

and who is not also detained in custody following sentence upon conviction.

(4) In Schedule 3 (applicable amounts)—

(a) in Part 5 (the components) for paragraph 21 substitute—

(21)

(1) Subject to paragraph 22, the claimant is entitled to one, but not both, of the components in paragraph 23 or 24 if—

(a) the claimant or the claimant’s partner has made a claim for employment and support allowance;

(b) the Secretary of State has determined that the claimant or the claimant’s partner—

(i) has limited capability for work or limited capability for work-related activity; or

(ii) is to be treated as having limited capability for work other than by virtue of regulation 30 of the Employment and Support Allowance Regulations (conditions for treating a claimant as having limited capability for work until a determination about limited capability for work has been made); and

(c) one of the following applies—

(i) the assessment phase as defined in section 24(2) of the Welfare Reform Act (interpretation) has ended;

(ii) regulation 7 of the Employment and Support Allowance Regulations (circumstances where the condition that the assessment phase has ended before entitlement to the support component or the work-related activity component arises does not apply) applies; or

(iii) the conditions in sub-paragraph (2) apply.

(2) The conditions referred to in sub-paragraph (1)(c)(iii) are—

(a) neither the claimant nor the claimant’s partner is entitled to an employment and support allowance;

(b) either is or both are entitled to be credited with earnings equal to the lower earnings limit then in force under regulation 8B(2)(a)(iv) of the Social Security (Credits) Regulations 1975 (credits for incapacity for work or limited capability for work); and

(c) paragraph (1)(c)(i) or (ii) would have applied to the claimant or the claimant’s partner (or both) had they been entitled to an employment and support allowance.

(b) in Part 7 (transitional addition) in paragraph 28 —

(i) in sub-paragraph (1)(c), after “the relevant person”, insert “satisfies the requirements of paragraph 27(1) or”;

(ii) in sub-paragraph (3)(c), after “relevant person” insert “no longer satisfying the requirements of paragraph 27(1) or”.

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

(a) after paragraph 31, insert—

(31A) Any local welfare provision.

(b) in paragraph 41 , after “section 13” insert “, section 13A”.

(6) In Schedule 6 (capital to be disregarded)—

(a) after paragraph 20, insert—

(20A) Any local welfare provision.

(b) in paragraph 37, for “or, as the case may be,”, substitute “, section 13A or”.

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) After the definition of “local housing allowance” in regulation 2(1) (interpretation), insert—

“local welfare provision” means occasional financial or other assistance given by a local authority, the Scottish Ministers or the Welsh Ministers, or a person authorised to exercise any function of, or provide a service to, them, to or in respect of individuals for the purpose of—

meeting, or helping to meet, an immediate short term need—

arising out of an exceptional event, or exceptional circumstances; and

that requires to be met in order to avoid a risk to the well-being of an individual; or

enabling individuals to establish or maintain a settled home, where those individuals have been or, without the assistance, might otherwise be—

in prison, hospital, a residential care establishment or other institution; or

homeless or otherwise living an unsettled way of life;

(3) In regulation 7 (circumstances in which a person is or is not to be treated as occupying a dwelling as his home)—

(a) in paragraph (8)(c)(ii) , after “pending”, insert “local welfare provision or”;

(b) for paragraph (16)(c)(i) , substitute—

(i) a person to whom paragraph (16A) applies;

(c) after paragraph (16), insert—

(16A) This paragraph applies to a person (“P”) who is—

(a) detained in custody on remand pending trial;

(b) detained pending sentence upon conviction; or

(c) as a condition of bail required to reside—

(i) in a dwelling, other than a dwelling P occupies as P’s home; or

(ii) in premises approved under section 13 of the Offender Management Act 2007,

and who is not also detained in custody following sentence upon conviction.

(4) In Schedule 6 (capital to be disregarded)—

(a) in paragraph 21—

(i) after sub-paragraph (1)(e), insert—

(f) by way of local welfare provision including arrears and payments in lieu of local welfare provision.

(ii) omit “or” at the end of sub-paragraph (2)(l) ; and

(iii) after sub-paragraph (2)(m) add—

(n) social fund payments

(b) after paragraph 26D , insert—

(26E) Any payment in consequence of a reduction of council tax under section 13, 13A or 80 of the Local Government Finance Act 1992 (reduction of liability for council tax), but only for a period of 52 weeks from the date of the receipt of the payment.

Section 9 Amendments to the Employment and Support Allowance Regulations 2008

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

(2) After the definition of “limited capability for work assessment” in regulation 2(1) (interpretation), insert—

“local welfare provision” means occasional financial or other assistance given by a local authority, the Scottish Ministers or the Welsh Ministers, or a person authorised to exercise any function of, or provide a service to, them, to or in respect of individuals for the purpose of—

meeting, or helping to meet, an immediate short term need—

arising out of an exceptional event, or exceptional circumstances; and

that requires to be met in order to avoid a risk to the well-being of an individual; or

enabling individuals to establish or maintain a settled home, where those individuals have been or, without the assistance, might otherwise be—

in prison, hospital, a residential care establishment or other institution; or

homeless or otherwise living an unsettled way of life;

(3) In regulation 119 (interpretation) in paragraph (d)(ii) of the definition of “payment” —

(a) omit “the payment is”; and

(b) for “rent, housing costs,”, insert “rent for which housing benefit is payable, housing costs to the extent that they are met under regulation 67(1)(c) or 68(1)(d) (housing costs),”.

(4) In paragraph 5(7)(c)(ii) of Schedule 6 (housing costs) after “pending” insert “local welfare provision or”.

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

(a) after paragraph 35, insert—

(35A) Any local welfare provision.

(b) in paragraph 44, after “section 13”, insert “, section 13A”.

(6) In Schedule 9 (capital to be disregarded)—

(a) after paragraph 23, insert—

(23A) Any local welfare provision.

(b) in paragraph 35 , after “section 13”, insert “, section 13A”.

Section 10 Amendments to the Universal Credit, Personal Independence Payment, Jobseeker’s Allowance and Employment and Support Allowance (Claims and Payments) Regulations 2013

In paragraph 8 (fuel costs) of Schedule 6 (deductions from benefit and direct payment to third parties) to the Universal Credit, Personal Independence Payment, Jobseeker’s Allowance and Employment and Support Allowance (Claims and Payments) Regulations 2013 —

(a) in sub-paragraph (2), for “item of mains gas or mains electricity, including any charges for the reconnection of gas or disconnection or reconnection of electricity (“fuel item”)”, substitute “fuel item”;

(b) in sub-paragraph (4)(b), for “that fuel item” substitute, “the fuel in respect of which the debt arose, plus such monthly amount as is required to meet any payments required to be made under a green deal plan within the meaning of section 1 of the Energy Act 2011 (“the 2011 Act”)”;

(c) after sub-paragraph (7), add—

(8) In this paragraph, “fuel item” means—

(a) any charge for mains gas, including for the reconnection of mains gas;

(b) any charge for mains electricity and including any charge for the disconnection and reconnection of mains electricity and including any payments required to be made under a green deal plan within the meaning of section 1 of the 2011 Act.