The Social Security (Treatment of Arrears of Benefit) Regulations 2018

• Citation: S.I. 2018/932
• Sections: 8

Section 1 Citation and Commencement

These Regulations may be cited as the Social Security (Treatment of Arrears of Benefit) Regulations 2018 and come into force on 11th September 2018.

Section 2 Amendment of the Income Support (General) Regulations 1987

In paragraph 7(2) of Schedule 10 to the Income Support (General) Regulations 1987 , for paragraph (a) substitute the following—

(a) paid in order to rectify, or to compensate for—

(i) an official error as defined in regulation 1(3) of the Social Security and Child Support (Decisions and Appeals) Regulations 1999, or

(ii) an error on a point of law; and

Section 3 Amendment of the Jobseeker’s Allowance Regulations 1996

In paragraph 12(2) of Schedule 8 to the Jobseeker’s Allowance Regulations 1996 , for paragraph (a) substitute the following—

(a) paid in order to rectify, or to compensate for—

(i) an official error as defined in regulation 1(3) of the Social Security and Child Support (Decisions and Appeals) Regulations 1999, or

(ii) an error on a point of law; and

Section 4 Amendment of the State Pension Credit Regulations 2002

In paragraph 20A(1) of Schedule 5 to the State Pension Credit Regulations 2002 , after “error” insert “or an error on a point of law”.

Section 5 Amendment of the Housing Benefit Regulations 2006

In paragraph 9(2) of Schedule 6 to the Housing Benefit Regulations 2006 , for paragraph (a) substitute the following—

(a) paid in order to rectify, or to compensate for—

(i) an official error as defined in regulation 1(2) of the Decisions and Appeals Regulations, or

(ii) an error on a point of law; and

Section 6 Amendment of the Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 2006

In paragraph 22(1) of Schedule 6 to the Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 2006 , after “error” insert “or an error on a point of law”.

Section 7 Amendment of the Employment and Support Allowance Regulations 2008

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

(2) In paragraph 11(2) of Schedule 9, for paragraph (a) substitute the following—

(a) paid in order to rectify, or to compensate for—

(i) an official error as defined in regulation 1(3) of the Social Security and Child Support (Decisions and Appeals) Regulations 1999, or

(ii) an error on a point of law; and

Section 8 Amendment of the Universal Credit (Transitional Provisions) Regulations 2014

After regulation 10 of the Universal Credit (Transitional Provisions) Regulations 2014 insert the following—

Arrears of benefit disregarded as capital

(10A)

(1) This regulation applies in relation to the calculation of an award of universal credit (the “current award”) where the claimant has received a payment of arrears of benefit, or a payment made to compensate for arrears due to the non-payment of benefit, of £5,000 or more, and the following conditions are met—

(a) the payment—

(i) is received during the current award; or

(ii) was received during an award of an existing benefit or state pension credit (the “earlier award”) and the claimant became entitled to the current award within one month of the date of termination of the earlier award;

(b) in the case of a payment falling within sub-paragraph (a)(i), it would be disregarded from the calculation of the claimant’s capital if the claimant were entitled to an existing benefit or state pension credit;

(c) in the case of a payment falling within sub-paragraph (a)(ii), it was disregarded from the calculation of the claimant’s capital for the purposes of the earlier award; and

(d) the period of entitlement to benefit to which the payment relates commences before the first date on which, by virtue of section 33 of the Act (abolition of benefits), no claimant is entitled to an existing benefit.

(2) Where this regulation applies, notwithstanding anything in the Universal Credit Regulations, the payment is to be disregarded from the calculation of the claimant’s capital for 12 months from the date of receipt of the payment, or until the termination of the current award (if later).