The Social Security (Income and Capital Disregards) (Amendment) Regulations 2021

• Citation: S.I. 2021/1405
• Sections: 10

Section 1 Citation, commencement and extent

(1) These Regulations may be cited as the Social Security (Income and Capital Disregards) (Amendment) Regulations 2021 and come into force on 1st January 2022.

(2) These Regulations extend to England and Wales and Scotland.

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

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

(2) In regulation 2(1) (interpretation)—

(a) in the appropriate places insert—

“child abuse payment” means a payment from a scheme established or approved by the Secretary of State for the purpose of providing compensation in respect of historic institutional child abuse in the United Kingdom;

“Windrush payment” means a payment made under the Windrush Compensation Scheme (Expenditure) Act 2020 ;

(b) in the definition of “qualifying person”, after “Grenfell Tower payment” insert “, a child abuse payment or a Windrush payment” .

(3) In regulation 42(4ZB) (notional income), for “a payment of income which is a Grenfell Tower payment” substitute—

any of the following payments of income—

(a) a Grenfell Tower payment;

(b) a child abuse payment;

(c) a Windrush payment.

(4) In regulation 48(10) (income treated as capital)—

(a) omit “or” at the end of sub-paragraph (ab);

(b) after sub-paragraph (ab) insert—

(ac) which is a child abuse payment;

(ad) which is a Windrush payment; or

(5) In regulation 51(3B) (notional capital), for “a payment of capital which is a Grenfell Tower payment” substitute—

any of the following payments of capital—

(a) a Grenfell Tower payment;

(b) a child abuse payment;

(c) a Windrush payment.

(6) In paragraph 18(8)(b) (non-dependant deductions) of Schedule 3 (housing costs), after “Grenfell Tower payment” insert “, child abuse payment or Windrush payment” .

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

(a) in paragraph 21(2), after “Grenfell Tower payment” insert “, a child abuse payment or a Windrush payment” ;

(b) in paragraph 39—

(i) for sub-paragraph (1A) substitute—

(1A) Any—

(a) Grenfell Tower payment;

(b) child abuse payment;

(c) Windrush payment.

(ii) in sub-paragraphs (2) to (6), after “Grenfell Tower payment” insert “, a child abuse payment or a Windrush payment” .

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

(a) in paragraph 22—

(i) in sub-paragraph (1A) after “Grenfell Tower payment” insert “, child abuse payment, Windrush payment” ;

(ii) in sub-paragraphs (2) to (6), after “Grenfell Tower payment” insert “, a child abuse payment or a Windrush payment” ;

(b) in paragraph 29, after “Grenfell Tower payment” insert “, child abuse payment or Windrush payment” .

Section 3 Amendment of the Jobseeker’s Allowance Regulations 1996

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

(2) In regulation 1(3) (interpretation)—

(a) in the appropriate places insert—

“child abuse payment” means a payment from a scheme established or approved by the Secretary of State for the purpose of providing compensation in respect of historic institutional child abuse in the United Kingdom;

“Windrush payment” means a payment made under the Windrush Compensation Scheme (Expenditure) Act 2020;

(b) in the definition of “qualifying person”, after “Grenfell Tower payment” insert “, a child abuse payment or a Windrush payment” .

(3) In regulation 105(10A) (notional income) after sub-paragraph (ab) insert—

(ac) a child abuse payment;

(ad) a Windrush payment;

(4) In regulation 110(10) (income treated as capital)—

(a) omit “or” at the end of sub-paragraph (ab);

(b) after sub-paragraph (ab) insert—

(ac) which is a child abuse payment;

(ad) which is a Windrush payment; or

(5) In regulation 113(3B) (notional capital), for “a payment of capital which is a Grenfell Tower payment” substitute—

any of the following payments of capital—

(a) a Grenfell Tower payment;

(b) a child abuse payment;

(c) a Windrush payment.

(6) In paragraph 17(8)(b) (non-dependant deductions) of Schedule 2 (housing costs), after “Grenfell Tower payment” insert “, child abuse payment or Windrush payment” .

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

(a) in paragraph 22(2), after “Grenfell Tower payment” insert “, a child abuse payment or a Windrush payment” ;

(b) in paragraph 41—

(i) for sub-paragraph (1A) substitute—

(1A) Any—

(a) Grenfell Tower payment;

(b) child abuse payment;

(c) Windrush payment.

(c) in sub-paragraphs (2) to (6), after “Grenfell Tower payment” insert “, a child abuse payment or a Windrush payment” .

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

(a) in paragraph 27—

(i) in sub-paragraph (1A) after “Grenfell Tower payment” insert “, child abuse payment, Windrush payment” ;

(ii) in sub-paragraphs (2) to (6), after “Grenfell Tower payment” insert “, a child abuse payment or a Windrush payment” ;

(b) in paragraph 31, after “Grenfell Tower payment” insert “, a child abuse payment or a Windrush payment” .

Section 4 Amendment of the State Pension Credit Regulations 2002

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

(2) In regulation 1(2) (interpretation)—

(a) in the appropriate places insert—

“child abuse payment” means a payment from a scheme established or approved by the Secretary of State for the purpose of providing compensation in respect of historic institutional child abuse in the United Kingdom;

“Windrush payment” means a payment made under the Windrush Compensation Scheme (Expenditure) Act 2020.

(b) in the definition of “qualifying person”, after “Grenfell Tower payment” insert “, a child abuse payment or a Windrush payment” .

(3) In paragraph 14(8) (persons residing with the claimant) of Schedule 2 (housing costs), after sub-paragraph (ba) insert—

(bb) any child abuse payment;

(bc) any Windrush payment;

(4) In paragraph 15 of Schedule 5 (income from capital)—

(a) in sub-paragraph (1A) after “Grenfell Tower payment” insert “, child abuse payment, Windrush payment” ;

(b) in sub-paragraphs (2) to (6), after “Grenfell Tower payment” insert “, a child abuse payment or a Windrush payment” .

Section 5 Amendment of the Housing Benefit Regulations 2006

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

(2) In regulation 2 (interpretation)—

(a) in the appropriate places insert—

“child abuse payment” means a payment from a scheme established or approved by the Secretary of State for the purpose of providing compensation in respect of historic institutional child abuse in the United Kingdom;

“Windrush payment” means a payment made under the Windrush Compensation Scheme (Expenditure) Act 2020;

(b) in the definition of “qualifying person”, after “Grenfell Tower payment” insert “, a child abuse payment or a Windrush payment” .

(3) In regulation 42(7A) (notional income), for “a payment of income which is a Grenfell Tower payment” substitute—

any of the following payments of income—

(a) a Grenfell Tower payment;

(b) a child abuse payment;

(c) a Windrush payment.

(4) In regulation 46(6) (income treated as capital), after “Grenfell Tower payment” insert “, a child abuse payment, a Windrush payment” .

(5) In regulation 49(4A) (notional capital), for “a payment of capital which is a Grenfell Tower payment” substitute—

any of the following payments of capital—

(a) a Grenfell Tower payment;

(b) a child abuse payment;

(c) a Windrush payment.

(6) In regulation 74(9) (non-dependant deductions), after sub-paragraph (ba) insert—

(bb) any child abuse payment;

(bc) any Windrush payment;

(7) In paragraph 35 of Schedule 5 (sums to be disregarded in the calculation of income other than earnings)—

(a) for sub-paragraph (1A) substitute—

(1A) Any—

(a) Grenfell Tower payment;

(b) child abuse payment;

(c) Windrush payment.

(b) in sub-paragraphs (2) to (6), after “Grenfell Tower payment” insert “, a child abuse payment or a Windrush payment” .

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

(a) in paragraph 24—

(i) in sub-paragraph (1A) after “Grenfell Tower payment” insert “, child abuse payment, Windrush payment” ;

(ii) in sub-paragraphs (2) to (6), after “Grenfell Tower payment” insert “, a child abuse payment or a Windrush payment” ;

(b) in paragraph 34, after “Grenfell Tower payment” insert “, child abuse payment or Windrush payment” .

Section 6 Amendment of 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)—

(a) in the appropriate places insert—

“child abuse payment” means a payment from a scheme established or approved by the Secretary of State for the purpose of providing compensation in respect of historic institutional child abuse in the United Kingdom;

“Windrush payment” means a payment made under the Windrush Compensation Scheme (Expenditure) Act 2020;

(b) in the definition of “qualifying person”, after “Grenfell Tower payment” insert “, a child abuse payment or a Windrush payment” .

(3) In regulation 55(10) (non-dependant deductions), after sub-paragraph (ba) insert—

(bb) any child abuse payment;

(bc) any Windrush payment;

(4) In paragraph 16 of Schedule 6 (capital to be disregarded)—

(a) in sub-paragraph (1A) after “Grenfell Tower payment” insert “, child abuse payment, Windrush payment” ;

(b) in sub-paragraphs (2) to (6), after “Grenfell Tower payment” insert “, a child abuse payment or a Windrush payment” .

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 regulation 2(1) (interpretation)—

(a) in the appropriate places insert—

“child abuse payment” means a payment from a scheme established or approved by the Secretary of State for the purpose of providing compensation in respect of historic institutional child abuse in the United Kingdom;

“Windrush payment” means a payment made under the Windrush Compensation Scheme (Expenditure) Act 2020;

(b) in the definition of “qualifying person”, after “Grenfell Tower payment” insert “, a child abuse payment or a Windrush payment” .

(3) In regulation 107(5A) (notional income), for “a payment of income which is a Grenfell Tower payment” substitute—

any of the following payments of income—

(a) a Grenfell Tower payment;

(b) a child abuse payment;

(c) a Windrush payment.

(4) For regulation 112(8)(b) (income treated as capital), substitute—

(b) any—

(i) Grenfell Tower payment;

(ii) child abuse payment;

(iii) Windrush payment.

(5) In regulation 115(5A) (notional capital), for “a payment of capital which is a Grenfell Tower payment” substitute—

any of the following payments of capital—

(a) a Grenfell Tower payment;

(b) a child abuse payment;

(c) a Windrush payment.

(6) In paragraph 19(8)(b) (non-dependant deductions) of Schedule 6 (housing costs), after “Grenfell Tower payment” insert “, child abuse payment or Windrush payment” .

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

(a) in paragraph 22(2), after “Grenfell Tower payment” insert “, a child abuse payment or a Windrush payment” ;

(b) in paragraph 41—

(i) for sub-paragraph (1A) substitute—

(1A) Any—

(a) Grenfell Tower payment;

(b) child abuse payment;

(c) Windrush payment.

(c) in sub-paragraphs (2) to (6), after “Grenfell Tower payment” insert “, a child abuse payment or a Windrush payment” .

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

(a) in paragraph 27—

(i) in sub-paragraph (1A) after “Grenfell Tower payment” insert “, child abuse payment, Windrush payment” ;

(ii) in sub-paragraphs (2) to (6), after “Grenfell Tower payment” insert “, a child abuse payment or a Windrush payment” ;

(b) in paragraph 31, after “Grenfell Tower payment” insert “, a child abuse payment or a Windrush payment” .

Section 8 Amendment of the Universal Credit Regulations 2013

(1) Regulation 76 of the Universal Credit Regulations 2013 (special schemes for compensation etc.) is amended as follows.

(2) In paragraph (1)(a)—

(a) after “in respect of” insert “any of the following” ;

(b) omit “or” at the end of paragraph (vi);

(c) after sub-paragraph (vi) insert—

(vii) historic institutional child abuse in the United Kingdom;

(3) At the end of paragraph (1A) insert—

(d) the scheme established by the Windrush Compensation Scheme (Expenditure) Act 2020.

Section 9 Amendment of the Social Security (Recovery of Benefits) Regulations 1997

At the end of regulation 2(2) of the Social Security (Recovery of Benefits) Regulations 1997 (exempted trusts and payments) insert—

(r) any payment made under the Windrush Compensation Scheme (Expenditure) Act 2020.

Section 10 Amendment of the Social Security (Recovery of Benefits) (Lump Sum Payments) Regulations 2008

At the end of regulation 7(2) of the Social Security (Recovery of Benefits) (Lump Sum Payments) Regulations 2008 (exempted trusts and payments) insert—

(o) any payment made under the Windrush Compensation Scheme (Expenditure) Act 2020.