The Social Security (Infected Blood Capital Disregard) (Amendment) Regulations 2023

• Citation: S.I. 2023/894
• Sections: 3

Section 1 Citation, commencement and extent

(1) These Regulations may be cited as the Social Security (Infected Blood Capital Disregard) (Amendment) Regulations 2023 and come into force on 30th August 2023.

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

Section 2 Disregard for payment from estate

(1) After each of the following provisions insert the provision in paragraph (2)—

(a) paragraph 22(5) of Schedule 10 to the Income Support (General) Regulations 1987 (capital to be disregarded);

(b) paragraph 27(5) of Schedule 8 to the Jobseeker’s Allowance Regulations 1996 (capital to be disregarded);

(c) paragraph 15(5) of Schedule 5 to the State Pension Credit Regulations 2002 (Part 1 - capital disregarded for the purpose of calculating income);

(d) paragraph 24(5) of Schedule 6 to the Housing Benefit Regulations 2006 (capital to be disregarded);

(e) paragraph 16(5) of Schedule 6 to the Housing Benefit (persons who have attained the qualifying age for state pension credit) Regulations 2006 (Part 1 - capital to be disregarded generally);

(f) paragraph 27(5) of Schedule 9 to the Employment and Support Allowance Regulations 2008 (capital to be disregarded).

(2) The provision to be inserted after each of the provisions in paragraph (1) is—

(5A) Any payment out of the estate of a person, which derives from a payment to meet the recommendation of the Infected Blood Inquiry in its interim report published on 29th July 2022 made under or by the Scottish Infected Blood Support Scheme or an approved blood scheme to the estate of the person, where the payment is made to the person’s son, daughter, step-son or step-daughter.

Section 3 Amendment of the Universal Credit Regulations 2013

For regulation 76(3) of the Universal Credit Regulations 2013 (special schemes for compensation etc.) substitute—

(3) In relation to a claim for universal credit made by a person other than the diagnosed or infected person referred to in paragraph (1)(a)(i), a payment received from the scheme or trust or which derives from a payment received from the scheme or trust, is to be disregarded if it would be disregarded in relation to an award of state pension credit by virtue of paragraph 13 or 15 of Schedule 5 to the State Pension Credit Regulations 2002.