Social Security (Additional Payments) Act 2023

Means-tested additional payments

1 Means-tested additional payments: main payments

(1) The Secretary of State must secure that—

(a) a single payment of £301 is made to any person who has a qualifying entitlement to a social security benefit in respect of the first qualifying day,

(b) a single payment of £300 is made to any person who has a qualifying entitlement to a social security benefit in respect of the second qualifying day, and

(c) a single payment of £299 is made to any person who has a qualifying entitlement to a social security benefit in respect of the third qualifying day.

(2) HMRC must secure that—

(a) a single payment of £301 is made to any person who has a qualifying entitlement to child tax credit or working tax credit, but not to a social security benefit, in respect of the first qualifying day,

(b) a single payment of £300 is made to any person who has a qualifying entitlement to child tax credit or working tax credit, but not to a social security benefit, in respect of the second qualifying day, and

(c) a single payment of £299 is made to any person who has a qualifying entitlement to child tax credit or working tax credit, but not to a social security benefit, in respect of the third qualifying day.

(3) The social security benefits are—

(a) universal credit under the Welfare Reform Act 2012 or the Welfare Reform (Northern Ireland) Order 2015 (S.I. 2015/2006 (N.I. 1));

(b) state pension credit under the State Pension Credit Act 2002 or the State Pension Credit Act (Northern Ireland) 2002;

(c) an income-based jobseeker’s allowance under the Jobseekers Act 1995 or the Jobseekers (Northern Ireland) Order 1995 (S.I. 1995/2705 (N.I. 15));

(d) an income-related employment and support allowance under Part 1 of the Welfare Reform Act 2007 or Part 1 of the Welfare Reform Act (Northern Ireland) 2007;

(e) income support under section 124 of the Social Security Contributions and Benefits Act 1992 or section 123 of the Social Security Contributions and Benefits (Northern Ireland) Act 1992.

(4) The first qualifying day is such day, not later than 30 April 2023, as may be specified by the Secretary of State in regulations.

(5) Regulations under subsection (4) may specify a day before this Act or the regulations are in force.

(6) The second qualifying day is such day, not later than 31 October 2023, as may be specified by the Secretary of State in regulations.

(7) The third qualifying day is such day, not later than 29 February 2024, as may be specified by the Secretary of State in regulations.

(8) Regulations under subsections (6) and (7) may specify a day before the regulations are in force.

(9) In this section, and in sections 2 to 4, references to a “person” are to an individual or to a couple (but not to each member of a couple separately).

2 Qualifying entitlements: social security benefits

(1) A person has a qualifying entitlement to a social security benefit in respect of a qualifying day if—

(a) in respect of universal credit, the person is entitled to a payment of at least 1p in respect of an assessment period ending during the period of one month ending with the qualifying day;

(b) in respect of state pension credit, an income-based jobseeker’s allowance, an income-related employment and support allowance or income support, the person is entitled to a payment of at least 1p in respect of any day during the period of one month ending with the qualifying day.

(2) For the purposes of subsection (1)(b), a person is considered to be entitled to a payment irrespective of whether that payment is not payable as a result of—

(a) regulation 13 of the State Pension Credit Regulations 2002 (S.I. 2002/1792);

(b) regulation 13 of the State Pension Credit Regulations (Northern Ireland) 2003 (S.R. (N.I.) 2003 No. 28);

(c) regulation 87A of the Jobseeker’s Allowance Regulations 1996 (S.I. 1996/207);

(d) regulation 87A of the Jobseeker’s Allowance Regulations (Northern Ireland) 1996 (S.R. (N.I.) 1996 No. 198);

(e) regulation 26(4) or 26C(6) of the Social Security (Claims and Payments) Regulations 1987 (S.I. 1987/1968);

(f) regulation 26(4) or 26C(6) of the Social Security (Claims and Payments) Regulations (Northern Ireland) 1987 (S.R. (N.I.) 1987 No. 465).

3 Qualifying entitlements: tax credits

(1) A person has a qualifying entitlement to child tax credit or working tax credit in respect of a qualifying day if HMRC makes a payment to the person of the credit in question in respect of a day falling within the period of one month ending with that qualifying day (the “qualifying period”).

(2) References in this section to HMRC making a payment do not include—

(a) a payment made under regulation 10 of the Tax Credits (Payments by the Commissioners) Regulations 2002 (S.I. 2002/2173), where the person to whom HMRC has made the payment would not be entitled to that payment if their entitlement were assessed on any day during the qualifying period, or

(b) a payment made as a result of fraud.

4 Applicable benefits or tax credits

(1) Where a person has a qualifying entitlement to more than one social security benefit in respect of a qualifying day, the benefit by reference to which the means-tested additional payment in respect of the qualifying day is to be paid is the first benefit in the list in section 1(3) to which the person has a qualifying entitlement (if the payment is made under section 1(1)).

(2) Where a person has a qualifying entitlement to child tax credit and to working tax credit in respect of a qualifying day, the tax credit by reference to which the means-tested additional payment in respect of the qualifying day is to be paid is child tax credit (if the payment is made under section 1(2)).