Statutory Instruments

1991 No. 2284

SOCIAL SECURITY

TERMS AND CONDITIONS OF EMPLOYMENT

The Social Security (Miscellaneous Provisions) Amendment Regulations 1991

Made

15th October 1991

Laid before Parliament

15th October 1991

Coming into force

1st November 1991

The Secretary of State for Social Security, in exercise of the powers conferred by sections 104(5)(a), 115(1), 165A(1) and 166(1) to (3) of, and paragraph 2 of Schedule 13 and Schedule 20 to, the Social Security Act 1975(1) and sections 49, 51(1)(a), (b), (c), (d), (e) and (r), 54(1) and 84(1) of, and paragraph 6 of Schedule 4 to, the Social Security Act 1986(2) and of all other powers enabling him in that behalf, and after agreement by the Social Security Advisory Committee that the proposals to make these Regulations need not be referred to it(3), hereby makes the following Regulations:

Citation, commencement and interpretation

1.—(1) These Regulations may be cited as the Social Security (Miscellaneous Provisions) Amendment Regulations 1991 and shall come into force on 1st November 1991.

(2) In these Regulations—

“the Adjudication Regulations” means the Social Security (Adjudication) Regulations 1986(4); and

“the Claims and Payments Regulations” means the Social Security (Claims and Payments) Regulations 1987(5).

Amendment of regulation 69 of the Adjudication Regulations

2. In regulation 69 of the Adjudication Regulations(6) (review in income support cases), after paragraph (4) there shall be added the following paragraphs—

“(5) Where a claimant in receipt of income support, other than a claimant to whom Part II of Schedule 4 to the Income Support (General) Regulations 1987(7) applies, lives in a nursing home or residential care home and he is absent from the home for a period of less than one week, that absence shall not be treated as a relevant change of circumstances for the purposes of section 104(1)(b) and (bb) of the 1975 Act(8).

(6) In paragraph (5), “nursing home” and “residential care home” have the same meanings as they have in regulation 19 of the Income Support (General) Regulations 1987(9).”.

Insertion of regulation 69A into the Adjudication Regulations

3. After regulation 69 of the Adjudication Regulations (review in income support cases) there shall be inserted the following regulation—

“Repayment of student loan not a change of circumstances

69A. The repayment of a loan to which regulation 66A of the Income Support (General) Regulations 1987(10) (treatment of student loans) applies shall not be treated as a relevant change of circumstances for the purposes of section 104(1)(b) and (bb) of the 1975 Act.”.

Insertion of regulation 70A into the Adjudication Regulations

4. After regulation 70 of the Adjudication Regulations (review in family credit cases) there shall be inserted the following regulation—

“Repayment of student loan not a change of circumstances

70A. The repayment of a loan to which regulation 42A of the Family Credit (General) Regulations 1987(11) (treatment of student loans) applies shall not be treated as a relevant change of circumstances for the purposes of section 104(1)(b) and (bb) of the 1975 Act(12).”.

Amendment of regulation 2 of the Claims and Payments Regulations

5. In regulation 2(1) of the Claims and Payments Regulations(13) (interpretation) the definition of “period of cold weather” shall be omitted.

Amendment of regulation 6(3) of the Claims and Payments Regulations

6. In regulation 6(3) of the Claims and Payments Regulations(14) (date of claim) the words “or expenses for heating which appear to the Secretary of State to have been or to be likely to be incurred in cold weather” shall be omitted.

Amendment of regulation 13 of the Claims and Payments Regulations

7.—(1) In regulation 13 of the Claims and Payments Regulations (advance claims and awards), at the beginning of paragraph (3) there shall be added the words “Subject to paragraph (4),”.

(2) After paragraph (3), there shall be added the following paragraphs—

“(4) Paragraphs (1) and (2) of this regulation shall apply to a claim for family credit made—

(a)on or after 10th March 1992 and before 7th April 1992;

(b)in respect of a period beginning on or after 7th April 1992; and

(c)by a person who, or, if he is a member of a married or unmarried couple, he or the other member of the couple, is engaged and normally engaged in remunerative work for not less than 16 but less than 24 hours a week on the date the claim is made.

(5) In paragraph (4)(c) “remunerative work” and “engaged and normally engaged in remunerative work” shall be construed in accordance with regulations 4 and 5 respectively of the Family Credit (General) Regulations 1987(15).”.

Omission of regulation 15A of the Claims and Payments Regulations

8. Regulation 15A of the Claims and Payments Regulations(16) (cold weather payments) shall be omitted.

Amendment of regulation 19 of the Claims and Payments Regulations

9. In regulation 19 of the Claims and Payments Regulations(17) (time for claiming benefit) in paragraph (4) the words “or expenses for heating which appear to the Secretary of State to have been or to be likely to be incurred in cold weather” shall be omitted.

Amendment of paragraph 7 of Schedule 4 to the Claims and Payments Regulations

10. In paragraph 7 of Schedule 4 to the Claims and Payments Regulations (prescribed times for claiming benefit) after sub-paragraph (b) there shall be inserted the following paragraph—

“(c)where a claim for family credit is treated as if made for a period beginning with the relevant day by virtue of regulation 13 of these Regulations, the period beginning on 10th March 1992 and ending on 6th April 1992.”.

Amendment of Schedule 4 to the Claims and Payments Regulations

11. Paragraph 9A of Schedule 4 to the Claims and Payments Regulations (cold weather payments) shall be omitted.

Amendment of paragraph 1 of Schedule 9 to the Claims and Payments Regulations

12.—(1) In paragraph 1 of Schedule 9 to the Claims and Payments Regulations (interpretation)—

(a)for the definitions of “5 per cent. of the personal allowance for the single claimant aged not less than 25” and of “10 per cent. of the personal allowance for the single claimant aged not less than 25”(18) there shall be substituted the following definition—

““5 per cent. of the personal allowance for a single claimant aged not less than 25” means where the percentage is not a multiple of 5 pence the sum obtained by rounding that 5 per cent. to the next higher such multiple;”;

(b)after the definition of “5 per cent. of the personal allowance for a single claimant aged not less than 25” there shall be inserted the following definition—

““hostel” means a building other than a residential care home or nursing home within the meaning of regulation 19(3) of the Income Support Regulations(19) or residential accommodation within the meaning of regulation 21(3) of those Regulations(20)—
(a)
in which there is provided for persons generally, or for a class of persons, accommodation, otherwise than in separate and selfcontained premises, and either board or facilities of a kind set out in paragraph 4A(1)(d) below adequate to the needs of those persons and—
(b)
which is—
(i)
managed by or owned by a housing association registered with the Housing Corporation established by the Housing Act 1964(21); or
(ii)
managed or owned by a housing association registered with Scottish Homes established by the Housing (Scotland) Act 1988(22), or
(iii)
operated other than on a commercial basis and in respect of which funds are provided wholly or in part by a government department or a local authority; or
(iv)
managed by a voluntary organisation or charity and provides care, support or supervision with a view to assisting those persons to be rehabilitated or resettled within the community.
(c)
In sub-paragraph (iv) above, “voluntary organisation” shall mean a body the activities of which are carried out otherwise than for profit, but shall not include any public or local authority;”;

(c)after the definition of “hostel” there shall be inserted the following definition—

““housing authority” means a local authority, a new town corporation, Scottish Homes or the Development Board for Rural Wales;”;

(d)in the definition “housing costs”—

(i)for the words “paragraph 1(a)” there shall be substituted the words “paragraph 1(a), (aa),”; and

(ii)after the word “Regulations” there shall be added the words “and payments analogous to those specified in this definition”;

(e)in the definition “mortgage payment” for the words “interest on a mortgage” there shall be substituted the words “interest on a loan whether or not secured by way of a mortgage or under an heritable security”;

(f)in the definition “personal allowance for a single claimant aged not less than 25 years” for the words “paragraph 1(1)(c)” there shall be substituted the words “paragraph 1(1)(e)”; and

(g)after the definition “water charges” there shall be added the following definition—

““water undertaker” means a company which has been appointed under section 11(1) of the Water Act 1989(23) to be the water or sewerage undertaker for any area in England and Wales.”.

Amendment of paragraph 2(1) of Schedule 9 to the Claims and Payments Regulations

13. In paragraph 2(1) of Schedule 9 to the Claims and Payments Regulations (general) after paragraph (b) there shall be inserted the following paragraph—

“(bb)hostel payments;”.

Amendment of paragraph 4 of Schedule 9 to the Claims and Payments Regulations

14. In paragraph 4 of Schedule 9 to the Claims and Payments Regulations(24) (miscellaneous accommodation costs)—

(a)in sub-paragraph (1) for the reference “14” (Polish resettlement) in each place where it occurs there shall be substituted the reference “13A” (Polish resettlement); and

(b)in sub-paragraph (3)(a) for the words “divided by the number of days in the part-week” there shall be substituted the words “divided by 7 and multiplied by the number of days in the part-week”.

Insertion of paragraph 4A into Schedule 9 to the Claims and Payments Regulations

15. After paragraph 4 of Schedule 9 to the Claims and Payments Regulations (miscellaneous accommodation costs) there shall be inserted the following paragraph—

“Hostel payments

4A.—(1) This paragraph applies to a beneficiary if—

(a)he has been awarded specified benefit; and

(b)he or his partner has claimed housing benefit in the form of a rent rebate or rent allowance; and

(c)he or his partner is resident in a hostel; and

(d)the charge for that hostel includes a payment, whether direct or indirect, for one or more of the following services—

(i)water;

(ii)a service charge for fuel;

(iii)meals;

(iv)laundry;

(v)cleaning (other than communal areas).

(2) Subject to sub-paragraph (3) below, where a beneficiary or his partner has been awarded specified benefit the adjudicating authority may determine that an amount of specified benefit shall be paid to the person or body to whom the charges referred to in sub-paragraph (1)(d) above are or would be payable.

(3) The amount of any payment to a third party under this paragraph shall be either—

(a)the aggregate of the amounts determined by a housing authority in accordance with the provisions specified in sub-paragraph (4); or

(b)if no amount has been determined under paragraph (a) of this subparagraph, an amount which the adjudicating authority estimates to be the amount which is likely to be so determined.

(4) The provisions referred to in sub-paragraph (3)(a) above are regulation 10(6) of, and paragraphs 1(a)(ii) and (iv), 1A and either 5(2) or 5(2A) or 5(3) of Schedule 1 to, the Housing Benefit Regulations(25).

(5) Sub-paragraph (2) above shall not apply to a deduction in respect of a service charge for fuel if that charge is one such as is mentioned in paragraph 5(5) of Schedule 1 to the Housing Benefit Regulations (variable service charges for fuel) unless the adjudicating authority is satisfied on the evidence available at the date of the determination that the amount of the charge does not normally alter more than twice in any one year.

(6) Where an award of income support is calculated in accordance with regulation 73(1) of the Income Support Regulations(26) (calculation of income support for partweeks) the amount of any payment of income support to a third party determined under sub-paragraph (2) above shall be an amount calculated in accordance with sub-paragraph (3)(a) or (b) above divided by 7 and multiplied by the number of days in the part-week and no payment shall be made to a third party under this subparagraph where the Secretary of State certifies it would be impracticable to do so in that particular case.”.

Amendment of paragraph 5 of Schedule 9 to the Claims and Payments Regulations

16. In paragraph 5(6) of Schedule 9 to the Claims and Payments Regulations (service charges for fuel etc.) the words “(that 5 per cent. being, where it is not a multiple of 5 pence, rounded to the next higher such multiple)” shall be omitted.

Amendment of paragraph 6 of Schedule 9 to the Claims and Payments Regulations

17. In paragraph 6 of Schedule 9 to the Claims and Payments Regulations (fuel costs)—

(a)for sub-paragraph (2)(a) of paragraph 6 there shall be substituted the following paragraph—

“(a)in respect of each debt to which sub-paragraph (1) applies (“the original debt”), a weekly amount equal to 5 per cent. of the personal allowance for a single claimant aged not less than 25 for such period as is necessary to discharge the original debt, but the aggregate of the amounts, calculated under this paragraph shall not exceed twice 5 per cent. of the personal allowance for a single claimant aged not less than 25;”;

(b)sub-paragraphs (3), (5) and (7) shall be omitted;

(c)in sub-paragraph (6) the words “,before any application of sub-paragraph (5),” shall be omitted.

Amendment of paragraph 7 of Schedule 9 to the Claims and Payments Regulations

18. For paragraph 7 of Schedule 9 to the Claims and Payments Regulations (water charges) there shall be substituted the following paragraph—

“Water charges

7.—(1) This paragraph does not apply where water charges are paid with rent; and in this paragraph “original debt” means the debt to which sub-paragraph (2) applies, including any reconnection charges arising out of that debt.

(2) Where a beneficiary or his partner is liable, whether directly or indirectly, for water charges and is in debt for those charges, the adjudicating authority may determine, subject to paragraph 8, that a weekly amount of the specified benefit shall be paid either to a water undertaker to whom that debt is owed, or to the person or body authorised to collect water charges for that undertaker, except where—

(a)water charges are determined by means of a water meter and the debt is less than half the charge which the adjudicating authority estimates to be the annual charge; or

(b)in any other case the debt is less than half the annual charge,

and in such cases the adjucating authority shall make the determination only if in the opinion of that authority it would be in the interests of the family to do so.

(3) Where water charges are determined by means of a water meter, the weekly amount to be paid under sub-paragraph (2) shall be the aggregate of—

(a)in respect of the original debt, an amount equal to 5 per cent. of the personal allowance for a single claimant aged not less than 25 years; and

(b)the amount which the adjudicating authority estimates to be the average weekly cost necessary to meet the continuing need for water consumption.

(4) Where the sum estimated in accordance with sub-paragraph (3)(b) proves to be greater or less than the average weekly cost necessary to meet the continuing need for water consumption so that a beneficiary or his partner accrues a credit, or as the case may be a further debt, the adjudicating authority may determine that the sum so estimated shall be adjusted for a period of 26 weeks to take account of that credit or further debt.

(5) Where water charges are determined other than by means of a water meter the weekly amount to be paid under sub-paragraph (2) shall be the aggregate of—

(a)the amount referred to in sub-paragraph (3)(a); and

(b)an amount equal to the weekly cost necessary to meet the continuing need for water consumption.

(6) When the original debt in respect of water charges is discharged, the adjudicating authority may direct that the amount deductible shall be—

(a)where water charges are determined by means of a water meter, the amount determined under sub-paragraph (3)(b) taking into account any adjustment that may have been made in accordance with sub-paragraph (4); and

(b)in any other case, the amount determined under sub-paragraph (5)(b).

(7) Where the beneficiary or his partner is in debt to two water undertakers—

(a)only one weekly amount under sub-paragraph (3)(a) or (5)(a) shall be deducted; and

(b)a deduction in respect of an original debt for sewerage shall only be made after the whole debt in respect of an original debt for water has been paid; and

(c)deductions in respect of continuing charges for both water and for sewerage may be made at the same time.

(8) Subject to paragraph 8 (maximum amount of payments to third parties), where the aggregate amount calculated in accordance with sub-paragraphs (3), (4), (5) and (6) exceeds a sum equal to 25 per cent. of the applicable amount for the family as is awarded under heads (a) to (d) of regulation 17(1)(27) or heads (a) to (e) of regulation 18(1) of the Income Support Regulations(28), a determination under this paragraph shall be made only with the consent of the beneficiary.”.

Amendment of paragraph 8 of Schedule 9 to the Claims and Payments Regulations

19. In paragraph 8 of Schedule 9 to the Claims and Payments Regulations(29) (maximum amount of payments to third parties)—

(a)in sub-paragraph (1) for the reference to “and 7(3)(a)” there shall be substituted a reference to “,7(3)(a) and 7(5)(a)”; and

(b)in sub-paragraph (2)—

(i)for the words “paragraphs 5(5), 6(6) and 7” there shall be substituted the words “paragraphs 3(2)(a), 5, 6 and 7”; and

(ii)for the words “of regulation 17” there shall be substituted the words “of regulation 17(1)”.

Amendment of paragraph 9 of Schedule 9 to the Claims and Payments Regulations

20. Sub-paragraph (4) of paragraph 9 to the Claims and Payments Regulations (priority as between certain debts) shall be omitted.

Amendment of paragraph 4 of Part I of Schedule 2 to the Social Security (Medical Evidence) Regulations 1976

21. In paragraph 4 of Part I of Schedule 2 to the Social Security (Medical Evidence) Regulations 1976(30) (rules as to completion of maternity certificates)—

(a)in sub-paragraph (b), the words “where this is later than the actual confinement” shall be omitted; and

(b)in sub-paragraph (e), for the words “midwife either her registered number or address” there shall be substituted the words “registered midwife the personal identification number given to her by the United Kingdom Central Council for Nursing, Midwifery and Health Visiting (“UKCC”) on her registration in Part 10 of the register maintained under section 10 of the Nurses, Midwives and Health Visitors Act 1979(31) and the expiry date of that registration”.

Substitution of Part II of Schedule 2 to the Social Security (Medical Evidence) Regulations 1976

22. For Part II of Schedule 2 to the Social Security (Medical Evidence) Regulations 1976 (form of maternity certificate) there shall be substituted the following Part—

“PART IIFORM OF CERTIFICATE

MATERNITY CERTIFICATE

”.

Amendment of paragraph 4 of Part I of the Schedule to the Statutory Maternity Pay (Medical Evidence) Regulations 1987

23. In paragraph 4 of Part I of the Schedule to the Statutory Maternity Pay (Medical Evidence) Regulations 1987(32) (rules as to completion of maternity certificates)—

(a)in sub-paragraph (b), the words “where this is later than the actual confinement” shall be omitted; and

Substitution of Part II of the Schedule to the Statutory Maternity Pay (Medical Evidence) Regulations 1987

24. For Part II of the Schedule to the Statutory Maternity Pay (Medical Evidence) Regulations 1987 there shall be substituted the following Part—

“PART IIFORM OF CERTIFICATE

MATERNITY CERTIFICATE

Amendment of the Statutory Maternity Pay (General) Regulations 1986

25. In regulation 32 of the Statutory Maternity Pay (General) Regulations 1986(34) (penalties) for the reference to “25” there shall be substituted a reference to “25A”.”

Signed by authority of the Secretary of State for Social Security.

Ann Widdecombe

Parliamentary Under-Secretary of State,

Department of Social Security

15th October 1991

Explanatory Note

(This note is not part of the Regulations)

These Regulations amend the Social Security (Adjudication) Regulations 1986 (“the Adjudication Regulations”), the Social Security (Claims and Payments) Regulations 1987 (“the Claims and Payments Regulations”), the Statutory Maternity Pay (Medical Evidence) Regulations 1987 “the Statutory Maternity Pay Medical Evidence Regulations”), (the Statutory Maternity Pay (General) Regulations 1986 (“the Statutory Maternity Pay General Regulations”) and the Social Security (Medical Evidence) Regulations 1976 (“the Social Security Medical Evidence Regulations”).

Regulation 2 amends regulation 69 of the Adjudication Regulations so as to provide that where a person who lives in a nursing or residential care home is absent from it for less than a week that absence shall not be treated as a change of circumstances for the purposes of reviewing his award of income support.

Regulations 3 and 4 add new regulations 69A and 70A respectively to the Adjudication Regulations. They treat repayment of a student loan as not being a change of circumstances for the purposes of reviewing an award of income support or family credit.

Regulations 5, 6, 8, 9 and 11 amend the Claims and Payments Regulations by deleting references to cold weather payments from those Regulations.

Regulation 7 permits advance claims to be made for family credit during the period from 10th March 1992 to 7th April 1992 by those working not less than 16 but less than 24 hours per week when a claim is made.

Regulation 10 amends paragraph 7 of Schedule 4 to the Claims and Payments Regulations by prescribing a time for claiming benefit where claims for family credit by those working not less than 16 but less than 24 hours per week are made during the period from 10th March 1992 up to 7th April 1992.

Regulation 12 makes amendments to definitions in paragraph 1 of Schedule 9 to the Claims and Payments Regulations including inserting a definition of “hostel”. The definition of “5% of the personal allowance of a single claimant” inserted by regulation 12(1)(a) in paragraph 1 of Schedule 9 to the Claims and Payments Regulations permits the adjudicating authority to round up a sum so defined to the next 5 pence above.

Regulations 13 and 15 make provision for the deduction from a person’s benefit of sums which are paid direct to third parties in respect of certain hostel charges by amending paragraph 2(1) of, and inserting a new paragraph 4A in, Schedule 9 to the Claims and Payments Regulations.

Regulation 14 makes amendments to paragraph 4 of Schedule 9 concerning Polish resettlement and to the calculation of income support for part-weeks in relation to miscellaneous accommodation costs.

Regulation 16 amends paragraph 5 of Schedule 9 to the Claims and Payments Regulations by omitting the discretion of the adjudicating authority to “round up” a payment to a third party of service charges for fuel to the next 5 pence above.

Regulation 17 amends paragraph 6 of Schedule 9 to the Claims and Payments Regulations by making changes to the amount which may be deducted from a person’s benefit to meet debts for fuel costs.

Regulation 18 substitutes a new paragraph 7 in Schedule 9 to the Claims and Payments Regulations which makes provision for the deduction from a person’s benefit of sums which are paid direct to water undertakers.

Regulation 19 amends the provisions in paragraph 8 of Schedule 9 to the Claims and Payments Regulations in relation to the maximum amount which may be deducted from a person’s benefit and paid to third parties.

Regulation 20 revokes sub-paragraph 4 of Schedule 9 to the Claims and Payments regulations which requires the adjudicating authority to determine priority where water charges are due to two or more water undertakers.

Regulation 21 amends Part I of Schedule 2 to the Social Security Medical Evidence Regulations by amending the rules as to completion of maternity certificates and to reflect changes in the manner of registration of a midwife registered by the United Kingdom Central Council for Nursing, Midwifery and Health Visiting. Regulation 23 makes similar amendments to Part I of the Schedule to the Statutory Maternity Pay Medical Evidence Regulations.

Regulation 22 amends Part II of Schedule 2 to the Social Security Medical Evidence Regulations by providing for a new form of maternity certificate. Regulation 24 amends Part II of the Schedule to the Statutory Maternity Pay Medical Evidence Regulations by providing for a new form of maternity certificate.

Regulation 25 amends regulation 32 of the Statutory Maternity Pay (General) Regulations (Offences) to include a reference to regulation 25A of those Regulations (provision of information relating to claims for certain other benefits).

(1)

1975 c. 14. Section 104(5)(a) was amended by the Social Security Act 1989 (c. 24), Schedule 3, paragraph 11(3). The scope of section 115 was extended by section 52(3) and (6) of, and Schedule 7, paragraph 4 to, the Social Security Act 1986 (c. 50) (“the 1986 Act”), section 166(1) to (3) is applied by section 83(1) of the 1986 Act to the powers conferred by that Act to make regulations and section 165A was substituted by paragraph 87 of Schedule 10 to the 1986 Act, it was amended by the Social Security Act 1989 (c. 24), Schedule 8, paragraph 9(1) and by the Social Security Act 1990 (c. 27), section 6(1)(a). Schedule 20 is cited because of the meaning ascribed to the words “prescribe” and “regulations”.

(2)

1986 c. 50. Section 84(1) is cited because of the meaning it ascribes to the word “regulations”.

(3)

See section 61(1)(b) and (10) of the Social Security Act 1986; the definition of “regulations” was added to section 61(10) by the Social Security Act 1989 (c. 24) Schedule 8, paragraph 12(4).

(4)

S.I. 1986/2218.

(5)

S.I. 1987/1968.

(6)

Relevant amending instrument is S.I. 1987/1970.

(7)

S.I. 1987/1967; relevant amending instrument is S.I. 1988/663.

(8)

Section 104(1) was substituted by the Social Security Act 1986 (c. 50), Schedule 5, paragraph 10(a). Section 104(1)(bb) was inserted by the Social Security Act 1989 (c. 24), Schedule 3 paragraph 11(1).

(9)

S.I. 1987/1967; relevant amending instruments are S.I. 1988/663, S.I. 1988/1445, S.I. 1988/2022 and S.I. 1989/ 1678.

(10)

Relevant amending instruments are S.I. 1990/1549 and S.I. 1991/236.

(11)

S.I. 1987/1973. Relevant amending instrument is S.I. 1990/1549.

(12)

(13)

Relevant amending instrument is S.I. 1988/1725.

(14)

Relevant amending instruments are S.I. 1988/522 and S.I. 1988/1725.

(15)