The Social Security (Miscellaneous Provisions) Amendment Regulations 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).