The Social Security Amendment (Capital Disregards and Recovery of Benefits) Regulations 2001

Explanatory Note

(This note is not part of the Regulations)

These Regulations amend the Council Tax Benefit (General) Regulations 1992 (S.I. 1992/1814), the Housing Benefit (General) Regulations 1987 (S.I. 1987/1971), the Income Support (General) Regulations 1987 (S.I. 1987/1967), the Jobseeker’s Allowance Regulations 1996 (S.I. 1996/207), the Social Fund Maternity and Funeral Expenses (General) Regulations 1987 (S.I. 1987/481) and the Social Security (Recovery of Benefits) Regulations 1997 (S.I. 1997/2205).

In particular, regulation 2 provides that payments under a trust established out of funds provided by the Secretary of State in respect of persons who suffered, or who are suffering, from variant Creutzfeldt-Jakob disease which are made to certain persons and payments made by, or out of the estate of, persons receiving such payments which are made to certain persons, shall be disregarded in council tax benefit, housing benefit, income support and jobseeker’s allowance. That regulation also prescribes the extent of the disregard and the period in respect of which the disregard is to apply.

Regulation 3 provides that any payment from such a trust shall be disregarded for the purpose of any deduction to be made from a social fund funeral payment.

Regulation 4 amends regulation 2 of the Social Security (Recovery of Benefits) Regulations 1997 by adding to the list of trusts exempted from the scope of the Social Security (Recovery of Benefits) Act 1997 (c. 27), such trusts as are established out of funds provided by the Secretary of State for the relief of persons who suffered, or who are suffering, from variant Creutzfeldt-Jakob disease.

These Regulations do not impose any charge on business.