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Statutory Instruments

2001 No. 2296

SOCIAL SECURITY

The Social Security Amendment (Volunteers) Regulations 2001

Made

22nd June 2001

Laid before Parliament

29th June 2001

Coming into force

24th September 2001

The Secretary of State for Work and Pensions, in exercise of the powers conferred upon him by sections 123(1)(a), (d) and (e), 136(5)(b), 137(1) and 175(1) and (3) of the Social Security Contributions and Benefits Act 1992(1) and sections 12(4)(b), 35(1) and 36(1) and (2) of the Jobseekers Act 1995(2) and of all other powers enabling him in that behalf, after consultation in respect of provisions in these Regulations relating to housing benefit and council tax benefit with organisations appearing to be representative of the authorities concerned(3) and after agreement by the Social Security Advisory Committee that proposals in respect of these Regulations should not be referred to it(4), hereby makes the following Regulations:

Citation and commencement

1.  These Regulations may be cited as the Social Security Amendment (Volunteers) Regulations 2001 and shall come into force on 24th September 2001.

Income support, jobseeker’s allowance, housing benefit and council tax benefit: disregard of expenses

2.—(1) In each of the provisions specified in paragraph (2) below (which relate to sums to be disregarded in the calculation of income other than earnings), after the word “incurred”, there shall be inserted the words “, or to be incurred,”.

(2) The provisions specified for the purposes of paragraph (1) above are—

(a)paragraph 2 of Schedule 4 to the Council Tax Benefit (General) Regulations 1992(5);

(b)paragraph 2 of Schedule 4 to the Housing Benefit (General) Regulations 1987(6);

(c)paragraph 2 of Schedule 9 to the Income Support (General) Regulations 1987(7);

(d)paragraph 2 of Schedule 7 to the Jobseeker’s Allowance Regulations 1996(8).

Signed by authority of the Secretary of State for Work and Pensions.

Malcolm Wicks

Parliamentary Under-Secretary of State,

Department for Work and Pensions

22nd June 2001

Explanatory Note

(This note is not part of the Regulations)

These Regulations amend the Income Support (General) Regulations 1987 (S.I. 1987/1967), the Jobseeker’s Allowance Regulations 1996 (S.I. 1996/207), the Housing Benefit (General) Regulations 1987 (S.I. 1987/1971) and the Council Tax Benefit (General) Regulations 1992 (S.I. 1992/1814).

In particular, regulation 2 of these Regulations allows payments in respect of expenses to be incurred by a claimant for those benefits to be disregarded where he is engaged by a charitable or voluntary organisation or is a volunteer.

These Regulations do not impose a charge on business.

(1)

1992 c. 4; sections 123(1) and 137(1) were amended to have effect with respect to council tax benefit by Schedule 9 to the Local Government Finance Act 1992 (c. 14), paragraphs 1(1) and 9; section 137(1) is an interpretation provision and is cited because of the meaning ascribed to the word “prescribed”.

(2)

1995 c. 18; section 35(1) is an interpretation provision and is cited because of the meaning ascribed to the words “prescribed” and “regulations”.

(3)

See section 176(1) of the Social Security Administration Act 1992 (c. 5).

(4)

See sections 170 and 173(1)(b) of the Social Security Administration Act 1992, (c. 5); paragraph 67 of Schedule 2 to the Jobseekers Act 1995 (c. 18) added that Act to the list of “relevant enactments” in respect of which regulations must normally be referred to the Committee. Section 173(7) defines “regulations”.

(5)

S.I. 1992/1814; the relevant amending instrument is S.I. 1995/560.

(6)

S.I. 1987/1971; the relevant amending instrument is S.I. 1995/560.

(7)

S.I. 1987/1967; the relevant amending instrument is S.I. 1995/516.

(8)

S.I. 1996/207 to which there are amendments which are not relevant to these Regulations.