The Social Security (Miscellaneous Amendments) (No. 5) Regulations 2009

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations abolish urgent case payments for income-based jobseeker’s allowance, income support and income-related employment and support allowance. Urgent case payments, which take the form of reduced amounts of benefit, are payments which are made to certain sponsored immigrants, asylum seekers or persons whose income is temporarily interrupted, to prevent hardship.

Regulation 2(1)(a), (b) and (d) revokes provisions in the Income Support (General) Regulations 1987 (S.I. 1987/1967) (“the 1987 Regulations”), the Jobseeker’s Allowance Regulations 1996 (S.I 1996/207) (“the 1996 Regulations”), and the Employment and Support Allowance Regulations 2008 (S.I. 2008/794) (“the 2008 Regulations”) to give effect to this abolition. Regulation 2(2), (3) and (4) provide for transitional arrangements and savings for certain beneficiaries who are in receipt of an urgent case payment on the day before the day on which these Regulations come into force. Regulation 3(1), (2), (3) and (4) makes consequential amendments to the 1987 Regulations, the 1996 Regulations and the 2008 Regulations. Regulations 2(1)(c) and 3(5) amend provisions in the Social Security (Immigration and Asylum) Consequential Amendments Regulations 2000 (S.I. 2000/636) concerning the circumstances in which persons who are subject to immigration control are eligible to be awarded income-based jobseeker’s allowance, income support and income-related employment and support allowance.

These Regulations also amend the 1987 Regulations, the 1996 Regulations and the 2008 Regulations so as to omit certain provisions specifying that persons are to be treated as not engaged in remunerative work where—

(a) they are mentally or physically disabled and are earning 75% or less, or are working 75% or less hours, than a person without the same disability would reasonably be expected to earn, or undertake, in the same, or comparable, employment, or

(b) they are employed, but are living in, or temporarily absent from, a care home, Abbeyfield home or independent hospital and need personal care because of old age, disablement, past or present drug or alcohol dependence or mental disorder, or terminal illness.

If a claimant or their partner is in remunerative work, this usually prevents them from being entitled to income support, a jobseeker’s allowance or an employment and support allowance.

Regulation 4(1) and (2) revokes these provisions and a redundant savings provision in the Income Support (General) Amendment No. 4 Regulations 1991 (S.I. 1991/1559), and regulation 4(3) to (8) makes transitional arrangements and savings in relation to claimants who were entitled to income support, a jobseeker’s allowance or an employment and support allowance on the day before the Regulations came into force or are later determined to be entitled to one of the benefits for a period including the day before the Regulations came into force, if one of the revoked provisions applies in relation to the claimant’s case at the relevant time. Those saving and transitional provisions cease to apply when the claimant first ceases to be entitled to the relevant benefit or first ceases to fall within the particular category of person applicable in his or her case, whichever is the earlier.

A full impact assessment has not been produced for this instrument as it has no impact on the private or voluntary sectors.