Search Legislation

The Social Security (Miscellaneous Amendments) Regulations 2009

 Help about what version

What Version

 Help about advanced features

Advanced Features

 Help about opening options

Opening Options

Changes over time for: Section 4

 Help about opening options

Alternative versions:

Changes to legislation:

There are currently no known outstanding effects for the The Social Security (Miscellaneous Amendments) Regulations 2009, Section 4. Help about Changes to Legislation

Close

Changes to Legislation

Revised legislation carried on this site may not be fully up to date. At the current time any known changes or effects made by subsequent legislation have been applied to the text of the legislation you are viewing by the editorial team. Please see ‘Frequently Asked Questions’ for details regarding the timescales for which new effects are identified and recorded on this site.

Amendment of the Jobseeker's Allowance Regulations 1996

This section has no associated Explanatory Memorandum

4.—(1) The Jobseeker's Allowance Regulations 1996 are amended as follows.

(2) In regulation 1(3) (citation, commencement and interpretation)—

(a)in the appropriate place insert the following definition—

“basic rate”, where it relates to the rate of tax, has the same meaning as in the Income Tax Act 2007 (see section 989 of that Act).;

(b)omit the definition of “starting rate”M1.

(3) In—

(a)regulation 1(3) (citation, commencement and interpretation), in paragraphs (a) and (c) of the definition of “training allowance”M2,

(b)regulation 11(3) M3 (part-time students),

(c)regulation 19(1)(r)(ii)(aa) M4 (circumstances in which a person is to be treated as actively seeking employment),

(d)regulation 57(1) (interpretation of Part IV), in the definition of “training”M5,

(e)regulation 75(1)(b)(i) M6 (interpretation),

(f)regulation 170(2) M7 (persons in receipt of a training allowance),

(g)Schedule A1 M8 (categories of members of a joint-claim couple who are not required to satisfy the conditions in section 1(2B)(b)), in paragraph 16 (young persons in training) M9,

(h)Schedule 1 (applicable amounts), in paragraphs 8(1)(b) M10 and 20D(1)(b) M11, and

(i)Schedule 2 (housing costs), in paragraph 3(13)(d),

before “Scottish Enterprise” insert “ Skills Development Scotland, ”.

(4) In regulation 51(2) (remunerative work) omit sub-paragraph (c).

(5) Omit regulation 85(2) (special cases).

(6) For regulation 95(2A) M12 (calculation of earnings of self-employed earners) substitute—

(2A) This paragraph applies to—

(a)royalties or other sums paid as a consideration for the use of, or the right to use, any copyright, design, patent or trade mark; or

(b)any payment in respect of any —

(i)book registered under the Public Lending Right Scheme 1982; or

(ii)work made under any international public lending right scheme that is analogous to the Public Lending Right Scheme 1982,

where the claimant is the first owner of the copyright, design, patent or trade mark, or an original contributor to the book or work concerned..

(7) In regulation 102(1) M13 (deduction of tax and contributions for self-employed earners) and regulation 105(15)(a) M14 (notional income)—

(a)omit “the starting rate or, as the case may be, the starting rate and”;

(b)for “starting” substitute “ basic ”.

(8) In regulation 102D M15 (deduction in respect of tax for participants in the self-employed route)—

(a)in paragraph (1)(c) omit “the starting rate of tax or, as the case may be, the starting rate and”;

(b)in paragraph (2) for “starting” substitute “ basic ”.

(9) In regulation 130 M16 (interpretation) for the definition of “contribution” substitute—

contribution” means—

(a)

any contribution in respect of the income of a student or any person which the Secretary of State, the Scottish Ministers or an education authority takes into account in ascertaining the amount of a student's grant or student loan; or

(b)

any sums, which in determining the amount of a student's allowance or bursary in Scotland under the Education (Scotland) Act 1980, the Scottish Ministers or education authority takes into account being sums which the Scottish Ministers or education authority consider that it is reasonable for the following persons to contribute towards the holder's expenses—

(i)

the holder of the allowance or bursary;

(ii)

the holder's parents;

(iii)

the holder's parent's spouse, civil partner or a person ordinarily living with the holder's parent as if he or she were the spouse or civil partner of that parent; or

(iv)

the holder's spouse or civil partner;.

(10) In regulation 131(2) M17 (calculation of grant income), after sub-paragraph (i) add—

(j)of higher education bursary for care leavers made under Part III of the Children Act 1989..

(11) In regulation 163(4)(c) M18 (calculation of earnings) for “starting” substitute “ basic ”.

(12) In Schedule 7 (sums to be disregarded in the calculation of income other than earnings), in paragraph 56 M19 omit “under the Community Care (Direct Payments) Act 1996 or”.

(13) In Schedule 8 (capital to be disregarded)—

(a)after paragraph 37 insert—

37A.  Any payment made under Part 8A of the Benefits Act (entitlement to health in pregnancy grant).;

(b)in paragraph 60 M20 omit “the Community Care (Direct Payments) Act 1996,”.

Marginal Citations

M1The definition of “starting rate” was inserted by S.I. 2007/2618.

M2For the definition of “training allowance” the relevant amending instruments are S.I. 1996/1517, 1999/3156, 2001/652, 2008/698 and 3157.

M3Relevant amending instruments are S.I. 2001/1324 and 2005/3238.

M4Sub-paragraph (r) was inserted by S.I. 1998/1274.

M5Relevant amending instruments are S.I. 2001/652 and 2005/3238.

M6Relevant amending instruments are S.I. 1998/1274, 2001/652 and 2005/3238.

M7Relevant amending instruments are S.I. 2001/652 and 2005/3238.

M8Inserted by S.I. 2000/1978.

M9Relevant amending instruments are S.I. 2001/652, 2005/3238 and 2006/718.

M10Relevant amending instruments are S.I. 1996/2538 and 2008/698.

M11Inserted by S.I. 2000/1978.

M12Inserted by S.I. 2008/698.

M13Relevant amending instruments are S.I. 2007/1749 and 2618.

M14Relevant amending instruments are S.I. 2007/1749 and 2618.

M15Regulation 102D was inserted by S.I. 1998/1174. Relevant amending instruments are S.I. 2000/2910 and 2007/2618.

M16Relevant amending instruments are S.I. 1998/563, 1999/1935, 2001/2319, 2005/2887 and 2008/2767.

M17Relevant amending instruments are S.I. 1996/1516, 1999/1935, 2003/455 and 2004/1708.

M18The relevant amending instrument is S.I. 2007/2618.

M19Inserted by S.I. 1997/65. Amended in relation to England by S.I. 2003/762 and in relation to Wales by S.I. 2004/1748.

M20Inserted by S.I. 2003/2279.

Back to top

Options/Help

Print Options

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

See additional information alongside the content

Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.

Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

Explanatory Memorandum

Explanatory Memorandum sets out a brief statement of the purpose of a Statutory Instrument and provides information about its policy objective and policy implications. They aim to make the Statutory Instrument accessible to readers who are not legally qualified and accompany any Statutory Instrument or Draft Statutory Instrument laid before Parliament from June 2004 onwards.

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

Timeline of Changes

This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.

Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as made version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources