The Social Security (Miscellaneous Amendments) Regulations 2015

Citation and commencement

1.  These Regulations may be cited as the Social Security (Miscellaneous Amendments) Regulations 2015 and come into force on 23rd February 2015.

Service User amendments

2.—(1) Paragraph (2) amends the following provisions—

(a) regulation 2(1B) (interpretation) of the Income Support (General) Regulations 1987(1);

(b) regulation 1(3G) (citation, commencement and interpretation) of the Jobseeker’s Allowance Regulations 1996(2);

(c) regulation 1(3A) (citation, commencement and interpretation) of the State Pension Credit Regulations 2002(3)

(d) regulation 2(5) (interpretation) of the Housing Benefit Regulations 2006(4);

(e) regulation 2(6) (interpretation) of the Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 2006(5);

(f) regulation 2(8) (interpretation) of the Employment and Support Allowance Regulations 2008(6);

(g) regulation 53(2) (meaning of other terms relating to earned income) of the Universal Credit Regulations 2013(7);

(h) regulation 3(6) (further interpretation) of the Jobseeker’s Allowance Regulations 2013(8); and

(i) regulation 80(5) (earnings of employed earners) of the Employment and Support Allowance Regulations 2013(9).

(2) Each of the provisions specified in paragraph (1) (which define when a claimant is participating as a service user) are amended as follows—

(a) after sub-paragraph (a) insert—

“(ab) a person who is being consulted by or on behalf of—

(i) the Secretary of State in relation to any of the Secretary of State’s functions in the field of social security or child support or under section 2 of the Employment and Training Act 1973(10); or

(ii) a body which conducts research or undertakes monitoring for the purpose of planning or improving such functions,

in their capacity as a person affected or potentially affected by the exercise of those functions or the carer of such a person;”

(b) in sub-paragraph (b) for “sub-paragraph (a)” substitute “sub-paragraphs (a) or (ab)”.

(3) In regulation 3(6) (further interpretation) of the Jobseeker’s Allowance Regulations 2013, before sub-paragraph (a) omit “the person”.

Amendment of the Social Security (Maternity Allowance) Regulations 1987

3.  In regulation 2 of the Social Security (Maternity Allowance) Regulations 1987(11) (disqualification for the receipt of a maternity allowance) omit paragraphs (5) and (6).

Amendment of the Social Fund Winter Fuel Payment Regulations 2000

4.  In the Social Fund Winter Fuel Payment Regulations 2000(12)—

(a) in regulation 1(2) (citation, commencement and interpretation) omit the definition of “Income Support Regulations”;

(b) in regulation 2(4), for “(2)(a)(ii)” substitute “(1)(a)(ii)”;

(c) in regulation 3(1)(a) (persons not entitled to a social fund winter fuel payment), at the end of paragraph (ii) omit “or” and after paragraph (iii) insert—

“(iv) in residential care and is a person to whom state pension credit, an income-based jobseeker’s allowance or an income-related employment and support allowance has been, or falls to be, paid in respect of the qualifying week; or”.

Amendment of the Social Security (Crediting and Treatment of Contributions, and National Insurance Numbers) Regulations 2001

5.  In regulation 9 (application for allocation of national insurance number) of the Social Security (Crediting and Treatment of Contributions, and National Insurance Numbers) Regulations 2001(13)—

(a) in paragraph (1), for “paragraph (2)” substitute “paragraphs (2) and (2A)”;

(b) after paragraph (2) insert—

“(2A) The provisions of paragraph (1) shall not apply to a person in respect of whom the Secretary of State or the Commissioners for Her Majesty’s Revenue and Customs are notified that a biometric immigration document is to be issued pursuant to regulation 13 of the Immigration (Biometric Registration) Regulations 2008(14).”.

Amendment of the Housing Benefit Regulations 2006

6.  At the end of regulation 59(4) (calculation of grant income)(15) of the Housing Benefit Regulations 2006(16) add “or paid under section 63(6) of the Health Services and Public Health Act 1968(17)”.

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

Freud

Parliamentary Under Secretary of State

Department for Work and Pensions

26th January 2015