2019 No. 1314
The Social Security (Capital Disregards) (Amendment) Regulations 2019
Made
Laid before Parliament
Coming into force
The Secretary of State for Work and Pensions makes the following Regulations in exercise of the powers conferred by sections 123(1)(a) and (d), 136(3) and (5)(b), 136A(3), 137(1) and 175(1), (3) and (4) of the Social Security Contributions and Benefits Act 19921, sections 12(1) and (4)(b), 35(1) and 36(2) of the Jobseekers Act 19952, sections 15(3) and (6)(b) and 17(1) of the State Pension Credit Act 20023, sections 17(1) and (3)(b), 24(1) and 25(3) of the Welfare Reform Act 20074 and section 42(1), (2) and (3)(a) of, and paragraph 4(1) and (3)(a) of Schedule 1 and paragraph 1(1) of Schedule 6 to, the Welfare Reform Act 20125.
In accordance with section 173(1)(b) of the Social Security Administration Act 19926, the Social Security Advisory Committee has agreed that proposals in respect of these Regulations should not be referred to it.
In accordance with section 176(1)(a) of the Social Security Administration Act 1992, the Secretary of State has consulted with organisations appearing to her to be representative of the authorities concerned in respect of regulations 5 and 6. Those organisations have agreed that consultation in respect of those regulations need not be undertaken.
Citation and commencement1
These Regulations may be cited as the Social Security (Capital Disregards) (Amendment) Regulations 2019 and come into force on 31st October 2019.
Amendment of the Income Support (General) Regulations 19872
1
The Income Support (General) Regulations 19877 are amended as follows.
2
In Schedule 10 (capital to be disregarded), in paragraph 7(1)—
a
in paragraph (a) for “8 or 9” substitute “8, 9 or 76A”;
b
after paragraph (f) add—
g
maternity allowance under section 35 of the Contributions and Benefits Act8 (state maternity allowance for employed or self-employed earner),
Amendment of the Jobseeker’s Allowance Regulations 19963
1
The Jobseeker’s Allowance Regulations 19969 are amended as follows.
2
In Schedule 8 (capital to be disregarded), in paragraph 12(1)—
a
in paragraph (a) for “9 or 10” substitute “9, 10 or 72A”;
b
after paragraph (e) add—
f
maternity allowance under section 35 of the Benefits Act10 (state maternity allowance for employed or self-employed earner),
Amendment of the State Pension Credit Regulations 20024
1
The State Pension Credit Regulations 200211 are amended as follows.
2
In Schedule 5 (capital disregarded for the purpose of calculating income), at the end of paragraph 20(2) add—
t
maternity allowance under section 35 of the 1992 Act12 (state maternity allowance for employed or self-employed earner).
Amendment of the Housing Benefit Regulations 20065
1
The Housing Benefit Regulations 200613 are amended as follows.
2
In Schedule 6 (capital to be disregarded), in paragraph 9(1) after paragraph (h) add—
i
maternity allowance under section 35 of the Act14 (state maternity allowance for employed or self-employed earner),
Amendment of the Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 20066
1
The Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 200615 are amended as follows.
2
In Schedule 6 (capital to be disregarded), at the end of paragraph 21(2) add—
s
maternity allowance under section 35 of the Act16 (state maternity allowance for employed or self-employed earner).
Amendment of the Employment and Support Allowance Regulations 20087
1
The Employment and Support Allowance Regulations 200817 are amended as follows.
2
In Schedule 9 (capital to be disregarded), in paragraph 11(1)—
a
in paragraph (a) for “10 or 11” substitute “10, 11 or 66”;
b
after paragraph (d) add—
e
maternity allowance under section 35 of the Contributions and Benefits Act18 (state maternity allowance for employed or self-employed earner),
Amendment of the Universal Credit Regulations 20138
1
The Universal Credit Regulations 201319 are amended as follows.
2
In Schedule 10 (capital to be disregarded) in paragraph 18(2) after “United Kingdom” add—
and includes armed forces independence payment under the Armed Forces and Reserve Forces (Compensation Scheme) Order 201120.
Amendment of the Universal Credit (Transitional Provisions) Regulations 20149
1
The Universal Credit (Transitional Provisions) Regulations 201421 are amended as follows.
2
In regulation 10A (arrears of benefit disregarded as capital)—
a
in paragraph (1)—
i
after “of benefit” in both places, insert “or armed forces independence payment”;
ii
in sub-paragraph (d) after “to benefit” insert “or armed forces independence payment”;
b
after paragraph (2) add—
3
“Armed forces independence payment” means armed forces independence payment under the Armed Forces and Reserve Forces (Compensation Scheme) Order 2011.
3
After regulation 10A insert—
Arrears of maternity allowance disregarded as capital10B
1
This regulation applies in relation to the calculation of an award of universal credit where—
a
the conditions set out in regulation 10A(1)(a) to (d) are met; and
b
the claimant has received a payment of arrears of maternity allowance, or a payment made to compensate for arrears due to the non-payment of maternity allowance, of under £5,000.
2
Where this regulation applies, notwithstanding anything in the Universal Credit Regulations, the payment is to be disregarded from the calculation of the claimant’s capital for 12 months from the date of receipt of the payment.
3
“Maternity allowance” means a maternity allowance under section 35 of the Social Security Contributions and Benefits Act 1992 (state maternity allowance for employed or self-employed earner).
Signed by authority of the Secretary of State for Work and Pensions
(This note is not part of the Regulations)