The Social Security (Joint Claims: Consequential Amendments) Regulations 2000

Explanatory Note

(This note is not part of the Regulations)

The Regulations contained in this Instrument are made in consequence of provisions in section 59 of, and Schedule 7 to, the Welfare Reform and Pensions Act 1999 (c. 30). The Instrument is made before the end of the period of six months beginning with the coming into force of those provisions; the regulations in it are therefore exempted from the requirement in section 172(1) of the Social Security Administration Act 1992 (c. 5) to refer proposals to make these Regulations to the Social Security Advisory Committee and are made without reference to that Committee.

In particular, regulation 2 of these Regulations amends the Social Security (Claims and Payments) Regulations 1987 (S.I. 1987/1968) to reflect new provisions in the Jobseekers Act 1995 (c. 18) whereby certain couples (“joint-claim couples”) may only be entitled to a jobseeker’s allowance if they make a claim for it jointly and both satisfy the conditions for entitlement in that Act. Regulation 2(2) inserts definitions for the purpose of those Regulations. Regulation 2(3) prescribes rules relating to the making of claims by joint-claim couples and regulation 2(4) prescribes the date on which such claims are to be treated as made. Regulation 2(5) prescribes when a member of a joint-claim couple may have a claim backdated and regulation 2(6) to (8) prescribes special rules relating to the payment of jobseeker’s allowance to a joint-claim couple.

Regulation 3 amends the Social Security (Work-focused Interviews) Regulations 2000 (S.I. 2000/897) so as to provide that a member of a joint-claim couple who is claiming a benefit specified for the purposes of those Regulations, shall be subject to an interview where it has been decided that that member is a person to whom Schedule A1 to the Jobseeker’s Allowance Regulations 1996 (S.I. 1996/207) applies categories of members of joint-claim couples not required to comply with the jobseeking conditions).

Regulation 4 makes consequential amendments to the Housing Benefit (General) Regulations 1987 (S.I. 1987/1971) and to the Council Tax Benefit (General) Regulations 1992 (S.I. 1992/1814), regulation 5 makes consequential amendments to the Social Security and Child Support (Decisions and Appeals) Regulations 1999 (S.I. 1999/991) and regulation 6 makes consequential amendments to the Social Security Benefit (Members of the Forces) Regulations 1975 (S.I. 1975/493).

These Regulations do not impose a charge on businesses.