The Social Security (Miscellaneous Amendments) Regulations 2015

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations amend various sets of social security regulations.

Regulation 2 amends the Income Support (General) Regulations 1987 (S.I. 1987/1967), the Jobseeker’s Allowance Regulations 1996 (S.I. 1996/207), the State Pension Credit Regulations 2002 (S.I. 2002/1792), the Housing Benefit Regulations 2006 (S.I. 2006/213), the Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 2006 (S.I. 2006/214), the Employment and Support Allowance Regulations 2008 (S.I. 2008/794), the Universal Credit Regulations 2013 (S.I. 2013/376), the Jobseeker’s Allowance Regulations 2013 (S.I. 2013/378) and the Employment and Support Allowance Regulations 2013 (2013/276). These amendments amend the definition of ‘service user’ in those Regulations. Who is a “service user” is relevant to the calculation of income in those benefits, so that, for example, expenses paid to individuals consulted by or on behalf of a body with a statutory duty to perform functions in the field of social security (either in their capacity as a person affected or potentially affected by the exercise of those functions or as a carer of a person so affected or potentially affected) may be disregarded when calculating income and therefore, the notional income rule in those benefits will not apply. Expenses paid to a carer of such an individual (i.e. a carer of a carer of a service user) are disregarded by sub-paragraph (b) of the paragraphs being amended. Regulation 2(3) makes a minor correction to the Jobseeker’s Allowance Regulations 2013.

Regulation 3 revokes regulation 2(5) and (6) of the Social Security (Maternity Allowance) Regulations 1987 (S.I.1987/416). These provide respectively that a woman shall be disqualified from receiving maternity allowance if, during the maternity allowance period, she fails without good cause to take due care of her health or to answer reasonable enquiries by the Secretary of State or the Secretary of State’s officers, directed at whether she is doing so and how the period of such disqualification is determined.

Regulation 4 amends the Social Fund Winter Fuel Payment Regulations 2000 (S.I. 2000/729). It omits an unnecessary definition in regulation 1(2). It also corrects an incorrect cross-reference in regulation 2(4). Finally, it ensures that regulation 3(1)(a) reflects the existing policy intention that there is no entitlement to a winter fuel payment in respect of residents of a residential care home who are in receipt of certain income-related benefits during the qualifying week.

Regulation 5 amends the Social Security (Crediting and Treatment of Contributions, and National Insurance Numbers) Regulations 2001 (S.I. 2001/769) so as to provide that where the Department for Work and Pensions (DWP) or Her Majesty’s Revenue and Customs (HMRC) are notified that a person is to be issued with a biometric residence permit by the Home Office, that person is exempted from the requirement to apply to DWP or HMRC for a National Insurance number.

Regulation 6 amends regulation 59(4) of the Housing Benefit Regulations 2006 (S.I.2006/213) to provide that NHS parents’ learning allowance paid under section 63(6) of the Health Services and Public Health Act 1968 is disregarded when calculating entitlement to Housing Benefit. This change aligns the position in these Regulations with that applying in relation to the other income-related benefits.

An impact assessment has not been produced for this instrument as no impact on businesses and civil society organisations is foreseen and the impact on the public sector is minimal.