http://www.legislation.gov.uk/uksi/2000/2545The Social Security Amendment (Capital Limitsand Earnings Disregards) Regulations 2000texttext/xmlenStatute Law DatabaseSOCIAL SECURITY2019-10-08Expert Participation2014-01-01 These Regulations amend the Income Support (General) Regulations 1987 (S.I. 1987/1967), the Jobseeker’s Allowance Regulations 1996 (S.I. 1996/207), the Housing Benefit (General) Regulations 1987 (S.I. 1987/1971) and the Council Tax Benefit (General) Regulations 1992 (S.I. 1992/1814). 2000 No. 2545SOCIAL SECURITYThe Social Security Amendment (Capital Limitsand Earnings Disregards) Regulations 2000 Made18th September 2000 Laid before Parliament25th September 2000 Coming into force in accordance with regulation 1(1) The Secretary of State for Social Security, in exercise of the powers conferred upon him by sections 123(1)(a), (d) and (e), 134(1), 136(2) and (5)(b) and (d), 137(1) and 175(1), (3) and (4) of the Social Security Contributions and Benefits Act 1992 and sections 12(4)(b) and (d), 13(1) and (3), 35(1) and 36(1), (2) and (4) of the Jobseekers Act 1995 and of all other powers enabling him in that behalf, after consultation in respect of provisions in these Regulations relating to housing benefit and council tax benefit, with organisations appearing to him to be representative of the authorities concerned and after agreement by the Social Security Advisory Committee that proposals in respect of these Regulations should not be referred to it, hereby makes the following Regulations: Citation, commencement and interpretation11These Regulations may be cited as the Social Security Amendment (Capital Limits and Earnings Disregards) Regulations 2000 and shall come into force—a. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .b. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .cfor all other purposes, on 9th April 2001.2Regulation 2(1) of these Regulations shall, in relation to any particular claimant for income support, have effect from the first day of the first benefit week to commence for that claimant on or after 9th April 2001 and in this paragraph, the expressions “benefit week" and “claimant" shall have the same meaning as in regulation 2(1) of the Income Support Regulations .3Regulation 2(2) of these Regulations shall, in relation to any particular claimant for a jobseeker’s allowance, have effect from the first day of the first benefit week to commence for that claimant on or after 9th April 2001 and in this paragraph, the expression “benefit week" shall have the same meaning as in regulation 1(3) of the Jobseeker’s Allowance Regulations .4In these Regulations—......“the Income Support Regulations" means the Income Support (General) Regulations 1987 ;“the Jobseeker’s Allowance Regulations" means the Jobseeker’s Allowance Regulations 1996 . Capital limits21In the Income Support Regulations —ain regulation 41(1) (capital treated as income), after the figure “£8,000" there shall be inserted the words “ or, in a case where regulation 45(aa) applies, £12,000 ”;bin regulation 45 (capital limit)—iin paragraph (a), after the word “paragraph" there shall be inserted the words “ (aa) or ”;iiafter paragraph (a), there shall be inserted the following paragraph—aawhere the circumstances prescribed in regulation 53(1ZA) apply in the claimant’s case, the prescribed amount is £12,000;;cin regulation 53 (calculation of tariff income from capital)—iin paragraph (1), after the word “paragraph" there shall be inserted the words “ (1ZA) or ”;iiafter paragraph (1) there shall be inserted the following paragraph—1ZAWhere the claimant—ais aged 60 or over or has a partner who is aged 60 or over;bis not a person to whom the circumstances prescribed in paragraph (1B) apply; andchas capital which, calculated in accordance with this Part, exceeds £6,000,that capital shall be treated as equivalent to a weekly income of £1 for each complete £250 in excess of £6,000 but not exceeding £12,000.;iiiin both paragraphs (2) and (3), after “(1)" there shall be inserted “ , (1ZA) ”.2In the Jobseeker’s Allowance Regulations —ain regulation 104(1) (capital treated as income), after the figure “£8,000" there shall be inserted the words “ or, in a case where regulation 107(aa) applies, £12,000 ”;bin regulation 107 (capital limit)—iin paragraph (a), after the word “paragraph" there shall be inserted the words “ (aa) or ”;iiafter paragraph (a), there shall be inserted the following paragraph—aawhere the circumstances prescribed in regulation 116(1ZA) apply in the claimant’s case, the prescribed amount is £12,000;;cin regulation 116 (calculation of tariff income from capital)—iin paragraph (1), after the word “paragraph" there shall be inserted the words “ (1ZA) or ”;iiafter paragraph (1) there shall be inserted the following paragraph—1ZAWhere the claimant—ais aged 60 or over or has a partner who is aged 60 or over;bis not a person to whom the circumstances prescribed in paragraph (1B) apply; andchas capital which, calculated in accordance with this Part, exceeds £6,000,that capital shall be treated as equivalent to a weekly income of £1 for each complete £250 in excess of £6,000 but not exceeding £12,000.;iiiin both paragraphs (2) and (3), after “(1)" there shall be inserted “ ,(1ZA) ”.3. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .4. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Sums to be disregarded in the calculation of earnings3In each of the provisions specified in the Schedule to these Regulations (which relate to sums to be disregarded in the calculation of earnings) but subject to regulation 4 below, for the sum “£15", wherever that sum appears, there shall be substituted the sum “ £20 ”. Saving4..., paragraph 4(4)(c) of Schedule 8 to the Income Support Regulations and paragraph 5(4)(c) of Schedule 6 to the Jobseeker’s Allowance Regulations shall have effect as if regulation 3 above had not been made in a case where the claimant was entitled, by virtue of sub-paragraph (2) or (3) of those paragraphs as in force immediately before the coming into force of these Regulations, to a disregard of £15. Signed by authority of the Secretary of State for Social Security. Hugh BayleyParliamentary Under-Secretary of State,Department of Social SecuritySCHEDULE AMENDMENTS TO PROVISIONS RELATING TO SUMS TO BE DISREGARDED IN THE CALCULATION OF EARNINGSRegulation 31. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .2In Schedule 8 to the Income Support Regulations—aparagraph 4;bparagraph 5;cparagraph 6A ;dparagraph 6B ;eparagraph 7;fparagraph 8;gparagraph 15.3In the Jobseeker’s Allowance Regulations—aregulation 163(3) in so far as it substitutes regulation 101(4)(a) and (5)(a) and (b);bin Schedule 6—iparagraph 5;iiparagraph 6;iiiparagraph 7;ivparagraph 8;vparagraph 9;viparagraph 10;viiparagraph 18;cin Schedule 6A —iparagraph 1;iiparagraph 2;iiiparagraph 3;ivparagraph 4.

(This note is not part of the Regulations)

These Regulations amend the Income Support (General) Regulations 1987 (S.I. 1987/1967), the Jobseeker’s Allowance Regulations 1996 (S.I. 1996/207), the Housing Benefit (General) Regulations 1987 (S.I. 1987/1971) and the Council Tax Benefit (General) Regulations 1992 (S.I. 1992/1814).

In particular, regulation 2(1) and (2) provides respectively that in income support and jobseeker’s allowance, claimants who are aged 60 or over or who have a partner aged 60 or over and to whom the limit of £16,000 does not apply, may be entitled to those benefits whilst having up to £12,000 of capital. It also provides in respect of those benefits, as does regulation 2(3) and (4) in respect of council tax benefit and housing benefit respectively, that tariff income shall only be taken into account for such claimants in respect of any capital they have between £6,000 and the relevant upper capital limit.

Regulation 3 of, and the Schedule to, these Regulations increase to £20 from £15 from April 2001, the amount of earnings which may be disregarded in determining entitlements to those benefits. Regulation 4 makes a saving provision.

These Regulations do not impose any charge on business.

1992 c. 4; sections 123(1) and 137(1) were amended to have effect with respect to council tax benefit by Schedule 9 to the Local Government Finance Act 1992 (c. 14), paragraphs 1(1) and 9; section 137(1) is an interpretation provision and is cited because of the meaning ascribed to the word “prescribed".1995 c. 18; section 35(1) is an interpretation provision and is cited because of the meaning ascribed to the words “prescribed" and “regulations". See section 176(1) of the Social Security Administration Act 1992 (c. 5). See sections 170 and 173(1)(b) of the Social Security Administration Act 1992; paragraph 67 of Schedule 2 to the Jobseekers Act 1995 (c. 18) added that Act to the list of “relevant enactments" in respect of which regulations must normally be referred to the Committee. Section 173(7) defines “regulations".The definition of “benefit week" was amended by S.I. 1988/1445.The definition of “benefit week" was amended by S.I. 1996/1517 and 2538.S.I. 1987/1967.S.I. 1996/207.The relevant amending instruments are S.I. 1990/671, 1996/462 and 1999/3178.The relevant amending instruments are S.I. 1996/1516, 1997/65 and 1999/2860.Paragraph 6A was inserted by S.I. 1993/315.Paragraph 6B was inserted by S.I. 1993/315.Schedule 6A was inserted by S.I. 2000/1978.Words in reg. 1(4) revoked (6.3.2006) by The Housing Benefit and Council Tax Benefit (Consequential Provisions) Regulations 2006 (S.I. 2006/217), reg. 1(1), Sch. 1 (with regs. 2, 3, Sch. 3, Sch. 4) Reg. 1(1)(a)(b) revoked (6.3.2006) by The Housing Benefit and Council Tax Benefit (Consequential Provisions) Regulations 2006 (S.I. 2006/217), reg. 1(1), Sch. 1 (with regs. 2, 3, Sch. 3, Sch. 4)Reg. 2(3)(4) revoked (6.3.2006) by The Housing Benefit and Council Tax Benefit (Consequential Provisions) Regulations 2006 (S.I. 2006/217), reg. 1(1), Sch. 1 (with regs. 2, 3, Sch. 3, Sch. 4)Words in reg. 4 revoked (6.3.2006) by The Housing Benefit and Council Tax Benefit (Consequential Provisions) Regulations 2006 (S.I. 2006/217), reg. 1(1), Sch. 1 (with regs. 2, 3, Sch. 3, Sch. 4)Sch. para. 1 revoked (6.3.2006) by The Housing Benefit and Council Tax Benefit (Consequential Provisions) Regulations 2006 (S.I. 2006/217), reg. 1(1), Sch. 1 (with regs. 2, 3, Sch. 3, Sch. 4)