PART 3AMENDMENTS TO SECONDARY LEGISLATION

Amendments to the Social Security Benefit (Dependency) Regulations 19775.

In Schedule 2 to the Social Security Benefit (Dependency) Regulations 197712 (prescribed circumstances for increase of a carer’s allowance)—

(a)

in paragraph 613, for “section 49” substitute “section 90 of the Contributions and Benefits Act14”; and

(b)

in paragraph 715, for “the Act” substitute “the Contributions and Benefits Act”.

Amendments to the Statutory Sick Pay (General) Regulations 19826.

In regulation 2 of the Statutory Sick Pay (General) Regulations 198216 (persons deemed incapable of work)—

(a)

in paragraph (1)(b), for “by reason of his being a carrier, or having been in contact with a case, of a relevant disease” substitute “by reason of it being known or reasonably suspected that he is infected or contaminated by, or has been in contact with a case of, a relevant infection or contamination”; and

(b)

in paragraph (3), for the definition of “relevant disease” substitute—

““relevant infection or contamination” means—

(a)

in England and Wales–

  1. (i)
    any incidence or spread of infection or contamination, within the meaning of section 45A(3) of the Public Health (Control of Disease) Act 198417 in respect of which regulations are made under Part 2A of that Act18 (public health protection) for the purpose of preventing, protecting against, controlling or providing a public health response to, such incidence or spread, or
  2. (ii)
    any disease, food poisoning, infection, infectious disease or notifiable disease to which regulation 9 (powers in respect of persons leaving aircraft) of the Public Health (Aircraft) Regulations 197919 applies or to which regulation 10 (powers in respect of certain persons on ships) of the Public Health (Ships) Regulations 197920 applies; and

(b)

in Scotland, any–

  1. (i)
    infectious disease within the meaning of section 1(5) of the Public Health etc (Scotland) Act 200821, or exposure to an organism causing that disease, or
  2. (ii)

    contamination within the meaning of section 1(5) of that Act, or exposure to a contaminant,

to which sections 56 to 58 of that Act (compensation) apply.”.

Amendments to the Income Support (General) Regulations 19877.

(1)

The Income Support (General) Regulations 198722 are amended as follows.

(2)

In regulation 2(1) (interpretation)—

(a)

in the definition of “qualifying person” after “the Skipton Fund23” insert “, the Caxton Foundation”; and

(b)

after the definition of “terminal date” insert–

““the Caxton Foundation” means the charitable trust of that name established on 28th March 2011 out of funds provided by the Secretary of State for the benefit of certain persons suffering from hepatitis C and other persons eligible for payment in accordance with its provisions;”.

(3)

In regulation 21AA24 (special cases: supplemental – persons from abroad) omit paragraph (4)(f)(i).

(4)

For regulation 42(1) (notional income), substitute—

“(1)

A claimant is to be treated as possessing income of which the claimant has deprived themselves for the purpose of securing entitlement to income support or increasing the amount of that benefit, or for the purpose of securing entitlement to, or increasing the amount of a jobseeker’s allowance or an employment and support allowance.”.

(5)

In regulations 42(4ZA)(a)25 and 48(10)(c) (income treated as capital), paragraph 18(8)(b) of Schedule 3 (housing costs), paragraphs 21(2) and 39(1) of Schedule 9 (sums to be disregarded in the calculation of income other than earnings) and paragraph 29 of Schedule 10 (capital to be disregarded), after “MFET Limited” insert “, the Skipton Fund, the Caxton Foundation”.

(6)

In regulation 51(3A)(a)26 (notional capital), paragraph 39(7) of Schedule 9 and paragraph 22(1) and (7) of Schedule 10, after “the Skipton Fund” insert “, the Caxton Foundation”.

(7)

In paragraph 13A(1A) of Schedule 227 (applicable amounts: enhanced disability premium) after “claimant” insert “or partner”.

(8)

In paragraph 11 of Schedule 9 and paragraph 63 of Schedule 10—

(a)

in sub-paragraph (1), after paragraph (a)(iii) omit “or”;

(b)

in sub-paragraph (1), after paragraph (b) add–

“; or

(c)

in England, by way of financial assistance made pursuant to section 14 of the Education Act 2002.”; and

(c)

in sub-paragraph (2), after “education maintenance allowance” insert “or other payment”.

Amendments to the Social Security (Claims and Payments) Regulations 19878.

Paragraph 1 of Schedule 9 to the Social Security (Claims and Payments) Regulations 198728 (deductions from benefit and direct payment to third parties) is amended as follows—

(a)

in sub-paragraph (1)–

(i)

in the definition of “contribution-based jobseeker’s allowance” before “means” insert “(except where used in sub-paragraph (2)(b))”, and

(ii)

in the definition of “contributory employment and support allowance” before “means” insert “(except where used in sub-paragraph (3)(b))”;

(b)

for sub-paragraph (2)(b) substitute–

“(b)

contribution-based jobseeker’s allowance where—

(i)

both income-based jobseeker’s allowance and contribution-based jobseeker’s allowance are in payment and the income-based jobseeker’s allowance alone is insufficient for the purposes of this Schedule; or

(ii)

if there was no entitlement to contribution-based jobseeker’s allowance, there would be entitlement to income-based jobseeker’s allowance at the same rate.”; and

(c)

for sub-paragraph (3)(b) substitute–

“(b)

contributory employment and support allowance where—

(i)

both income-related employment and support allowance and contributory employment and support allowance are in payment and the income-related employment and support allowance alone is insufficient for the purposes of this Schedule; or

(ii)

if there was no entitlement to a contributory employment and support allowance, there would be entitlement to income-related employment and support allowance at the same rate.”.

Amendments to the Social Security (Incapacity for Work) (General) Regulations 19959.

(1)

The Social Security (Incapacity for Work) (General) Regulations 1995 are amended as follows.

(2)

In regulation 7(2)29 (failure to provide information)—

(a)

in sub-paragraph (a) for “6 weeks” substitute “4 weeks”; and

(b)

in sub-paragraph (b)–

(i)

for “4 weeks” substitute “3 weeks”, and

(ii)

for “2 weeks have” substitute “1 week has”.

(3)

In regulation 1130 (person with an infectious or contagious disease)—

(a)

for the heading substitute—
“Person with a relevant infection or contamination”;

(b)

in paragraph (1) for “by reason of his being a carrier, or having been in contact with a case, of a relevant disease” substitute “by reason of it being known or reasonably suspected that he is infected or contaminated by, or has been in contact with a case of, a relevant infection or contamination”; and

(c)

in paragraph (2), for the definition of “relevant disease” substitute—

““relevant infection or contamination” means—

(a)

in England and Wales–

  1. (i)
    any incidence or spread of infection or contamination, within the meaning of section 45A(3) of the Public Health (Control of Disease) Act 198431 in respect of which regulations are made under Part 2A of that Act32 (public health protection) for the purpose of preventing, protecting against, controlling or providing a public health response to, such incidence or spread, or
  2. (ii)
    any disease, food poisoning, infection, infectious disease or notifiable disease to which regulation 9 (powers in respect of persons leaving aircraft) of the Public Health (Aircraft) Regulations 197933 applies or to which regulation 10 (powers in respect of certain persons on ships) of the Public Health (Ships) Regulations 197934 applies; and

(b)

in Scotland, any–

  1. (i)
    infectious disease within the meaning of section 1(5) of the Public Health etc (Scotland) Act 200835, or exposure to an organism causing that disease, or
  2. (ii)

    contamination within the meaning of section 1(5) of that Act, or exposure to a contaminant,

to which sections 56 to 58 of that Act (compensation) apply.”.

Amendments to the Jobseeker’s Allowance Regulations 199610.

(1)

The Jobseeker’s Allowance Regulations 199636 are amended as follows.

(2)

In regulation 1(3) (citation, commencement and interpretation)—

(a)

after the definition of “care home37” insert–

““the Caxton Foundation” means the charitable trust of that name established on 28th March 2011 out of funds provided by the Secretary of State for the benefit of certain persons suffering from hepatitis C and other persons eligible for payment in accordance with its provisions;”; and

(b)

in the definition of “qualifying person” after “the Skipton Fund38” insert “, the Caxton Foundation”.

(3)

In regulation 51 (remunerative work) omit paragraphs (4) and (5).

(4)

In regulation 57(1)39 (interpretation of Part IV) omit the definitions of “the Careers Service” and “the Connexions Service”.

(5)

In regulation 6140 (other young persons in prescribed circumstances)—

(a)

in paragraph (1), for sub-paragraphs (d) and (e) substitute–

“(d)

to whom section 3(1)(f)(ii) or section 3A(1)(e)(i) does not apply, who is a person falling within paragraph (2) of regulation 57, sub-paragraph (a) or (b) of paragraph (1) of regulation 60, or sub-paragraph (b) or (c) of this paragraph, and who registers with Jobcentre Plus in accordance with regulation 62(2)(a); and

(e)

to whom section 3(1)(f)(ii) or section 3A(1)(e)(i) does not apply, who is a person falling within paragraph (2) of regulation 57, sub-paragraph (a) or (b) of paragraph (1) of regulation 60, or sub-paragraph (b) or (c) of this paragraph, and who registers with Jobcentre Plus in accordance with regulation 62(2)(b).”;

(b)

in sub-paragraphs (c) and (d) of paragraph (2), for “the Employment Service” substitute “Jobcentre Plus”; and

(c)

in sub-paragraph (d) of paragraph (2), for “the Careers Service” substitute “a person other than Jobcentre Plus specified by the Secretary of State for the purposes of regulation 62(1)”.

(6)

In regulation 6241 (registration)—

(a)

in paragraph (1), for “the Careers Service or the Connexions Service” substitute “such person as the Secretary of State may specify”; and

(b)

for paragraphs (2) and (3), substitute–

“(2)

A young person must register with Jobcentre Plus for both employment and training where the Secretary of State has specified a person other than Jobcentre Plus for the purposes of paragraph (1) and—

(a)

the young person is unable to register with that person because of an emergency affecting that person such as a strike or fire, or

(b)

the young person would suffer hardship because of the extra time it would take to register with that person.”.

(7)

In regulation 85A42 (special cases: supplemental – persons from abroad) omit paragraph (4)(f)(i).

(8)

In regulation 10543 (notional income) for paragraph (1) substitute—

“(1)

A claimant is to be treated as possessing income of which the claimant has deprived themselves for the purpose of securing entitlement to a jobseeker’s allowance or increasing the amount of that allowance, or for the purpose of securing entitlement to, or increasing the amount of income support or an employment and support allowance.”.

(9)

In regulations 105(10A)(a)44 (notional income) and 110(10)(c) (income treated as capital), paragraph 17(8)(b) of Schedule 2 (housing costs), paragraphs 22(2) and 41(1) of Schedule 7 (sums to be disregarded in the calculation of income other than earnings) and paragraph 31 of Schedule 8 (capital to be disregarded), after “MFET Limited” insert “, the Skipton Fund, the Caxton Foundation”.

(10)

In regulation 113(3A)(a)45 (notional capital), paragraph 41(7) of Schedule 7 and paragraph 27(1)46 of Schedule 8, after “the Skipton Fund” insert “, the Caxton Foundation”.

(11)

After paragraph 6A47 (member has limited capability for work) of Schedule A148 insert—

“6B.

(1)

Subject to sub-paragraph (2), a person who provides—

(a)

a statement which complies with the rules in Part 1 of Schedule 1 to the Social Security (Medical Evidence) Regulations 197649,

(b)

a self-certificate for a period of limited capability for work which lasts less than 8 days or in respect of any of the first 7 days of limited capability for work, or

(c)

where it would be unreasonable to require a person to provide a statement in accordance with paragraph (a), such other evidence as the Secretary of State considers to be sufficient to show that the person has limited capability for work.

(2)

Sub-paragraph (1) applies to a person for the period covered by evidence falling within that sub-paragraph.

(3)

For the purposes of this paragraph—

(a)

“limited capability for work” has the meaning given by section 1(4) of the Welfare Reform Act 2007; and

(b)

“self-certificate” means a declaration made by the person in writing on a form approved for the purpose by the Secretary of State that the person has been unfit for work on a date or for a period specified in the declaration and may include a statement that the person expects to continue to be unfit for work on days subsequent to the date on which it is made.”.

(12)

In paragraph 15A(1A) of Schedule 150 (applicable amounts: enhanced disability premium) after “claimant” insert “or partner”.

(13)

In Schedule 2 (housing costs)—

(a)

in paragraph 4(4A)(b)51 (housing costs not met) for “failed to satisfy the condition specified either in section 2(1)(c), 3(1)(a) or 3A(1)(a)” substitute “had income equal to or in excess of the amount of earnings calculated under regulation 56 or the applicable amount determined in accordance with regulations 83 to 86C, whichever applies”; and

(b)

in paragraph 13(14)52 (linking rule) for “he or his partner was engaged in remunerative work or failed to satisfy the conditions specified in section 2(1)(c) or 3(1)(a) or the joint-claim couple of which he was a member failed to satisfy the condition in section 3A(1)(a)” substitute “that person, their partner or, where that person is a member of a joint-claim couple, the other member of that couple, was engaged in remunerative work or had income equal to or in excess of the amount of earnings calculated under regulation 56 or the applicable amount determined in accordance with regulations 83 to 86C, whichever applies”.

(14)

In paragraph 12 of Schedule 7 (sums to be disregarded in the calculation of income other than earnings) and paragraph 52 of Schedule 8 (capital to be disregarded)—

(a)

in sub-paragraph (1), after paragraph (a)(iii) omit “or”;

(b)

in sub-paragraph (1), after paragraph (b) add–

“; or

(c)

in England, by way of financial assistance made pursuant to section 14 of the Education Act 2002.”; and

(c)

in sub-paragraph (2), after “education maintenance allowance” insert “or other payment”.

Amendment to the Social Security (Recovery of Benefits) Regulations 199711.

In regulation 2(2) of the Social Security (Recovery of Benefits) Regulations 199753 (exempted trusts and payments) after sub-paragraph (l)54 add—

“(m)

any payment made from the Caxton Foundation, the charitable trust of that name established on 28th March 2011 out of funds provided by the Secretary of State for the benefit of certain persons suffering from hepatitis C and other persons eligible for payment in accordance with its provisions.”.

Amendments to the Social Security and Child Support (Decisions and Appeals) Regulations 199912.

Regulation 3 of the Social Security and Child Support (Decisions and Appeals) Regulations 199955 (revision of decisions) is amended as follows—

(a)

after paragraph (5C)56 insert–

“(5D)

A decision by the Secretary of State under section 8 or 10 awarding an employment and support allowance may be revised at any time if—

(a)

it incorporates a determination that the conditions in regulation 30 of the Employment and Support Allowance Regulations are satisfied;

(b)

the condition referred to in sub-paragraph (a) was not satisfied at the time when the claim was made; and

(c)

there is a period before the award which falls to be decided.57

(b)

after paragraph (5F)58 insert–

“(5G)

Where—

(a)

a person’s entitlement to an employment and support allowance is terminated because of a decision which embodies a determination that the person does not have limited capability for work;

(b)

the person appeals that decision to the First-tier Tribunal;

(c)

before or after that decision is appealed by the person, that person claims and there is a decision to award–

(i)

income support, or

(ii)

jobseeker’s allowance; and

(d)

the decision referred to in sub-paragraph (a) is successfully appealed,

the decision to award income support or jobseeker’s allowance may be revised.

(5H)

Where—

(a)

a conversion decision within the meaning of regulation 5(2)(b) of the Employment and Support Allowance (Transitional Provisions, Housing Benefit and Council Tax Benefit) (Existing Awards) (No. 2) Regulations 201059 (deciding whether an existing award qualifies for conversion) is made in respect of a person;

(b)

the person appeals that decision to the First-tier Tribunal;

(c)

before or after that decision is appealed by the person, that person claims and there is a decision to award–

(i)

income support, or

(ii)

jobseeker’s allowance; and

(d)

the decision referred to in sub-paragraph (a) is successfully appealed,

the decision to award income support or jobseeker’s allowance may be revised.”.

Amendments to the Social Security (Work-focused Interviews for Lone Parents) and Miscellaneous Amendments Regulations 200013.

(1)

The Social Security (Work-focused Interviews for Lone Parents) and Miscellaneous Amendments Regulations 200060 are amended as follows.

(2)

In regulation 2ZA(1)(c)61 (requirement for certain lone parents to take part in an interview), in both places, for “6” substitute “4, 5 or 6”.

(3)

In regulation 8 (reduction of income support)—

(a)

in paragraph (1) omit “on the date the deduction commences”; and

(b)

omit paragraph (4).

Amendments to the Social Security (Jobcentre Plus Interviews) Regulations 200214.

(1)

The Social Security (Jobcentre Plus Interviews) Regulations 200262 are amended as follows.

(2)

In regulation 2(1)63 (interpretation and application) omit the definitions of “the Careers Service” and “the Connexions Service”.

(3)

In regulation 3(3) (requirement for person claiming a specified benefit to take part in an interview) for “the Careers Service or with the Connexions Service” substitute “such person as the Secretary of State may specify”.

(4)

In regulation 4A(1)64 (requirement for certain lone parents to take part in an interview)—

(a)

in sub-paragraph (a), before “is entitled to” insert “is aged 18 or over and”; and

(b)

in sub-paragraph (c), in both places, for “6” substitute “4, 5 or 6”.

(5)

In regulation 11(3) (taking part in an interview) for “the Careers Service or with the Connexions Service” substitute “a person specified by the Secretary of State under regulation 3(3)”.

(6)

In regulation 1265 (failure to take part in an interview)—

(a)

in paragraph (2)(c) omit “on the date the deduction commences”; and

(b)

omit paragraph (8).

Amendments to the State Pension Credit Regulations 200215.

(1)

The State Pension Credit Regulations 200266 are amended as follows.

(2)

In regulation 1(2) (citation, commencement and interpretation)—

(a)

after the definition of “care home service67” insert–

““the Caxton Foundation” means the charitable trust of that name established on 28th March 2011 out of funds provided by the Secretary of State for the benefit of certain persons suffering from hepatitis C and other persons eligible for payment in accordance with its provisions;”; and

(b)

in the definition of “qualifying person” after “the Skipton Fund68” insert “, the Caxton Foundation”.

(3)

In regulation 2 (persons not in Great Britain) omit paragraph (4)(f)(i).

(4)

In regulation 24 (income paid to third parties)—

(a)

in paragraph (1) for “paragraph (2)” substitute “paragraphs (2) or (3)”; and

(b)

after paragraph (2) insert–

“(3)

Paragraph (1) shall not apply in respect of any payment of income arising out of the claimant’s participation in a service user group.”.

(5)

In paragraph 14(8)(b) of Schedule II (housing costs) after “MFET Limited” insert “, the Skipton Fund, the Caxton Foundation”.

(6)

In paragraph 15(1) and (7) of Schedule V (income from capital) after “the Skipton Fund” insert “, the Caxton Foundation”.

(7)

In Part 1 (capital disregarded for the purpose of calculating income) of Schedule V (income from capital), after paragraph 23B insert—

“23C.

Any payments made by virtue of regulations made under—

(a)

section 57 (direct payments) of the Health and Social Care Act 200169;

(b)

section 12B (direct payments in respect of community care services) of the Social Work (Scotland) Act 196870; or

(c)

sections 12A to 12C (direct payments for health care) of the National Health Service Act 200671.”.

Amendments to the Social Security (Jobcentre Plus Interviews for Partners) Regulations 200316.

(1)

The Social Security (Jobcentre Plus Interviews for Partners) Regulations 200372 are amended as follows.

(2)

In regulation 11 (failure to take part in an interview)—

(a)

in paragraph (2) omit “on the date the deduction commences”; and

(b)

omit paragraph (8).

Amendments to the Social Security (Habitual Residence) Amendment Regulations 200417.

Regulation 6 of the Social Security (Habitual Residence) Amendment Regulations 200473 (transitional arrangements and savings) is amended as follows—

(a)

after paragraph (1)(c) add–

“(ca)

to whom sub-paragraph (c) applied, claims an employment and support allowance and it is subsequently determined that he is entitled to that benefit, and this entitlement is linked to a previous period of entitlement by virtue of regulation 145(1) of the Employment and Support Allowance Regulations (linking rules);”;

(b)

in paragraph (2)–

(i)

after sub-paragraph (c) omit “and”, and

(ii)

after sub-paragraph (d) add–

“; and

(e)

regulation 70(2) to (4) of the Employment and Support Allowance Regulations (special cases: supplemental – persons from abroad) does not apply.”; and

(c)

for paragraph (4) substitute–

“(4)

In this regulation—

(a)

“the Employment and Support Allowance Regulations” means the Employment and Support Allowance Regulations 200874; and

(b)

“specified benefit” means income support, housing benefit, council tax benefit, jobseeker’s allowance, state pension credit and employment and support allowance.”.

Amendments to the Social Fund Maternity and Funeral Expenses (General) Regulations 200518.

Regulation 10 of the Social Fund Maternity and Funeral Expenses (General) Regulations 200575 (deductions from an award of a funeral payment) is amended as follows—

(a)

in paragraph (2) omit “or” at the end of sub-paragraph (h) and after sub-paragraph (i) add–

“or

(j)

the Caxton Foundation,”; and

(b)

in paragraph (3) for “and “the London Bombings Relief Charitable Fund”” substitute “, “the London Bombings Relief Charitable Fund” and “the Caxton Foundation””.

Amendments to the Housing Benefit Regulations 200619.

(1)

The Housing Benefit Regulations 200676 are amended as follows.

(2)

In regulation 2(1) (interpretation)—

(a)

after the definition of “care home” insert–

““the Caxton Foundation” means the charitable trust of that name established on 28th March 2011 out of funds provided by the Secretary of State for the benefit of certain persons suffering from hepatitis C and other persons eligible for payment in accordance with its provisions;”; and

(b)

in the definition of “qualifying person” after “the Skipton Fund” insert “, the Caxton Foundation”.

(3)

In regulation 10 (persons from abroad) omit paragraph (3B)(f)(i)77.

(4)

In regulation 37 (earnings of self-employed earners), in paragraph (1) omit the words from “and shall include” to the end of the paragraph.

(5)

In regulations 42(7)(a) (notional income), 46(6) (income treated as capital) and 74(9)(b) (non-dependant deductions), and paragraph 35(1) of Schedule 5 (sums to be disregarded in the calculation of income other than earnings) and paragraph 34 of Schedule 6 (capital to be disregarded), after “MFET Limited” insert “, the Skipton Fund, the Caxton Foundation”.

(6)

In—

(a)

paragraph 24(1) of Schedule 6 for “the Skipton Funds” substitute “the Skipton Fund, the Caxton Foundation”; and

(b)

regulations 49(4)(a) (notional capital), 86(4)(a)(ii) (evidence and information), paragraph 35(7) of Schedule 5 and paragraph 24(7) of Schedule 6, after “the Skipton Fund” insert “, the Caxton Foundation”.

(7)

In Schedule 3 (applicable amounts)—

(a)

in paragraph 378 (family premium)–

(i)

in sub-paragraph (1) omit “Subject to sub-paragraph (2),”, and

(ii)

omit sub-paragraph (2)79; and

(b)

in paragraph 15(1A)80 (enhanced disability premium) after “claimant” insert “or partner”.

(8)

In paragraph 11 of Schedule 5 (sums to be disregarded in the calculation of income other than earnings) and paragraph 51 of Schedule 6—

(a)

in sub-paragraph (1), after paragraph (a)(iii) omit “or”;

(b)

in sub-paragraph (1), after paragraph (b) add–

“; or

(c)

in England, by way of financial assistance made pursuant to section 14 of the Education Act 2002.”; and

(c)

in sub-paragraph (2), after “education maintenance allowance” insert “or other payment”.

Amendments to the Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 200620.

(1)

The Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 200681 are amended as follows.

(2)

In regulation 2(1) (interpretation)—

(a)

after the definition of “care home” insert–

““the Caxton Foundation” means the charitable trust of that name established on 28th March 2011 out of funds provided by the Secretary of State for the benefit of certain persons suffering from hepatitis C and other persons eligible for payment in accordance with its provisions;”;

(b)

in the definition of “person who requires overnight care82” for the full-out words at the end of paragraph (b) substitute–

“but, in a case where P is treated as occupying a dwelling which P does not actually occupy, sub-paragraphs (b)(ii) and (iii) are to be treated as satisfied where the relevant authority is satisfied that the dwelling contains such an additional bedroom and that P did or will reasonably so require and so arrange at such time as P actually occupied or occupies the dwelling;”; and

(c)

in the definition of “qualifying person” after “the Skipton Fund” insert “, the Caxton Foundation”.

(3)

In regulation 10 (persons from abroad) omit paragraph (4A)(f)(i)83.

(4)

In regulation 22 (applicable amounts) omit paragraph (1)(d)84.

(5)

In regulation 38(1) (earnings of self-employed earners) omit the words from “and shall include” to the end of the paragraph.

(6)

In regulation 42 (income paid to third parties)—

(a)

in paragraph (1) for “paragraph (2)” substitute “paragraphs (2) or (3)”; and

(b)

after paragraph (2) insert–

“(3)

Paragraph (1) shall not apply in respect of any payment of income other than earnings, or earnings derived from employment as an employed earner, arising out of the claimant’s participation in a service user group.”.

(7)

In regulation 55(10)(b) (non-dependant deductions) after “MFET Limited” insert “, the Skipton Fund, the Caxton Foundation”.

(8)

In regulation 67(4)(a)(ii) (evidence and information) and paragraph 16(1)(a) of Schedule 6 (capital to be disregarded) after “the Skipton Fund” insert “, the Caxton Foundation”.

(9)

In regulation 77(4)85 (circumstances in which payment may be made to a landlord), in the definition of “landlord” for “regulation 95” substitute “regulation 76”.

(10)

In Schedule 3 (applicable amounts)—

(a)

in paragraph 3 (family premium) omit sub-paragraph (2)86; and

(b)

in paragraph 7(2)87 (enhanced disability premium) after “claimant” insert “or partner”.

(11)

In Part 1 (capital to be disregarded generally) of Schedule 6 (capital to be disregarded), after paragraph 26C88 insert—

“26D.

Any payments made by virtue of regulations made under—

(a)

section 57 of the Health and Social Care Act 2001 (direct payments)89;

(b)

section 12B of the Social Work (Scotland) Act 1968 (direct payments in respect of community care services)90; or

(c)

sections 12A to 12C of the National Health Service Act 2006 (direct payments for health care)91.”.

Amendments to the Council Tax Benefit Regulations 200621.

(1)

The Council Tax Benefit Regulations 200692 are amended as follows.

(2)

In regulation 2(1) (interpretation)—

(a)

after the definition of “care home” insert–

““the Caxton Foundation” means the charitable trust of that name established on 28th March 2011 out of funds provided by the Secretary of State for the benefit of certain persons suffering from hepatitis C and other persons eligible for payment in accordance with its provisions;”; and

(b)

in the definition of “qualifying person” after “the Skipton Fund” insert “, the Caxton Foundation”.

(3)

In regulation 7 (persons from abroad) omit paragraph (4A)(f)(i)93.

(4)

In regulation 27(1) (earnings of self-employed earners) omit the words from “and shall include” to the end of the paragraph.

(5)

In regulations 32(7)(a)94 (notional income), 36(6) (income treated as capital) and 58(9)(b) non-dependant deductions), and in paragraph 2(b) of Schedule 2 (amount of alternative maximum council tax benefit), paragraph 36(1) of Schedule 4 (sums to be disregarded in the calculation of income other than earnings) and paragraph 34 of Schedule 5 (capital to be disregarded), after “MFET Limited” insert “, the Skipton Fund, the Caxton Foundation”.

(6)

In—

(a)

paragraph 24(1) of Schedule 5 for “the Skipton Funds” substitute “the Skipton Fund, the Caxton Foundation”; and

(b)

regulations 39(4)(a) (notional capital) and 72(4)(a)(ii) (evidence and information), and paragraph 36(7) of Schedule 4, paragraph 24(7) of Schedule 5, after “the Skipton Fund” insert “, the Caxton Foundation”.

(7)

In Schedule 1 (applicable amounts)—

(a)

in paragraph 395 (family premium)–

(i)

in sub-paragraph (1) omit “Subject to sub-paragraph (2)”, and

(ii)

omit sub-paragraph (2)96; and

(b)

in paragraph 15(1A)97 (enhanced disability premium) after “claimant” insert “or partner”.

(8)

In paragraph 12 of Schedule 4 and paragraph 53 of Schedule 5—

(a)

in sub-paragraph (1), after paragraph (a)(iii) omit “or”;

(b)

in sub-paragraph (1), after paragraph (b) add–

“; or

(c)

in England, by way of financial assistance made pursuant to section 14 of the Education Act 2002.”; and

(c)

in sub-paragraph (2), after “education maintenance allowance” insert “or other payment”.

Amendments to the Council Tax Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 200622.

(1)

The Council Tax Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 200698 are amended as follows.

(2)

In regulation 2(1) (interpretation)—

(a)

after the definition of “carer’s allowance” insert–

““the Caxton Foundation” means the charitable trust of that name established on 28th March 2011 out of funds provided by the Secretary of State for the benefit of certain persons suffering from hepatitis C and other persons eligible for payment in accordance with its provisions;”; and

(b)

in the definition of “qualifying person” after “the Skipton Fund” insert “, the Caxton Foundation”.

(3)

In regulation 7 (persons from abroad) omit paragraph (4A)(f)(i)99.

(4)

In regulation 12 (applicable amounts) omit paragraph (1)(d)100.

(5)

In regulation 28(1) (earnings of self-employed earners) omit the words from “and shall include” to the end of the paragraph.

(6)

In regulation 32 (income paid to third parties)—

(a)

in paragraph (1) for “paragraph (2)” substitute “paragraphs (2) or (3)”; and

(b)

after paragraph (2) insert–

“(3)

Paragraph (1) shall not apply in respect of any payment of income other than earnings, or earnings derived from employment as an employed earner, arising out of the claimant’s participation in a service user group.”.

(7)

In regulation 42(9)(b) (non-dependant deductions) and paragraph 2(b) of Schedule 6 (amount of alternative maximum council tax benefit) after “MFET Limited” insert “, the Skipton Fund, the Caxton Foundation”.

(8)

In regulation 57(4)(a) (evidence and information) and paragraph 16(1)(a) of Schedule 4 (capital disregards) after “the Skipton Fund” insert “, the Caxton Foundation”.

(9)

In Schedule 1 (applicable amounts)—

(a)

in paragraph 3 (family premium) omit sub-paragraph (2)101; and

(b)

in paragraph 7(2)102 (enhanced disability premium) after “claimant” insert “or partner”.

(10)

In Part 1 (capital to be disregarded) of Schedule 4, after paragraph 26C103 insert—

“26D.

Any payments made by virtue of regulations made under—

(a)

section 57 of the Health and Social Care Act 2001 (direct payments)104;

(b)

section 12B of the Social Work (Scotland) Act 1968 (direct payments in respect of community care services)105; or

(c)

sections 12A to 12C of the National Health Service Act 2006 (direct payments for health care)106.”.

Amendments to the Employment and Support Allowance Regulations 200823.

(1)

The Employment and Support Allowance Regulations 2008 are amended as follows.

(2)

In regulation 2(1) (interpretation)—

(a)

after the definition of “carer’s allowance” insert–

““the Caxton Foundation” means the charitable trust of that name established on 28th March 2011 out of funds provided by the Secretary of State for the benefit of certain persons suffering from hepatitis C and other persons eligible for payment in accordance with its provisions;”;

(b)

in the definition of “qualifying person” after “the Skipton Fund” insert “, the Caxton Foundation”; and

(c)

omit the definition of “relevant disease” and after the definition of “relevant enactment” insert–

““relevant infection or contamination” means—

(a)

in England and Wales–

  1. (i)
    any incidence or spread of infection or contamination, within the meaning of section 45A(3) of the Public Health (Control of Disease) Act 1984107 in respect of which regulations are made under Part 2A of that Act108 (public health protection) for the purpose of preventing, protecting against, controlling or providing a public health response to, such incidence or spread, or
  2. (ii)
    any disease, food poisoning, infection, infectious disease or notifiable disease to which regulation 9 (powers in respect of persons leaving aircraft) of the Public Health (Aircraft) Regulations 1979109 applies or to which regulation 10 (powers in respect of certain persons on ships) of the Public Health (Ships) Regulations 1979110 applies; and

(b)

in Scotland, any–

  1. (i)
    infectious disease within the meaning of section 1(5) of the Public Health etc (Scotland) Act 2008111, or exposure to an organism causing that disease, or
  2. (ii)

    contamination within the meaning of section 1(5) of that Act, or exposure to a contaminant,

to which sections 56 to 58 of that Act (compensation) apply.”.

(3)

In regulation 8(1) (relaxation of the first contribution condition), for sub-paragraph (b) substitute—

“(b)

the claimant has—

(i)

earnings at the lower earnings limit in that tax year on which primary Class 1 contributions have been paid or treated as paid which in total, and disregarding any earnings which exceed the lower earnings limit for that year, are not less than that limit multiplied by 26; or

(ii)

earnings factors in that tax year derived from Class 2 contributions multiplied by 26.”.

(4)

In regulation 20(c) (certain claimants to be treated as having limited capability for work), for “by reason of the claimant being a carrier, or having been in contact with a case, of a relevant disease” substitute “by reason of it being known or reasonably suspected that the claimant is infected or contaminated by, or has been in contact with a case of, a relevant infection or contamination”.

(5)

In each of regulations 22(2)(a) (failure to provide information in relation to limited capability for work) and 37(2)(a) (failure to provide information in relation to work-related activity), for “6 weeks” substitute “4 weeks”.

(6)

In each of regulations 22(2)(b) and 37(2)(b)—

(a)

for “4 weeks” substitute “3 weeks”; and

(b)

for “2 weeks have” substitute “1 week has”.

(7)

In regulation 70112 (special cases: supplemental – persons from abroad) omit paragraph (4)(f)(i).

(8)

In regulations 107(5)(a)113 (notional income – income due to be paid or income paid to or in respect of a third party) and 112(8)114 (income treated as capital), and paragraph 19(8)(b) of Schedule 6 (housing costs), paragraphs 22(2) and 41(1) of Schedule 8 (sums to be disregarded in the calculation of income other than earnings) and paragraph 31 of Schedule 9 (capital to be disregarded), after “MFET Limited” insert “, the Skipton Fund, the Caxton Foundation”.

(9)

In regulation 115(5)(a) (notional capital), and paragraph 41(7) of Schedule 8 and paragraph 27(1) and (7) of Schedule 9, after “the Skipton Fund” insert “, the Caxton Foundation”.

(10)

In regulation 147A(5)115 (claimants appealing a decision)—

(a)

in sub-paragraph (c) for “or struck out,” substitute “, struck out or has been discontinued in accordance with the provisions of regulation 33(10) of the Social Security and Child Support (Decisions and Appeals) Regulations 1999 (notice of appeal)116,”; and

(b)

after the words “is to be treated as not having limited capability for work”, for the remainder of paragraph (5) substitute “with effect from the day specified in paragraph (5A).”.

(11)

After regulation 147A(5) insert—

“(5A)

The day specified for the purposes of paragraph (5) is the first day of the benefit week following the date on which the Secretary of State either—

(a)

receives the First-tier Tribunal’s notification that the appeal is dismissed, withdrawn or struck out, or

(b)

discontinues action on an appeal in the circumstances to which regulation 33(10) of the Social Security and Child Support (Decisions and Appeals) Regulations 1999 (notice of appeal) applies.”.

(12)

In regulation 148(3)117 (work or training beneficiaries) after the definition of “linking term” insert—

““most recent past period of limited capability for work” means the period of limited capability for work which most recently precedes the period in respect of which the current claim is made, including any period of which that previous period is treated as a continuation by virtue of regulation 145(1) or (2) (linking rules);”.

(13)

In regulation 161(1)(a) (suspension of payment of a contributory allowance during imprisonment) for “(2)” substitute “(1)”.

(14)

In paragraph 6 (severe disability premium) of Schedule 4 (amounts), in—

(a)

sub-paragraph (2)(a)(i); and

(b)

sub-paragraph (2)(b)(i),

after “care component” insert “or attendance allowance”.

(15)

In paragraph 15118 (linking rule) of Schedule 6, in sub-paragraphs (4)(b) and (17)(c) after “income” insert “equal to or”.

(16)

In paragraph 13 of Schedule 8 and paragraph 52 of Schedule 9—

(a)

in sub-paragraph (1), after paragraph (a)(iii) omit “or”;

(b)

in sub-paragraph (1), after paragraph (b) add–

“; or

(c)

in England, by way of financial assistance made pursuant to section 14 of the Education Act 2002.”; and

(c)

in sub-paragraph (2), after “education maintenance allowance” insert “or other payment”.

Amendment to the Social Security (Recovery of Benefits) (Lump Sum Payments) Regulations 200824.

In regulation 7(2) of the Social Security (Recovery of Benefits) (Lump Sum Payments) Regulations 2008119 (exempted trusts and payments) after sub-paragraph (i)120 add—

“(j)

any payment made from the Caxton Foundation, the charitable trust of that name established on 28th March 2011 out of funds provided by the Secretary of State for the benefit of certain persons suffering from hepatitis C and other persons eligible for payment in accordance with its provisions.”.

Amendments to the Social Security (Incapacity Benefit Work-focused Interviews) Regulations 200825.

In regulation 9 (consequences of failure to take part in an interview) of the Social Security (Incapacity Benefit Work-focused Interviews) Regulations 2008121—

(a)

in paragraph (2) for “(6)” substitute “(5)”); and

(b)

omit paragraph (6).

Amendments to the Social Security (Housing Costs Special Arrangements) (Amendment and Modification) Regulations 200826.

(1)

The Social Security (Housing Costs Special Arrangements) (Amendment and Modification) Regulations 2008122 are amended as follows.

(2)

In regulation 6(a) (which modifies Schedule 2 (housing costs) to the Jobseeker’s Allowance Regulations 1996 in relation to certain claimants who are entitled to a relevant benefit on 4th January 2009), after paragraph 4A(3) in the modifications to Schedule 2 insert—

“(4)

In determining whether the exemption provided for in sub-paragraph (3) applies, where the claimant or his partner or, if the claimant is a member of a joint-claim couple, the other member of the couple was in receipt of a jobseeker’s allowance immediately before becoming entitled to income support by virtue of regulation 6(6) of the Income Support Regulations, no account shall be taken of entitlement arising by virtue of that regulation.”.

(3)

In regulation 11(b) (which modifies Schedule 2 (housing costs) to the Jobseeker’s Allowance Regulations 1996 in relation to certain claimants who are entitled to a relevant benefit after 4th January 2009), in paragraph 4A of the modifications to Schedule 2—

(a)

in sub-paragraph (2) for “(6)” substitute “(7)”; and

(b)

after sub-paragraph (6) insert–

“(7)

In determining whether the exemption provided for in sub-paragraph (6) applies, where the claimant or his partner or, if the claimant is a member of a joint-claim couple, the other member of the couple was in receipt of a jobseeker’s allowance immediately before becoming entitled to income support by virtue of regulation 6(6) of the Income Support Regulations, no account shall be taken of entitlement arising by virtue of that regulation.”.

Amendments to the Employment and Support Allowance (Transitional Provisions, Housing Benefit and Council Tax Benefit (Existing Awards) (No. 2) Regulations 201027.

(1)

The Employment and Support Allowance (Transitional Provisions, Housing Benefit and Council Tax Benefit) (Existing Awards) (No. 2) Regulations 2010123 are amended as follows.

(2)

In regulation 6(1)(b) (application of certain enactments for purpose of making conversion decisions) after “revision” insert “or supersession”.

(3)

In each of paragraphs (f) and (g) of regulation 17124 (changes of circumstances before the effective date) after “revise” insert “or supersede”.

(4)

Schedule 2 (modification of enactments: after the conversion phase) is amended as follows—

(a)

in paragraph 15125, which modifies regulation 147A of the Employment and Support Allowance Regulations 2008 (claimants appealing a decision)–

(i)

in paragraph (5) of the modified regulation 147A–

(aa)

in sub-paragraph (c), for “or struck out,” substitute “, struck out or has been discontinued in accordance with the provisions of regulation 33(10) of the Social Security and Child Support (Decisions and Appeals) Regulations 1999 (notice of appeal)126,”; and

(bb)

after the words “is to be treated as not having limited capability for work”, for the remainder of paragraph (5) substitute “with effect from the day specified in paragraph (5A).”,

(ii)

after paragraph (5) of the modified regulation 147A insert–

“(5A)

The day specified for the purposes of paragraph (5) is the first day of the benefit week following the date on which the Secretary of State either—

(a)

receives the First-tier Tribunal’s notification that the appeal is dismissed, withdrawn or struck out, or

(b)

discontinues action on an appeal in the circumstances to which regulation 33(10) of the Social Security and Child Support (Decisions and Appeals) Regulations 1999 (notice of appeal) applies.”, and

(iii)

in paragraph (6) of the modified regulation 147A, for “on the first day of the benefit week following the date on which the Secretary of State was notified by the First-tier Tribunal of that decision” substitute “from the first day of the benefit week following the date on which the Secretary of State receives the First-tier Tribunal’s notification of that decision”; and

(b)

after paragraph 26 (modification of the Additional Pension and Social Security Pensions (Home Responsibilities) (Amendment) Regulations 2001) insert—

“Social Security (Habitual Residence) Amendment Regulations 2004

27.

Regulation 6 of the Social Security (Habitual Residence) Amendment Regulations 2004127 (transitional arrangements and savings) is to be read as if—

(a)

in paragraph (1)–

(i)

sub-paragraphs (a), (b) and (d) were omitted, and

(ii)

for sub-paragraph (c) there were substituted—

“(c)

is entitled to an employment and support allowance by virtue of—

(i)

the Employment and Support Allowance (Transitional Provisions, Housing Benefit and Council Tax Benefit) (Existing Awards) (No. 2) Regulations 2010, or

(ii)

regulation 30 of the Employment and Support Allowance Regulations (conditions for treating a claimant as having limited capability for work until a determination about limited capability for work has been made) in the circumstances where the person has made and is pursuing an appeal against a conversion decision made under the Employment and Support Allowance (Transitional Provisions, Housing Benefit and Council Tax Benefit) (Existing Awards) (No. 2) Regulations 2010 which embodies a determination that the person does not have limited capability for work,

and immediately before the effective date of the conversion decision made in respect of that person, was entitled to a specified benefit in respect of a period which was continuous with a period of entitlement to the same or another specified benefit which included 30th April 2004;”; and

(b)

in paragraph (4), before sub-paragraph (a) there were inserted–

“(za)

“conversion decision” and “effective date” have the same meanings as in regulation 2(1) of the Employment and Support Allowance (Transitional Provisions, Housing Benefit and Council Tax Benefit) (Existing Awards) (No. 2) Regulations 2010;”.

(5)

In Schedule 3 (list of regulations that apply after the conversion phase) after “The Social Security (Jobcentre Plus Interviews for Partners) Regulations 2003” insert—

“The Social Security (Habitual Residence) Amendment Regulations 2004”.

Amendment to the Social Security (Contribution Conditions for Jobseeker’s Allowance and Employment and Support Allowance) Regulations 201028.

Regulation 3(3) of the Social Security (Contribution Conditions for Jobseeker’s Allowance and Employment and Support Allowance) Regulations 2010128 (amendment of the Employment and Support Allowance Regulations 2008) is revoked.

Amendment to the Jobseeker’s Allowance (Employment, Skills and Enterprise Scheme) Regulations 201129.

In regulation 8(8) (consequences of failure to participate in the scheme) of Jobseeker’s Allowance (Employment, Skills and Enterprise Scheme) Regulations 2011129 after “where” insert “on the same day as or before or”.