The Social Security (Miscellaneous Amendments) Regulations 2011
The Secretary of State for Work and Pensions makes the following Regulations in exercise of the powers conferred by—
- sections 30E(1), 123(1)(a), (d) and (e), 135(1), 136(3) and (5)(b), 137(1), 171A(2), 171D(2) and 175(1), (3) and (4) of, and paragraph 2(3) of Schedule 7 to, the Social Security Contributions and Benefits Act 19921,
- sections 2A(1), (6) and (8), 5(1)(p), 15A(2)(a), 189(1),(4) and (5) and 191 of the Social Security Administration Act 19922,
- sections 4(5), 12(1), 35(1) and 36(2) and (4) of, and paragraph 3 of Schedule 1 to, the Jobseekers Act 19953,
- sections 10(6), 79(4) and (6) and 84 of the Social Security Act 19984, and
- sections 3(2)(d), 4(2), 17(1) and (3)(b), 24(1) and 25(2) and (5) of, and paragraphs 1, 4, 9 and 10 of Schedule 2 to, the Welfare Reform Act 20075.
In accordance with section 173(1)(b) of the Social Security Administration Act 1992, the Secretary of State has obtained the agreement of the Social Security Advisory Committee and the Industrial Injuries Advisory Council that proposals in respect of these Regulations should not be referred to them.
Citation and commencement1.
(1)
These Regulations may be cited as the Social Security (Miscellaneous Amendments) Regulations 2011.
(2)
Regulations 1 and 12 to 15 come into force on 4th April 2011 in relation to any case where rent is payable at intervals of a week or any multiple of whole weeks, and in any other case on 1st April 2011.
(3)
Regulations 3(5) and (6)(a), 7(6) and (7)(c), 11 and 16(11)(a), (12) and (13), so far as they relate to a particular claimant, come into force on the first day of the first benefit week to commence for that claimant on or after 11th April 2011.
(4)
All other regulations come into force on 11th April 2011.
(5)
In this regulation “benefit week” has the same meaning—
(a)
(b)
(c)
Amendments to the Social Security (General Benefit) Regulations 19822.
“16.
(1)
For the purposes of section 58(3) (earnings level that does not disqualify for unemployability supplement) the prescribed amount of earnings in a year is determined as follows–
(a)
multiply the National Minimum Wage by 16;
(b)
where the amount determined by the calculation in sub-paragraph (a) would, but for this sub-paragraph, include an amount of–
(i)
less than 50p, the amount determined under sub-paragraph (a) shall be rounded up to the nearest 50p, or
(ii)
less than £1 but more than 50p, the amount determined under sub-paragraph (a) shall be rounded up to the nearest £1; and
(c)
multiply the amount resulting from sub-paragraph (a) or (b) by 52.
(2)
In this regulation “National Minimum Wage” means the rate of the national minimum wage specified in regulation 11 of the National Minimum Wage Regulations 199911 (rate of the national minimum wage).”.
Amendments to the Income Support (General) Regulations 19873.
(1)
(2)
In regulation 31 (date on which income is treated as paid)—
(a)
in paragraph (1) for “to (4) apply” substitute “applies”; and
(b)
(3)
(4)
(5)
In Schedule 2 (applicable amounts)—
(a)
“(1A)
Where the condition in sub-paragraph (1) ceases to be satisfied because of the death of a child or young person, the condition is that the claimant is entitled to child benefit in respect of that person under section 145A of the Contributions and Benefits Act17 (entitlement after death of child or qualifying young person).”; and
(b)
(i)
after sub-paragraph (1)(a) omit “or”,
(ii)
“; or
(c)
a child or young person in respect of whom section 145A of the Contributions and Benefits Act (entitlement after death of child or qualifying young person) applies for the purposes of entitlement to child benefit but only for the period prescribed under that section, and in respect of whom a disabled child premium was included in the claimant’s applicable amount immediately before the death of that child or young person, or ceased to be included in the claimant’s applicable amount because of that child or young person’s death.”, and
(iii)
in sub-paragraph (2), after “condition” insert “in sub-paragraph (1)(a) or (b)”.
(6)
In Schedule 3 (housing costs)—
(a)
(b)
in paragraph 14(1) omit “Subject to sub-paragraph (2),”; and
(c)
omit paragraph 14(2).
Amendments to the Social Security (Claims and Payments) Regulations 19874.
(1)
(2)
(a)
in the definition of “specified benefit” in paragraph 1(1) omit “but does not include any sum payable by way of child maintenance bonus in accordance with section 10 of the Child Support Act 1995 and the Child Maintenance Bonus Regulations 1996;”; and
(b)
“(2)
For the purposes of sub-paragraph (1) arrears of rent do not include any amount which falls to be deducted under regulation 74 of the Housing Benefit Regulations23 (non-dependant deductions) or, as the case may be, regulation 55 of the Housing Benefit (State Pension Credit) Regulations24 (non-dependant deductions) when assessing a person’s housing benefit.”.
(3)
Amendments to the Social Security (Incapacity Benefit) Regulations 19945.
“8.
(1)
For the purpose of section 30E(1) of the Contributions and Benefits Act (incapacity benefit: reduction for councillor’s allowance) the prescribed amount is 16 x National Minimum Wage, subject to paragraph (3).
(2)
In this regulation “National Minimum Wage” means the rate of the national minimum wage specified in regulation 11 of the National Minimum Wage Regulations 1999 (rate of the national minimum wage).
(3)
Where the amount determined by the calculation in paragraph (1) would, but for this paragraph, include an amount of–
(a)
less than 50p, that amount shall be rounded up to the nearest 50p; or
(b)
less than £1 but more than 50p, that amount shall be rounded up to the nearest £1.”.
Amendments to the Social Security (Incapacity for Work) (General) Regulations 19956.
(1)
(2)
In regulation 2(1) (interpretation), in the definition of “medical evidence”, after “medical evidence” insert “, except in regulation 16A,”.
(3)
(a)
the existing provision becomes paragraph (1);
(b)
in paragraph (1)(a) omit “in accordance with regulation 28(2)(a)”; and
(c)
“(2)
In this regulation “medical evidence” means evidence provided under regulation 2 or 5 of the Social Security (Medical Evidence) Regulations 197629.”.
(4)
(a)
in paragraphs (3) and (4), for “£95.00” substitute “16 x National Minimum Wage, subject to paragraph (10),”;
(b)
““National Minimum Wage” means the rate of the national minimum wage specified in regulation 11 of the National Minimum Wage Regulations 1999 (rate of the national minimum wage);”; and
(c)
“(10)
Where the amount determined by the calculation in paragraphs (3) and (4) would, but for this paragraph, include an amount of–
(a)
less than 50p, that amount shall be rounded up to the nearest 50p; or
(b)
less than £1 but more than 50p, that amount shall be rounded up to the nearest £1.”.
Amendments to the Jobseeker’s Allowance Regulations 19967.
(1)
(2)
(3)
In regulation 96 (date on which income is treated as paid)—
(a)
in paragraph (1) for “to (4) apply” substitute “applies”; and
(b)
(4)
(5)
(6)
In Schedule 1 (applicable amounts)—
(a)
“(1A)
Where the condition in sub-paragraph (1) ceases to be satisfied because of the death of a child or young person, the condition is that the claimant is entitled to child benefit in respect of that person under section 145A of the Benefits Act (entitlement after death of child or qualifying young person).”; and
(b)
in paragraph 16 (disabled child premium)–
(i)
after sub-paragraph (1)(a) omit “or”,
(ii)
“; or
(c)
a child or young person in respect of whom section 145A of the Benefits Act (entitlement after death of child or qualifying young person) applies for the purposes of entitlement to child benefit but only for the period prescribed under that section, and in respect of whom a disabled child premium was included in the claimant’s applicable amount immediately before the death of that child or young person, or ceased to be included in the claimant’s applicable amount because of that child or young person’s death.”, and
(iii)
in sub-paragraph (2), after “condition” insert “in sub-paragraph (1)(a) or (b)”.
(7)
In Schedule 2 (housing costs)—
(a)
(b)
omit paragraph 13(2); and
(c)
in paragraph 13(5)(b) after “income” insert “equal to or”.
Amendments to the Social Security and Child Support (Decisions and Appeals) Regulations 19998.
(a)
“(b)
except as provided in the following paragraphs–
(i)
where state pension credit is paid in advance, from the day that change occurs or is expected to occur if either of those days is the first day of a benefit week but if it is not from the next following such day;
(ii)
where state pension credit is paid in arrears, from the first day of the benefit week in which that change occurs or is expected to occur.”;
(b)
in paragraph 2, after “has changed” insert “or that the claimant becomes entitled to disability living allowance (middle or higher rate care component) or to attendance allowance”;
(c)
(d)
“8A.
Where the relevant change of circumstances is the death of the claimant, the superseding decision shall take effect on the first day of the benefit week next following the date of death.”.
Amendments to the Social Security (Work-focused Interviews for Lone Parents) and Miscellaneous Amendments Regulations 20009.
(1)
(2)
(a)
(b)
“(8)
In this regulation, “relevant interview” means an interview under these Regulations in relation to the lone parent’s current award of income support.”.
(3)
In regulation 2A(3), omit “or 2B”.
(4)
Omit—
(a)
(b)
regulation 4(4) (circumstances where requirement to take part in an interview does not apply); and
(c)
Schedule 3 (areas for the purposes of regulation 2B).
(5)
In regulation 4(3) (circumstances where requirement to take part in an interview does not apply), for “2ZA, 2A and 2B” substitute “2ZA and 2A”.
(6)
In regulation 5(2) (deferment of requirement to take part in an interview), for “2, 2ZA, 2A and 2B” substitute “2, 2ZA and 2A”.
(7)
In regulation 6(2)(a) (waiver), for “2, 2ZA, 2A and 2B” substitute “2, 2ZA and 2A”.
(8)
In regulation 7(3)(b) (consequences of a failure to take part in an interview), for “2(3) or (4), 2ZA, 2A or 2B” substitute “2(3) or (4), 2ZA or 2A”.
Amendments to the Social Security (Jobcentre Plus Interviews) Regulations 200210.
(a)
at the end of paragraph (2)(i) insert “or”;
(b)
omit paragraph (2)(iii) and (iv); and
(c)
“(5A)
In this regulation, “relevant interview” means an interview under these Regulations in relation to the lone parent’s current award of the specified benefit.”.
Amendments to the Social Security (Working Tax Credit and Child Tax Credit) (Consequential Amendments) Regulations 200311.
(a)
(b)
Amendments to the Housing Benefit Regulations 200612.
(1)
(2)
(a)
“(1A)
Where the condition in sub-paragraph (1) ceases to be satisfied because of the death of a child or young person, the condition is that the claimant is entitled to child benefit in respect of that person under section 145A of the Act53 (entitlement to child benefit after death of child or qualifying young person).”; and
(b)
in sub-paragraph (2), for “An enhanced disability premium shall not be applicable in respect of” substitute “The condition is not satisfied if the person to whom sub-paragraph (1) refers is”.
(3)
“(c)
is a child or young person in respect of whom section 145A of the Act (entitlement to child benefit after death of child or qualifying young person) applies for the purposes of entitlement to child benefit but only for the period prescribed under that section, and in respect of whom a disabled child premium was included in the claimant’s applicable amount immediately before the death of that child or young person, or ceased to be included in the claimant’s applicable amount because of that child or young person’s death.”.
(4)
Omit paragraph 48 of Schedule 6 (capital to be disregarded: child maintenance bonus).
Amendments to the Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 200613.
(1)
(2)
In paragraph 7 of Schedule 3 (enhanced disability premium)—
(a)
the existing provision becomes sub-paragraph (1);
(b)
for “The condition” substitute “Subject to sub-paragraph (2), the condition”; and
(c)
“(2)
Where the condition in sub-paragraph (1) ceases to be satisfied because of the death of a child or young person, the condition is that the claimant is entitled to child benefit in respect of that person under section 145A of the Act (entitlement after death of child or qualifying young person).”.
(3)
“(c)
is a child or young person in respect of whom section 145A of the Act (entitlement after death of child or qualifying young person) applies for the purposes of entitlement to child benefit but only for the period prescribed under that section, and in respect of whom a disabled child premium was included in the claimant’s applicable amount immediately before the death of that child or young person, or ceased to be included in the claimant’s applicable amount because of that child or young person’s death.”.
Amendments to the Council Tax Benefit Regulations 200614.
(1)
(2)
(a)
“(1A)
Where the condition in sub-paragraph (1) ceases to be satisfied because of the death of a child or young person, the condition is that the claimant is entitled to child benefit in respect of that person under section 145A of the Act (entitlement after death of child or qualifying young person).”; and
(b)
in sub-paragraph (2), for “An enhanced disability premium shall not be applicable in respect of” substitute “The condition is not satisfied if the person to whom sub-paragraph (1) refers is”.
(3)
“(c)
is a child or young person in respect of whom section 145A of the Act (entitlement after death of child or qualifying young person) applies for the purposes of entitlement to child benefit but only for the period prescribed under that section, and in respect of whom a disabled child premium was included in the claimant’s applicable amount immediately before the death of that child or young person, or ceased to be included in the claimant’s applicable amount because of that child or young person’s death.”.
(4)
Omit paragraph 50 of Schedule 5 (capital to be disregarded: child maintenance bonus).
Amendments to the Council Tax Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 200615.
(1)
(2)
In paragraph 7 of Schedule 1 (enhanced disability premium)—
(a)
the existing provision becomes sub-paragraph (1);
(b)
for “The condition” substitute “Subject to sub-paragraph (2), the condition”; and
(c)
“(2)
Where the condition in sub-paragraph (1) ceases to be satisfied because of the death of a child or young person, the condition is that the claimant is entitled to child benefit in respect of that person under section 145A of the Act (entitlement after death of child or qualifying young person).”.
(3)
“(c)
is a child or young person in respect of whom section 145A of the Act (entitlement after death of child or qualifying young person) applies for the purposes of entitlement to child benefit but only for the period prescribed under that section, and in respect of whom a disabled child premium was included in the claimant’s applicable amount immediately before the death of that child or young person, or ceased to be included in the claimant’s applicable amount because of that child or young person’s death.”.
Amendments to the Employment and Support Allowance Regulations 200816.
(1)
(2)
In regulation 2(1) (interpretation)—
(a)
““First-tier Tribunal” has the meaning given by section 3(1) of the Tribunals, Courts and Enforcement Act 200759;”;
(b)
in the definition of “medical evidence”, after “medical evidence” insert “, except in regulation 32A,”; and
(c)
““National Minimum Wage” means the rate of the national minimum wage specified in regulation 11 of the National Minimum Wage Regulations 1999 (rate of the national minimum wage);”.
(3)
In regulation 30(3) (conditions for treating a claimant as having limited capability for work until a determination about limited capability for work has been made), for “an appeal tribunal constituted under Chapter 1 of Part 1 of the Social Security Act 1998” substitute “the First-tier Tribunal”.
(4)
(a)
the existing provision becomes paragraph (1);
(b)
in paragraph (1)(a) omit “in accordance with regulation 30(2)(a)”; and
(c)
“(2)
In this regulation “medical evidence” means evidence provided under regulation 2 or 5 of the Medical Evidence Regulations.”.
(5)
In regulation 45 (exempt work)—
(a)
(b)
“(9A)
Where the amount determined by the calculation in paragraphs (3) and (4) would, but for this paragraph, include an amount of–
(a)
less than 50p, that amount shall be rounded up to the nearest 50p; or
(b)
less than £1 but more than 50p, that amount shall be rounded up to the nearest £1.”.
(6)
In regulation 76 (deductions for councillor’s allowance)—
(a)
(b)
“(3)
Where the amount determined by the calculation in paragraph (1) would, but for this paragraph, include an amount of–
(i)
less than 50p, that amount shall be rounded up to the nearest 50p; or
(ii)
less than £1 but more than 50p, that amount shall be rounded up to the nearest £1.”.
(7)
In regulation 93 (date on which income is treated as paid)—
(a)
in paragraph (1) omit “or (3)”; and
(b)
omit paragraphs (3) and (4).
(8)
(9)
(10)
(11)
In Schedule 6 (housing costs)—
(a)
in paragraph 6(5)(b) after “income” insert “equal to or”;
(b)
in paragraph 15(1) omit “Subject to sub-paragraph (2),”;
(c)
omit paragraph 15(2); and
(d)
in paragraph 15(8)—
(i)
in paragraph (b) after “income” insert “equal to or”, and
(ii)
“(bb)
an amount of contributory allowance payable in respect of a claimant under section 2 that is equal to, or exceeds, the applicable amount in the claimant’s case; or”.
(12)
(13)
“(3)
Any increase in respect of a dependent child or dependent young person under section 80 or 90 of the Contributions and Benefits Act.”.
Signed by authority of the Secretary of State for Work and Pensions.
These Regulations amend a number of different regulations relating to social security.
Regulations 3(2) to (4), 7(3) to (5) and 16(7) to (8) amend the Income Support (General) Regulations 1987 (“the Income Support Regulations”), the Jobseeker’s Allowance Regulations 1996 (“the Jobseeker’s Allowance Regulations 1996 (S.I. 1996/207)">Jobseeker’s Allowance Regulations”) and the Employment and Support Allowance Regulations 2008 (“the Employment and Support Allowance Regulations”) respectively, by simplifying the rules where income received from Working Tax Credit is treated as paid.
Regulations 3(5), 7(6), 12(2) to (3), 13, 14(2) to (3) and 15 amend the Income Support Regulations, the Jobseeker’s Allowance Regulations, the Housing Benefit Regulations 2006 (“the Housing Benefit Regulations”), the Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 2006, the Council Tax Benefit Regulations 2006 (“the Council Tax Benefit Regulations”) and the Council Tax Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 2006 respectively, to make it clear that disabled child premiums and enhanced disability premiums continue in payment for a period of 8 weeks following the death of a child for whom child benefit was being paid.
Regulations 3(6), 7(7) and 16(11) amend the Income Support Regulations, the Jobseeker’s Allowance Regulations and the Employment and Support Allowance Regulations respectively, by removing linking rules which had become obsolete, and amending other linking rules to make it clear that they apply where a person’s income is equal to (as well as more than) the amount of benefit payable.
Regulation 4 amends the Social Security (Claims and Payments) Regulations 1987 by removing out of date references (including to sums payable by way of child maintenance bonus) and updating others.
Regulation 6(2) and (3) amend the Social Security (Incapacity for Work) (General) Regulations 1995 to provide a separate definition of medical evidence where a claimant is treated as being capable of work at the end of a period covered by medical evidence. By expressly cross-referring to the Social Security (Medical Evidence) Regulations 1976, it is made clearer that evidence for the purposes of establishing incapacity for work may include the provision of a self certificate for the first 7 days of a spell of incapacity. Similar amendments are made to the Employment and Support Allowance Regulations in respect of establishing limited capability for work (regulation 16(2)(b) and (4)).
Regulation 7(2) amends the Jobseeker’s Allowance Regulations by removing a provision by which benefit is disallowed if a period of sickness occurs within 12 weeks after a previous claim for employment and support allowance has ended.
Regulation 8 amends Schedule 3B to the Social Security and Child Support (Decisions and Appeals) Regulations 1999 in relation to dates when changes of circumstances take effect for awards of state pension credit. Dates when those changes of circumstances take effect will now depend on whether the claimant is paid in advance or arrears (paragraph (a)). Where the claimant begins receiving disability living allowance (middle or higher rate care component) or attendance allowance, specific provision is also made as to the day when the change takes effect (paragraph (b)). There is also a change to provide that where a claimant for state pension credit dies, the decision superseding the state pension credit award takes effect from the beginning of the following benefit week (paragraphs (c) and (d)).
Regulation 9 amends the Social Security (Work-Focused Interviews for Lone Parents) and Miscellaneous Amendments Regulations 2000 (“the Lone Parent WFI Regulations”).
Regulation 9(2)(a) substitutes a new paragraph (1) for paragraph (1) of regulation 2 of the Lone Parent WFI Regulations. This makes clear that regulation 2(1) will apply to a lone parent where they fall within any of paragraphs (2) to (4) of regulation 2 of the Lone Parent WFI Regulations, and removes the reference to regulation 2B.
Regulations 9(2)(b) and 10(c) remove references to regulations that have been revoked.
Regulation 9(4) revokes regulations 2B and 4(4) of, and Schedule 3 to, the Lone Parent WFI Regulations to remove the requirement on certain lone parents in specified areas to take part in a work-focused interview every 13 weeks.
Regulation 10 amends the Social Security (Jobcentre Plus Interviews) Regulations 2002 (“the JCP Interviews Regulations”). It amends regulation 4 of the JCP Interviews Regulations, which imposes requirements on certain people who are entitled to income support, incapacity benefit, and severe disablement allowance to take part in work-focused interviews by removing references to regulations that have been revoked.
Regulation 11 amends the Social Security (Working Tax Credit and Child Tax Credit) (Consequential Amendments) Regulations 2003 by removing the £10.50 income disregard for income support and jobseeker’s allowance currently applied to those who have been in continuous receipt of those benefits since August 2005 and who have not claimed Child Tax Credit.
Regulations 12(4) and 14(4) remove references to the child maintenance bonus from the lists of capital to be disregarded for the purposes of the Housing Benefit Regulations and Council Tax Benefit Regulations respectively.
Regulation 16(2)(c), (5), (6) and (12) amend the Employment and Support Allowance Regulations to link the amounts to be disregarded from various sources of income with the current rate of the national minimum wage. Similar amendments are made to other legislation in respect of the unemployability supplement to Industrial Injuries Disablement Benefit (regulation 2) and to the limit of earnings from councillor’s allowance and exempt work in the context of incapacity benefit (regulations 5 and 6).
Regulation 16(3) changes an out of date reference in the Employment and Support Allowance Regulations to an appeal tribunal, to refer to the First-tier Tribunal. Regulation 16(2)(a) complements that change by inserting a definition of First-tier Tribunal into those Regulations.
Regulation 16(9) and (10) amend regulations 149(1) and 150 of the Employment and Support Allowance Regulations respectively, to make clear that a work or training beneficiary is treated as having limited capability for work or limited capability for work-related activity from the first day within a linking term (i.e. a period of 104 weeks from the first day immediately following the last day in a period of limited capability for work), only until it is determined whether or not that beneficiary has, or is treated as having (i) limited capability for work or (ii) limited capability for work-related activity.
Regulation 16(13) amends the Employment and Support Allowance Regulations to make it clear that income received from a Child Dependency Increase is to be disregarded when calculating income.
A full impact assessment has not been published for this instrument as it has no impact on the private sector or civil society organisations.