The Social Security (Miscellaneous Amendments) Regulations 2012

PART 1 General

Citation and commencement

1.—(1) These Regulations may be cited as the Social Security (Miscellaneous Amendments) Regulations 2012.

(2) Regulations 7, 8 and 12 come into force—

(a) in relation to any case where rent is payable at intervals of a week or any multiple of a week, on 2nd April 2012;

(b) in relation to any other case, on 1st April 2012.

(3) Regulations 20(2) and 21 come into force on 1st May 2012.

(4) All other provisions of these Regulations come into force on 1st April 2012.

Interpretation

2.  In these Regulations—

“the Council Tax Benefit Regulations” means the Council Tax Benefit Regulations 2006(1);

“the Employment and Support Allowance Regulations” means the Employment and Support Allowance Regulations 2008(2);

“the Housing Benefit Regulations” means the Housing Benefit Regulations 2006(3);

“the Income Support Regulations” means the Income Support (General) Regulations 1987(4).

PART 2 Amendments relating to paternity leave and paternity pay

Amendments relating to paternity leave and paternity pay: income support

3.—(1) The Income Support Regulations are amended as follows.

(2) In regulation 2(1) (interpretation) for the definition of “paternity leave”(5) substitute—

““paternity leave” means a period of absence from work on ordinary paternity leave by virtue of section 80A or 80B of the Employment Rights Act 1996(6) or on additional paternity leave by virtue of section 80AA or 80BB of that Act(7);”.

(3) In paragraph 14B of Schedule 1B(8) (prescribed categories of person: paternity leave)—

(a) in sub-paragraph (1) for “paternity leave” substitute “ordinary paternity leave by virtue of section 80A or 80B of the Employment Rights Act 1996”;

(b) in sub-paragraph (2)(a) for “statutory paternity pay” substitute “ordinary statutory paternity pay”.

(4) In paragraph 4A of Schedule 9(9) (sums to be disregarded in the calculation of income other than earnings) for “statutory paternity pay” substitute “ordinary or additional statutory paternity pay”.

Amendments relating to paternity leave and paternity pay: jobseeker’s allowance

4.—(1) The Jobseeker’s Allowance Regulations 1996(10) are amended as follows.

(2) In regulation 1(3) (interpretation) for the definition of “paternity leave”(11) substitute—

““paternity leave” means a period of absence from work on ordinary paternity leave by virtue of section 80A or 80B of the Employment Rights Act 1996 or on additional paternity leave by virtue of section 80AA or 80BB of that Act;”.

(3) In Schedule 7(12) (sums to be disregarded in the calculation of income other than earnings)—

(a) in paragraph 4, for “statutory paternity pay” substitute “ordinary or additional statutory paternity pay”;

(b) in paragraph 5 for “statutory paternity pay” substitute “ordinary or additional statutory paternity pay”.

Amendments relating to paternity leave and paternity pay: state pension credit

5.—(1) The State Pension Credit Regulations 2002(13) are amended as follows.

(2) In regulation 1(2) (interpretation) for the definition of “paternity leave”(14) substitute—

““paternity leave” means a period of absence from work on ordinary paternity leave by virtue of section 80A or 80B of the Employment Rights Act 1996 or on additional paternity leave by virtue of section 80AA or 80BB of that Act;”.

(3) In regulation 15(1) (income for the purposes of the Act) for sub-paragraph (q) substitute—

“(q) ordinary statutory paternity pay payable under Part 12ZA of the 1992 Act(15);

(qa) additional statutory paternity pay payable under Part 12ZA of the 1992 Act;”.

(4) In regulation 17A(2)(16) (earnings of an employed earner) for sub-paragraph (i) substitute—

“(i) ordinary statutory paternity pay payable under Part 12ZA of the 1992 Act;

(ia) additional statutory paternity pay payable under Part 12ZA of the 1992 Act;”.

Amendment relating to paternity leave: employment and support allowance

6.  In regulation 2(1) of the Employment and Support Allowance Regulations (interpretation) after the definition of “passenger” insert—

““paternity leave” means a period of absence from work on ordinary paternity leave by virtue of section 80A or 80B of the Employment Rights Act 1996 or on additional paternity leave by virtue of section 80AA or 80BB of that Act;”.

Amendments relating to paternity leave and paternity pay: housing benefit for those not of pensionable age

7.—(1) The Housing Benefit Regulations are amended as follows.

(2) In regulation 2(1) (interpretation) for the definition of “paternity leave” substitute—

““paternity leave” means a period of absence from work on ordinary paternity leave by virtue of section 80A or 80B of the Employment Rights Act 1996 or on additional paternity leave by virtue of section 80AA or 80BB of that Act;”.

(3) In regulation 28(14) (treatment of child care charges)—

(a) in sub-paragraph (a)(iii), for “statutory paternity pay by virtue of section 171ZA or 171ZB of the Act” substitute “ordinary statutory paternity pay by virtue of section 171ZA or 171ZB of the Act, additional statutory paternity pay by virtue of section 171ZEA or 171ZEB of the Act(17)”;

(b) in sub-paragraph (b)(ii) and (iii), for “statutory paternity pay” in each place substitute “ordinary or additional statutory paternity pay”.

(4) In regulation 35(1)(i) (earnings of employed earners) for “statutory paternity pay” substitute “ordinary or additional statutory paternity pay”.

(5) In regulation 36(3)(d) (calculation of net earnings of employed earners) for “statutory paternity pay” substitute “ordinary or additional statutory paternity pay”.

Amendments relating to paternity leave and paternity pay: housing benefit for those of pensionable age

8.—(1) The Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 2006(18) are amended as follows.

(2) In regulation 2(1) (interpretation) for the definition of “paternity leave” substitute—

““paternity leave” means a period of absence from work on ordinary paternity leave by virtue of section 80A or 80B of the Employment Rights Act 1996 or on additional paternity leave by virtue of section 80AA or 80BB of that Act;”.

(3) In regulation 29(1)(j) (meaning of “income”), for paragraph (xvi) substitute—

“(xvi) ordinary statutory paternity pay payable under Part 12ZA of the Act;

(xvia) additional statutory paternity pay payable under Part 12ZA of the Act;”.

(4) In regulation 31 (treatment of child care charges)—

(a) in paragraph (14)(c) for “statutory paternity pay by virtue of section 171ZA or 171ZB of the Act” substitute “ordinary statutory paternity pay by virtue of section 171ZA or 171ZB of the Act, additional statutory paternity pay by virtue of section 171ZEA or 171ZEB of the Act”;

(b) in paragraph (15)(b) and (c) for “statutory paternity pay” in each place substitute “ordinary or additional statutory paternity pay”.

(5) In regulation 35(1) (earnings of employed earners) for paragraph (i) substitute—

“(i) ordinary statutory paternity pay payable under Part 12ZA of the Act;

(ia) additional statutory paternity pay payable under Part 12ZA of the Act;”.

(6) In regulation 36(2)(d) (calculation of net earnings of employed earners) for “statutory paternity pay” substitute “ordinary or additional statutory paternity pay”.

Amendments relating to paternity leave and paternity pay: council tax benefit for those not of pensionable age

9.—(1) The Council Tax Benefit Regulations are amended as follows.

(2) In regulation 2(1) (interpretation) for the definition of “paternity leave” substitute—

““paternity leave” means a period of absence from work on ordinary paternity leave by virtue of section 80A or 80B of the Employment Rights Act 1996 or on additional paternity leave by virtue of section 80AA or 80BB of that Act;”.

(3) In regulation 18 (treatment of child care charges)—

(a) in paragraph (14)(c) for “statutory paternity pay by virtue of section 171ZA or 171ZB of the Act” substitute “ordinary statutory paternity pay by virtue of section 171ZA or 171ZB of the Act, additional statutory paternity pay by virtue of section 171ZEA or 171ZEB of the Act”;

(b) in paragraph (15)—

(i) in sub-paragraph (b), for “statutory paternity pay” substitute “ordinary or additional statutory paternity pay”;

(ii) in sub-paragraph (c), after “statutory maternity pay” insert “, ordinary or additional statutory paternity pay”.

(4) In regulation 25(1)(i) (earnings of employed earners) for “statutory paternity pay” substitute “ordinary or additional statutory paternity pay”.

(5) In regulation 26(3)(d) (calculation of net earnings of employed earners) for “statutory paternity pay” substitute “ordinary or additional statutory paternity pay”.

Amendments relating to paternity leave and paternity pay: council tax benefit for those of pensionable age

10.—(1) The Council Tax Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 2006(19) are amended as follows.

(2) In regulation 2(1) (interpretation) for the definition of “paternity leave” substitute—

““paternity leave” means a period of absence from work on ordinary paternity leave by virtue of sections 80A or 80B of the Employment Rights Act 1996(20) or on additional paternity leave by virtue of sections 80AA or 80BB of that Act(21);”.

(3) In regulation 19(1)(j) (meaning of “income”), for paragraph (xvi) substitute—

“(xvi) ordinary statutory paternity pay payable under Part 12ZA of the Act;

(xvia) additional statutory paternity pay payable under Part 12ZA of the Act;”.

(4) In regulation 21 (treatment of child care charges)—

(a) in paragraph (14)(c) for “statutory paternity pay by virtue of section 171ZA or 171ZB of the Act” substitute “ordinary statutory paternity pay by virtue of section 171ZA or 171ZB of the Act, additional statutory paternity pay by virtue of section 171ZEA or 171ZEB of the Act”;

(b) in paragraph (15)(b) and (c) for “statutory paternity pay” in each place substitute “ordinary or additional statutory paternity pay”.

(5) In regulation 25(1) (earnings of employed earners), for paragraph (i) substitute—

“(i) ordinary statutory paternity pay payable under Part 12ZA of the Act;

(ia) additional statutory paternity pay payable under Part 12ZA of the Act;”.

(6) In regulation 26(2)(d) (calculation of net earnings of employed earners), for “statutory paternity pay” substitute “ordinary or additional statutory paternity pay”.

PART 3 Amendments relating to full-time, non-advanced education

Amendments relating to full-time, non-advanced education: income support

11.  In paragraph 15A of Schedule 1B to the Income Support Regulations(22) (prescribed categories of persons: persons under 21 with no parents, or living away from their parents, undertaking full-time, non-advanced education)—

(a) for the heading substitute—

“Certain persons who have enrolled on, been accepted for or are undertaking full-time, non-advanced education”;

(b) for sub-paragraphs (1) to (4) substitute—

“(1) A person (“P”) who satisfies the following conditions.

(2) The first condition is that P has enrolled on, been accepted for or is undertaking a course of full-time, non-advanced education.

(3) The second condition is that P is—

(a) under the age of 21; or

(b) 21 and attained that age whilst undertaking a course of full-time, non-advanced education.

(4) The third condition is that—

(a) P has no parent;

(b) of necessity P has to live away from P’s parents because—

(i) P is estranged from P’s parents,

(ii) P is in physical or moral danger, or

(iii) there is a serious risk to P’s physical or mental health; or

(c) P is living away from P’s parents because they are unable to support P financially and are—

(i) chronically sick or mentally or physically disabled,

(ii) detained in custody pending trial or sentencing upon conviction or under a sentence imposed by a court, or

(iii) prohibited from entering or re-entering Great Britain.”;

(c) sub-paragraph (5) is omitted;

(d) in sub-paragraph (6), for the definition of “course of full-time, non-advanced education”, substitute—

““course of full-time, non-advanced education” means a course of full-time education which is not a course of advanced education and which is not provided to P by virtue of P’s employment or any office held by P, which is—

(a)

provided at a school or college, or

(b)

provided elsewhere but is approved by the Secretary of State as being such a course,

and for this purpose, “course of advanced education” has the same meaning as in regulation 61(1)”

Amendments relating to full-time non-advanced education: housing benefit

12.  In regulation 56 of the Housing Benefit Regulations(23) (full-time students to be treated as not liable to make payments in respect of a dwelling)—

(a) for paragraph (2)(h) substitute—

“(h) who is—

(i) aged under 21 and whose course of study is not a course of higher education;

(ii) aged 21 and attained that age during a course of study which is not a course of higher education; or

(iii) a qualifying young person or child within the meaning of section 142 of the Act (child and qualifying young person);”;

(b) for paragraph (2A) substitute—

“(2A) Paragraph (2)(h)(ii) only applies to a claimant until the end of the course during which the claimant attained the age of 21.”.

Amendments relating to full-time non-advanced education: council tax benefit

13.  In regulation 45 of the Council Tax Benefit Regulations(24) (students who are excluded from entitlement to council tax benefit)—

(a) for paragraph (3)(h) substitute—

“(h) who is—

(i) aged under 21 and whose course of study is not a course of higher education;

(ii) aged 21 and attained that age during a course of study which is not a course of higher education; or

(iii) a qualifying young person or child within the meaning of section 142 of the Act (child and qualifying young person);”;

(b) for paragraph (3A) substitute—

“(3A) Paragraph (3)(h)(ii) only applies to a claimant until the end of the course during which the claimant attained the age of 21.”.

PART 4 Other amendments

Amendment to the Income Support Regulations: persons in relevant education

14.  At the end of regulation 13(3)(b)(iii) of the Income Support Regulations (circumstances in which persons in relevant education are to be entitled to income support)(25) add—

“; or

(iv) who is entitled to an employment and support allowance which includes a work-related activity component or support component.”.

Amendments to the Social Security (Claims and Payments) Regulations 1987

15.—(1) The Social Security (Claims and Payments) Regulations 1987(26) are amended as follows.

(2) In regulation 21 (direct credit transfer)—

(a) in paragraph (1)(27), for the words from the beginning to “regulation 33(1)(c) or (d),” substitute “The Secretary of State may arrange for benefit to”;

(b) omit paragraph (5).

(3) In regulation 38(1)(bb)(28) (extinguishment of right of payment of sums by way of benefit where payment is not obtained within the prescribed period), for “the person entitled to it and the Secretary of State have” substitute “the Secretary of State has”.

(4) In Schedule 9 (deductions from benefit and direct payment to third parties)—

(a) in paragraph 1(1) (interpretation)—

(i) for the definition of “water charges”(29) substitute—

““water charges” means—

(a)

as respects England and Wales, any water and sewerage charges under Chapter 1 of Part 5 of the Water Industry Act 1991(30);

(b)

as respects Scotland, any water and sewerage charges established by Scottish Water under a charges scheme made under section 29A of the Water Industry (Scotland) Act 2002(31);”;

(ii) at the end of the definition of “water undertaker”(32) add “or in respect of any area in Scotland, Scottish Water(33)”;

(b) in paragraph 8(4) (maximum amount of payments to third parties)(34), in sub-paragraph (b)(i), for “sub-paragraphs (a)(i) to (iii)” substitute “sub-paragraphs (a)(i) to (iv)”.

Amendment to the Social Security (Payments on account, Overpayments and Recovery) Regulations 1988

16.  In regulation 11(2)(b) of the Social Security (Payments on account, Overpayments and Recovery) Regulations 1988 (recovery of overpayments by automated or other direct credit transfer)(35), for “before he agreed to the arrangement” substitute “before the arrangement came into effect”.

Amendment to the Social Security and Child Support (Decisions and Appeals) Regulations 1999

17.  In regulation 7 of the Social Security and Child Support (Decisions and Appeals) Regulations 1999(36) (date from which a decision superseded under section 10 takes effect), in paragraph (7)(b)(ii)(aa), after “Income Support Regulations” insert “, regulation 2 of the Jobseeker’s Allowance Regulations”.

Amendments to the Social Fund Winter Fuel Payment Regulations 2000

18.—(1) The Social Fund Winter Fuel Payment Regulations 2000(37) are amended as follows.

(2) In regulation 3 (persons not entitled to a social fund winter fuel payment), in paragraph (1)(38), in sub-paragraph (a), for “in the qualifying week” substitute “throughout the qualifying week”.

(3) In regulation 3(1)(b) and (2)(a) and regulation 4(1) (making a winter fuel payment without a claim), for “before the 31st March” substitute “on or before the 31st March”.

Amendment to the Housing Benefit and Council Tax Benefit (Decisions and Appeals) Regulations 2001

19.  In regulation 1(2) (interpretation) of the Housing Benefit and Council Tax Benefit (Decisions and Appeals) Regulations 2001(39), in the definition of “official error” for “sub-paragraphs (a) to (c)” substitute “sub-paragraph (a) or (b)”.

Amendments to the Employment and Support Allowance Regulations

20.—(1) The Employment and Support Allowance Regulations are amended as follows.

(2) In regulation 8(2) (relaxation of the first contribution condition) (40)—

(a) at the end of sub-paragraph (c) add “or”;

(b) at the end of sub-paragraph (ca) omit “; or”; and

(c) omit sub-paragraph (d).

(3) In regulation 14 (meaning of education) (41), after paragraph (2) insert—

“(2A) Paragraph (2) does not apply to any course of study which the claimant is required to attend for the purpose of meeting a requirement to undertake work-related activity.”.

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

21.  In regulation 16 of the Employment and Support Allowance (Transitional Provisions, Housing Benefit and Council Tax Benefit) (Existing Awards) (No. 2) Regulations 2010(42) (application of other enactments applying to employment and support allowances) after paragraph (1) insert—

“(1A) Where—

(a) a person makes a claim for an employment and support allowance subsequent to the termination of that person’s entitlement to an employment and support allowance by virtue of these Regulations; and

(b) the period of limited capability for work in relation to that claim would link, by virtue of regulation 145(1) of the 2008 Regulations, to a period of limited capability for work in respect of which an award was made by virtue of these Regulations,

that person’s entitlement to an award of an employment and support allowance shall be determined in accordance with these Regulations.”.

Signed by authority of the Secretary of State for Work and Pensions

Freud

Parliamentary Under-Secretary of State

Department for Work and Pensions

8th March 2012