The Social Security (Miscellaneous Amendments) Regulations 2012

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations amend various sets of social security regulations.

Part 2 makes amendments relating to the introduction of additional paternity leave and additional statutory paternity pay. Regulations 3 to 6 respectively amend the Income Support (General) Regulations 1987 (S.I.1987/1967) (“the Income Support Regulations”), the Jobseeker’s Allowance Regulations 1996 (S.I.1996/207), the State Pension Credit Regulations 2002 (S.I.2002/1792) and the Employment and Support Allowance Regulations 2008 (S.I.2008/794) (“the Employment and Support Allowance Regulations”). This is so that references in those regulations to paternity leave are references both to ordinary paternity leave and additional paternity leave. However, the relevant disregards for income in relation to national insurance and pension contributions will apply to additional statutory paternity pay and remuneration while a person is on additional paternity leave.

Regulations 7 to 10 respectively amend the Housing Benefit Regulations 2006 (S.I. 2006/213) (“the Housing Benefit Regulations”), the Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 2006 (S.I.2006/214), the Council Tax Benefit Regulations 2006 (S.I.2006/215) (“the Council Tax Benefit Regulations”) and the Council Tax Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 2006 (S.I.2006/216). These ensure that all references in those regulations to paternity leave include both ordinary and additional paternity leave and references to statutory paternity pay include both ordinary and additional statutory paternity pay.

Part 3 amends the Income Support Regulations, the Housing Benefit Regulations and the Council Tax Benefit Regulations to make changes to the circumstances where a claimant is entitled to those benefits where they are in full-time, non-advanced education.

In relation to income support, the amendments made by regulation 11 will apply where the claimant has enrolled on, been accepted for or is undertaking a course of full-time, non-advanced education, is either below the age of 21 or is 21 and attained that age whilst taking part in the course, and in either case has no parents or lives apart from them in the circumstances set out in new sub-paragraph (4) of paragraph 15A of Schedule 1B to the Income Support Regulations. Regulation 11 also changes the definition of “course of full-time, non-advanced education” so that it applies to any course of full-time course of education which is not advanced education, is not provided because of the claimant’s employment or office and which is either provided at a school or college or provided elsewhere but approved by the Secretary of State.

In relation to housing benefit and council tax benefit, the amendments made by regulations 12 and 13 respectively extend the circumstances in which a full-time student whose course of study is not higher education, is exempt from the usual rule that provides that full-time students are to be treated as not being liable to make payments in respect of a dwelling or, as the case may be, excluded from entitlement to council tax benefit. The amendments also both extend the exemption from that rule to full-time students who are 21 and attained that age whilst undertaking a course of study which is not higher education but only until the end of the course. They also remove the requirement that the full-time student began, enrolled on or was accepted for the course before attaining the age of 19.

Part 4 makes other amendments.

Regulation 14 amends the Income Support Regulations so that a person will fall within the definition of “chronically sick or mentally or physically disabled” for the purposes of regulation 13 of those Regulations if they are entitled to the work-related activity component or the support component of employment and support allowance.

Regulation 15 amends the Social Security (Claims and Payments) Regulations 1987 (S.I.1987/1968). Paragraph (2)(a) clarifies that payment of benefit by direct credit transfer need not be by arrangement with the recipient of the benefit payment. This will enable payment to be arranged in those exceptional cases where the recipient does not wish their own bank or other account to be used. Paragraphs (2)(b) and (3) make consequential amendments to those Regulations and regulation 16 makes a consequential amendment to the Social Security (Payments on account, Overpayments and Recovery) Regulations 1988 (S.I.1988/664).

Paragraph (4)(a) of regulation 15 allows deductions to be made from benefit to pay water charges incurred in Scotland and paragraph (4)(b) allows for the maximum amount of payments to third parties, where a claimant or their partner receives a child tax credit or child benefit, to be calculated by reference to the applicable amount of employment and support allowance.

Regulation 17 amends the Social Security and Child Support (Decisions and Appeals) Regulations 1999 (S.I.1999/991) to provide that where a person is claiming a jobseeker’s allowance and would be entitled to a severe disability premium if a non-dependant were not in the household, where the non-dependant leaves the household, the superseding decision takes effect on the same date as it would if the person were claiming income support, employment and support allowance or state pension credit.

Regulation 18 amends the Social Fund Winter Fuel Payment Regulations 2000 (S.I.2000/729). This is to clarify that a claimant has to satisfy the qualifying conditions for a winter fuel payment throughout the qualifying week and not just for one day in that week and to provide that all winter fuel payment claim forms must be received by the Department for Work and Pensions on or before the 31st March following the relevant winter period.

Regulation 19 makes a minor amendment to regulation 2 of the Housing Benefit and Council Tax Benefit (Decisions and Appeals) Regulations 2001 (S.I.2001/1002) to remove a reference to a revoked paragraph (c) in the definition of “official error”.

Regulation 20 amends the Employment and Support Allowance Regulations. Paragraph (2) revokes regulation 8(2)(d). Regulation 8 provides that a claimant who satisfies any of the conditions in paragraph (2) is to be taken to satisfy the first contribution condition for entitlement to an employment and support allowance (“ESA”). Paragraph (2)(d) applies in respect of a claimant who on the first day of a period of limited capability for work, had received an award of contributory ESA in the last complete tax year immediately preceding the relevant benefit year in which entitlement to contributory ESA is being decided.

Paragraph (3) amends regulation 14. Paragraph 6 of Schedule 1 to the Welfare Reform Act 2007 (c.5) prescribes that a person is not entitled to income-based ESA if they are receiving education. Regulation 14 defines the term “education” for that purpose. That definition is amended to exempt any course of study that would otherwise fall within that definition where the claimant has been required to participate in it in order to meet a requirement to undertake work-related activity.

Regulation 21 amends regulation 16 of the Employment and Support Allowance (Transitional Provisions, Housing Benefit and Council Tax Benefit) (Existing Awards) (No. 2) Regulations 2010 (S.I.2010/1907) (“the Reassessment Regulations”). The Reassessment Regulations make transitional provision in relation to the introduction of ESA and apply to existing awards of benefit (that is, incapacity benefit, severe disablement allowance and income support on grounds of disability).

Regulation 16 of the Reassessment Regulations provides that certain enactments apply (subject to the modifications specified in Schedule 2 to those Regulations) after an existing award has been converted to an award of ESA, for certain purposes.

Regulation 21 of these Regulations adds paragraph (1A) to regulation 16 of the Reassessment Regulations. It applies where a claim for ESA is made subsequent to the termination of that person’s ESA entitlement by virtue of the Reassessment Regulations and the period of limited capability for work in relation to that subsequent claim would link to a period of limited capability for work in respect of an award made under the Reassessment Regulations. In those circumstances, paragraph (1A) ensures that the claimant’s entitlement to an ESA award is to be determined in accordance with the Reassessment Regulations.

A full impact assessment has not been produced for this instrument as it has no impact on the private sector or civil society organisations.