http://www.legislation.gov.uk/uksi/2020/409The Social Security (Coronavirus) (Prisoners) Regulations 2020texttext/xmlenSOCIAL SECURITYStatute Law Database2021-07-07Expert Participation2021-05-12 These Regulations make provision for individuals on temporary release from prison due to the outbreak of COVID-19 in Great Britain to access means tested benefits during the period of that release. 2020 No. 409Social SecurityThe Social Security (Coronavirus) (Prisoners) Regulations 2020Madeat 10.23 a.m. on 7th April 2020Laid before Parliamentat 3.00 p.m. on 7th April 2020Coming into force8th April 2020The Secretary of State makes the following Regulations in exercise of the powers conferred by sections 123(1)(a) and (d), 124, 130, 135(1), 137(1) and (2)(h) and (l), 175(1), (3) and (4) of the Social Security Contributions and Benefits Act 1992 , sections 4(5) and (12), 6(4), 7(4), 35 and 36(2) and (4) of, and paragraph 12 of Schedule 1 to, the Jobseekers Act 1995 , sections 2(3), (4), (6) and (9), 3(8) and 17(1) and (2)(a) of the State Pension Credit Act 2002 , sections 4(2) and (3), 24(1) and 25(2), (3) and (5) of, and paragraph 6(8) of Schedule 1 to, the Welfare Reform Act 2007 and sections 2(2), 6(1), 8(1), 40, 42(1) to (3) of, and paragraph 5(1) of Schedule 1 to, the Welfare Reform Act 2012 .In accordance with section 173(1)(a) of the Social Security Administration Act 1992 , it appears to the Secretary of State that by reason of the urgency of this matter it is inexpedient to refer the proposals in respect of these Regulations to the Social Security Advisory Committee.In accordance with section 176(2)(a) of the Social Security Administration Act 1992 it appears to the Secretary of State that by reason of the urgency of this matter it is inexpedient to consult with representative bodies.Citation and commencement1These Regulations may be cited as the Social Security (Coronavirus) (Prisoners) Regulations 2020 and come into force on 8th April 2020.<Addition ChangeId="key-57f2f2c4650472f242131e2b19ab1e60-1625475858887" CommentaryRef="key-57f2f2c4650472f242131e2b19ab1e60">Interpretation</Addition>1AIn these Regulations “coronavirus disease” means COVID-19 (the official designation of the disease which can be caused by severe acute respiratory syndrome coronavirus 2 (SARS-CoV-2)).Income Support, Jobseeker's Allowance, State Pension Credit, Employment and Support Allowance and Universal Credit – definition of prisoner21 Where the Secretary of State is satisfied that it is expedient as a result of coronavirus disease and in such cases as the Secretary of State determines, the Regulations in paragraph (2) are to be read as if the definition of “prisoner” did not include a person on temporary release in accordance with the provisions of the Prison Act 1952.2The Regulations are—athe Income Support (General) Regulations 1987 ;bthe Jobseeker's Allowance Regulations 1996 ;cthe State Pension Credit Regulations 2002 ;dthe Employment and Support Allowance Regulations 2008 ; andethe Universal Credit Regulations 2013 .Income Support, Jobseeker's Allowance, State Pension Credit and Employment and Support Allowance – persons treated as being or not being members of the same household31 Where the Secretary of State is satisfied that it is expedient as a result of coronavirus disease and in such cases as the Secretary of State determines, the following provisions are to be read as if the words “the Prison Act 1952 or” were omitted—aregulation 16(3)(b)(ii) of the Income Support (General) Regulations 1987 ;bregulation 5(1)(c)(iii) of the State Pension Credit Regulations 2002; andcregulation 156(4)(b)(ii) of the Employment and Support Allowance Regulations 2008.2 Where the Secretary of State is satisfied that it is expedient as a result of coronavirus disease and in such cases as the Secretary of State determines, regulation 78(3)(b)(ii) of the Jobseeker's Allowance Regulations 1996 is to be read as if the words “the provisions of the Prison Act 1952 or” were omitted.Jobseeker's Allowance – availability for employment4 Where the Secretary of State is satisfied that it is expedient as a result of coronavirus disease and in such cases as the Secretary of State determines, regulation 15(1)(b) of the Jobseeker's Allowance Regulations 1996 is to be read as if the words “the provisions of the Prison Act 1952 or” were omitted.Housing Benefit – modification of the rule on whether a person is or is not to be treated as occupying a dwelling as their home5For the purposes of entitlement to housing benefit, where the Secretary of State is satisfied that it is expedient as a result of coronavirus disease and in such cases as the Secretary of State determines, the following provisions are to be read as if the words “the Prison Act 1952 or” were omitted—aregulation 7(14) of the Housing Benefit Regulations 2006 ; andbregulation 7(14) of the Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 2006 .Expiry61The Secretary of State must keep the operation of these Regulations under review.2These Regulations cease to have effect on 31st August 2021.Signed by the authority of the Secretary of State for Work and PensionsWill Quince Minister for Welfare Delivery
Department for Work and Pensions

(This note is not part of the Regulations)

These Regulations make provision for individuals on temporary release from prison due to the outbreak of COVID-19 in Great Britain to access means tested benefits during the period of that release.

Regulation 2 requires the definition of prisoner in various means tested benefits to be read so that individuals temporarily released from a prison in England and Wales are no longer included within that definition. This means those individuals will be entitled to make a claim, or their presence in a household claiming means tested benefits will be taken into account in calculating entitlement.

Regulation 3 enables a person temporarily released from a prison in England and Wales to be included as a member of a claimant's household in a number of means tested benefits.

Regulation 4 enables a person temporarily released from a prison in England and Wales to be treated as available for employment in a claim for jobseeker's allowance.

Regulation 5 provides entitlement to housing benefit for individuals temporarily released from a prison in England and Wales.

Under regulation 6 the Secretary of State must keep the operation of the Regulations under review. Regulations 2 to 5 expire on the same day as the Employment and Support Allowance and Universal Credit (Coronavirus Disease) Regulations 2020 (S.I. 2020/289) and the Social Security (Coronavirus) (Further Measures) Regulations 2020 (S.I. 2020/371).

A full impact assessment has not been produced for this instrument as no, or no significant, impact on the private, public or voluntary sectors is foreseen.

1992 c.4. Section 137(1) is cited for the meaning of “prescribed”. Section 175 is applied to provisions of the State Pension Credit Act 2002 by section 19(1) of the Act.1995 c.18. Section 6 is substituted by the Welfare Reform Act 2012 (c.5). Section 35 is cited for the meaning of “prescribed” and “regulations”.2002 c.16. Section 17(1) is cited for the meaning of “prescribed” and “regulations”.2007 c.5. Section 4 and paragraph 6(8) of Schedule 12 were repealed for certain purposes by the Welfare Reform Act 2012 (c.5). Section 24(1) is cited for the meaning of “prescribed” and “regulations”.2012 c.5. Section 40 is cited for the meaning of “prescribed”.1992 c.5.S.I. 1987/1967. See regulation 21. Relevant amending instruments are S.I. 1995/516, 1998/563 and 2005/2078.S.I. 1996/207. See regulation 85. Relevant amending instruments are S.I. 1996/1517, 1998/563, 2005/2078 and 2006/1402.S.I. 2002/1792. See regulation 1. Relevant amending instruments are S.I. 2005/2078 and 2018/676.S.I. 2008/794. See regulation 69. There are no relevant amending instruments.S.I. 2013/376. See regulation 2. There are no relevant amending instruments.Regulation 16(3)(b)(ii) was substituted by S.I. 1996/1944.Regulation 78(3)(b)(ii) was substituted by S.I. 1996/1517.S.I. 2006/213. There are no relevant amending instruments.S.I. 2006/214. There are no relevant amending instruments.Reg. 1 in force at 8.4.2020, see reg. 1Reg. 2 in force at 8.4.2020, see reg. 1Reg. 3 in force at 8.4.2020, see reg. 1Reg. 4 in force at 8.4.2020, see reg. 1Reg. 5 in force at 8.4.2020, see reg. 1Reg. 6 in force at 8.4.2020, see reg. 1Reg. 1A inserted (12.5.2021) by The Social Security (Coronavirus) (Miscellaneous Amendments) Regulations 2021 (S.I. 2021/476), regs. 1, 4(2)Words in reg. 2(1) inserted (12.5.2021) by The Social Security (Coronavirus) (Miscellaneous Amendments) Regulations 2021 (S.I. 2021/476), regs. 1, 4(3)(4)(a)Words in reg. 3(1) inserted (12.5.2021) by The Social Security (Coronavirus) (Miscellaneous Amendments) Regulations 2021 (S.I. 2021/476), regs. 1, 4(3)(4)(b)Words in reg. 3(2) inserted (12.5.2021) by The Social Security (Coronavirus) (Miscellaneous Amendments) Regulations 2021 (S.I. 2021/476), regs. 1, 4(3)(4)(b)Words in reg. 4 inserted (12.5.2021) by The Social Security (Coronavirus) (Miscellaneous Amendments) Regulations 2021 (S.I. 2021/476), regs. 1, 4(3)(4)(c)Words in reg. 5 inserted (12.5.2021) by The Social Security (Coronavirus) (Miscellaneous Amendments) Regulations 2021 (S.I. 2021/476), regs. 1, 4(5)Words in reg. 6(2) substituted (12.5.2021) by The Social Security (Coronavirus) (Miscellaneous Amendments) Regulations 2021 (S.I. 2021/476), regs. 1, 4(6)