Made | 20th February 2001 | ||
Laid before Parliament | 28th February 2001 | ||
Coming into force | 9th April 2001 |
Amendment of regulation 5 of the Income Support Regulations
3.
In regulation 5 of the Income Support Regulations (persons treated as engaged in remunerative work), paragraphs (8) to (10) shall be omitted.
Amendment of regulation 6 of the Income Support Regulations
4.
In regulation 6 of the Income Support Regulations (persons not treated as engaged in remunerative work), after paragraph (4)[7] there shall be added the following paragraphs -
(b) he or his partner had, for a continuous period of 26 weeks ending on the day before the day on which he commenced the work referred to in sub-paragraph (a), been entitled to and in receipt of income support or an income-based jobseeker's allowance;
(c) he or his partner had, as at the day before the day on which he commenced the work referred to in sub-paragraph (a), an applicable amount which included -
(d) he or his partner remain liable to make payments on such a loan.
(6) A person referred to in paragraph (5) shall not be treated as engaged in remunerative work for -
(7) In calculating the period of benefit entitlement referred to in paragraph (2)(b) or (5)(b), no account shall be taken of entitlement arising by virtue of paragraph (3) or (6).
(8) In paragraph (5), a reference to the claimant or his partner being entitled to and in receipt of an income-based jobseeker's allowance or to an amount being applicable to either of them under the Jobseeker's Allowance Regulations 1996 shall include a reference to the claimant and his partner being entitled to, and in receipt of, a joint-claim jobseeker's allowance and to an amount being applicable to that couple under those Regulations.".
Amendment of Schedule 1B to the Income Support Regulations
5.
After paragraph 9 of Schedule 1B to the Income Support Regulations (prescribed categories of person)[8] there shall be inserted the following paragraph -
Amendment of Schedule 3 to the Income Support Regulations
6.
In paragraph 14 of Schedule 3 to the Income Support Regulations (housing costs: linking rules)[9] -
(b) in sub-paragraph (10), after "(1)(a)(ii)," there shall be inserted "(1)(c)(iv),";
(c) after sub-paragraph (10) there shall be added the following sub-paragraphs -
(12) This sub-paragraph applies, subject to sub-paragraph (13), in the case of a person who, on or after 9th April 2001, has ceased to be entitled to income support because he or his partner -
and, as a consequence, he or his partner was engaged in remunerative work or had income in excess of the applicable amount as prescribed in Part IV.
(13) Sub-paragraph (12) shall only apply to the extent that immediately before the day on which the person ceased to be entitled to income support, his housing costs were being met in accordance with paragraph 6(1)(a) or 8(1)(a) or would have been so met but for any non-dependant deduction under paragraph 18.".
Amendment of Schedule 7 to the Income Support Regulations
7.
In Schedule 7 to the Income Support Regulations (applicable amounts in special cases), after paragraph 19 -
which was applicable to the claimant or his partner immediately before he or his partner commenced the remunerative work referred to in regulation 6(5)(a); or
(b) the amount of income support or, as the case may be, income-based jobseeker's allowance which the claimant or his partner was entitled to in the benefit week immediately before the benefit week in which he or his partner commenced the remunerative work referred to in regulation 6(5)(a) or, where he or his partner was in receipt of a training allowance in that benefit week, the amount of income support or income-based jobseeker's allowance which he would have been entitled to in that week had he not been in receipt of a training allowance.
(2) Nothing in sub-paragraph (1) shall prevent any adjustment being made to the amount referred to in (a) or, as the case may be, (b) of that sub-paragraph during the period referred to in regulation 6(6), in order to reflect changes during that period to the amounts prescribed in Schedule 2 or 4 or in this Schedule or to reflect changes in circumstances during that period relating to the matters specified to in sub-paragraph (3).
(3) The changes in circumstances referred to in sub-paragraph (2) are changes to the amount of housing costs to be met in accordance with Schedule 3 in the claimant's case occasioned by -
(4) In sub-paragraph (1), a reference to the claimant or his partner being entitled to and in receipt of an income-based jobseeker's allowance or to an amount being applicable to either of them under the Jobseeker's Allowance Regulations 1996 shall include a reference to the claimant and his partner being entitled to, and in receipt of, a joint-claim jobseeker's allowance and to an amount being applicable to that couple under those Regulations.".
Amendment of Schedule 8 to the Income Support Regulations
8.
After paragraph 15B of Schedule 8 to the Income Support Regulations (sums to be disregarded in the calculation of earnings) there shall be inserted the following paragraph -
Amendment of Schedule 9 to the Income Support Regulations
9.
At the end of Schedule 9 to the Income Support Regulations (sums to be disregarded in the calculation of income other than earnings) there shall be added the following paragraph -
Amendment of Schedule 10 to the Income Support Regulations
10.
At the end of Schedule 10 to the Income Support Regulations (capital to be disregarded) there shall be added the following paragraph -
Amendment of the Social Security (Claims and Payments) Regulations 1987
11.
- (1) The Social Security (Claims and Payments) Regulations 1987[10] shall be amended in accordance with the following paragraphs of this regulation.
(2) In paragraph (h) of regulation 3[11] (claims not required for entitlement to benefit in certain cases) -
(3) At the end of paragraph 3 of Schedule 9A[12] (deductions of mortgage interest from benefit and payment to qualifying lenders), there shall be added the following sub-paragraph -
Amendment of the Jobseeker's Allowance Regulations 1996
12.
In the Jobseeker's Allowance Regulations 1996[13] -
(ii) in sub-paragraph (12), after "(1)(a)(ii)," there shall be inserted "(1)(c)(iv),";
(iii) after sub-paragraph (12) there shall be added the following sub-paragraphs -
(14) This sub-paragraph applies, subject to sub-paragraph (15), in the case of a person who, on or after 9th April 2001, has ceased to be entitled to a jobseeker's allowance because he or his partner or, where that person is a member of a joint-claim couple, the other member of that couple -
and, as a consequence, 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).
(15) Sub-paragraph (14) shall only apply to the extent that immediately before the day on which the person ceased to be entitled to an income-based jobseeker's allowance or the joint-claim couple of which he was a member ceased to be entitled to a joint-claim jobseeker's allowance, his housing costs were being met in accordance with paragraph 6(1)(a) or 7(1)(a) or would have been so met but for any non-dependant deduction under paragraph 17.".
Amendment of the Social Security (Back to Work Bonus) (No. 2) Regulations 1996
13.
In the Social Security (Back to Work Bonus) (No. 2) Regulations 1996[16] -
Signed by authority of the Secretary of State for Social Security.
Patricia Hollis
Parliamentary Under-Secretary of State, Department of Social Security
20th February 2001
These Regulations also omit provisions whereby, in income support and jobseeker's allowance, a lone parent who was previously treated as not engaged in remunerative work, was so treated for a specified period if he ceases to be so engaged in such work within five weeks of commencing it (regulations 3 and 12(a)).
In addition, regulations 6 and 12(b) of these Regulations extend to 52 weeks, certain maximum periods which link, for the purpose of the applicability of housing costs, separate periods of benefit entitlement where a claimant has ceased to be entitled to income support or jobseeker's allowance because he or his partner has commenced work or certain training for work. Regulation 2 inserts a new definition for these purposes into the Income Support (General) Regulations 1987.
These Regulations do not impose a charge on business.
[2] 1992 c. 4; section 137(1) is an interpretation provision and is cited because of the meaning ascribed to the word "prescribed". Section 137(2)(d) was substituted by the Jobseekers Act 1995 (c. 18), Schedule 2, paragraph 35(3).back
[3] 1995 c. 18; section 35(1) is an interpretation provision and is cited because of the meanings ascribed to the words "prescribed" and "regulations".back
[4] See sections 170 and 173(1)(b) of the Social Security Administration Act 1992; paragraph 67 of Schedule 2 to the Jobseekers Act 1995 added that Act to the list of "relevant enactments" in respect of which regulations must normally be referred to the Committee.back
[6] S.I. 1996/207; the relevant amending instruments are S.I. 1997/2863 and 1998/1174 and 1274.back
[7] Paragraph (4) was inserted into regulation 6 by S.I. 2000/681.back
[8] Schedule 1B was inserted by S.I. 1996/206.back
[9] Schedule 3 was substituted by S.I. 1995/1613. Paragraph 14 was amended by S.I. 1996/1944, 1997/2863 and 1998/2231.back
[11] Regulation 3(h) was added by S.I. 1999/2556.back
[12] Schedule 9A was inserted by S.I. 1992/1026. Paragraph 3 was amended by S.I. 1995/1613, 1996/1460, 1997/827 and 1999/2860 and 3178.back
[14] Regulation 52(4) to (6) was inserted by S.I. 1999/2556.back
[15] Paragraph 13 of Schedule 2 was amended by S.I. 1996/1517, 1997/2863 and 1998/2231.back