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The Social Security (Miscellaneous Amendments) Regulations 1998

Type Statutory-Instrument
Publication 1998-03-04
State In force
Department King's Printer of Acts of Parliament
Source legislation.gov.uk
Reform history JSON API PDF

Made: 4th March 1998

Laid before Parliament: 11th March 1998

Coming into force in accordance with regulation 1.

The Secretary of State for Social Security, in exercise of powers conferred upon her by sections 64(1), 68(4)(c), 70(4), 71(6), 123(1), 124(1), 128(1), 129(1), 130(1)(a), (2), (4) and (5), 131(1), (3) and (12), 135(1), 136(2), (3) and (5), 137(1), (2)(a) and (i), 146A, 147(1), 175(1), (4) and (5) of the Social Security Contributions and Benefits Act 1992, sections 5(1)(k) and (p), 32(8), 75(2), 76(1), 189(1) and (3) and 191 of the Social Security Administration Act 1992, sections 4(5), 12(1), (2) and (4), 13(3), 35(1), 36(1), (2) and (4) of, and paragraphs 3 and 11 of Schedule 1 to the Jobseekers Act 1995, sections 10(1), (5)(a) and (b) and (7) and 26(1) to (3) of the Child Support Act 1995, paragraph 7A of Schedule 2 to the Abolition of Domestic Rates (Scotland) Act 1987, section 146(6), of and paragraph 6 of Schedule 4 to, the Local Government Finance Act 1988, sections 24 and 30 of the Criminal Justice Act 1991 and section 116(1) of, and paragraphs 1 and 6 of Schedule 4 and paragraph 6 of Schedule 8 to, the Local Government Finance Act 1992 and of all other powers enabling her in that behalf, after consultation, in respect of those provisions in these Regulations relating to housing benefit and council tax benefit, with organisations appearing to her to be representative of the authorities concerned and after agreement by the Social Security Advisory Committee that these Regulations should not be referred to it, hereby makes the following Regulations:

PART I — GENERAL

Citation, commencement and interpretation

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PART II — CHILD MAINTENANCE BONUS

Amendments to the Child Maintenance Bonus Regulations

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“child maintenance" means maintenance in any of the following forms— (a) child support maintenance paid or payable; (b) maintenance paid or payable by an absent parent to a person with care of a qualifying child, under an agreement (whether enforceable or not) between them, or by virtue of an order of a court; or (c) maintenance deducted from any benefit payable to an absent parent who is liable to maintain a qualifying child, which, as the case may be, is paid, payable or deducted on or after 1st April 1998, but does not include any maintenance paid or payable in respect of a former partner.

(f) the work condition is satisfied within the period of— (i) in a case where an applicant with care cares for one child only and that child dies, 12 months immediately following the date of death; (ii) in a case where the absent parent has— (aa) died; (bb) ceased to be habitually resident in the United Kingdom; or (cc) has been found not to be the parent of the qualifying child or children, 12 weeks immediately following the first date on which any of those events occurs; (iii) in any other case, 14 days immediately following the day on which the bonus period applying to the applicant comes to an end.

(i) paid or payable to the applicant; or

PART III — AMENDMENTS WITH RESPECT TO INCOME-RELATED BENEFITS AND JOBSEEKER’S ALLOWANCE

Common amendments: Deductions from income support

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  • “contribution-based jobseeker’s allowance", except in a case to which paragraph (b) of the definition of income-based jobseeker’s allowance applies, means a contribution-based jobseeker’s allowance under Part I of the Jobseekers Act 1995 , but does not include any back to work bonus under section 26 of the Jobseekers Act which is paid as jobseeker’s allowance;

“income-based jobseeker’s allowance" means— (a) an income-based jobseeker’s allowance under Part I of the Jobseekers Act 1995; and (b) in a case where, if there was no entitlement to contribution-based jobseeker’s allowance, there would be entitlement to income-based jobseeker’s allowance at the same rate, contribution-based jobseeker’s allowance, but does not include any back to work bonus under section 26 of the Jobseekers Act which is paid as jobseeker’s allowance;

Common amendments: Disregard of contribution

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Where any part of a student’s income has already been taken into account for the purposes of assessing his entitlement to a grant, the amount taken into account shall be disregarded in assessing that student’s income.

Common amendments: Interpretation

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  • “the Children Order" means the Children (Northern Ireland) Order 1995 ;

Common amendments: Notional income

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rehabilitation allowance made under section 2 of the Employment and Training Act 1973 .

Common amendments: Disregard of income other than earnings

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which is a payment made by an authority, as defined in Article 2 of the Children Order, in pursuance of Article 15 of, and paragraph 17 of Schedule 1 to, that Order (contribution by an authority to child’s maintenance);

Any payment made to the claimant or his partner for a person (“the person concerned"), who is not normally a member of the claimant’s household but is temporarily in his care, by— (a) a health authority; (b) a local authority; (c) a voluntary organisation; or (d) the person concerned pursuant to section 26(3A) of the National Assistance Act 1948 .

Council Tax Benefit, Housing Benefit, Income Support and Jobseeker’s Allowance: Amendments with respect to persons in detention

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Housing Benefit: Maximum rent

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Housing Benefit: Requirement to refer to rent officers

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Housing Benefit: Excluded tenancies

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Income Support and Jobseeker’s Allowance: Treatment of grant awards for former students

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In regulation 29(2B) of the Income Support Regulations and regulation 94(2B) of the Jobseeker’s Allowance Regulations (calculation of earnings derived from employed earner’s employment and income other than earnings) after sub-paragraph (a) the following sub-paragraph shall be inserted—

(aa) where the grant is paid in instalments, on the day before the next instalment would have been paid had the claimant remained a student; or

Income Support and Jobseeker’s Allowance: Calculation of notional income and income other than earnings

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(64) Any payment made with respect to a person on account of the provision of after-care under section 117 of the Mental Health Act 1983 or section 8 of the Mental Health (Scotland) Act 1984 or the provision of accommodation or welfare services to which Parts III and IV of the National Health Service and Community Care Act 1990 refer, which falls to be treated as notional income under paragraph (4A) of regulation 42 above (payments made in respect of a person in a residential care or nursing home).

(63) Any payment which falls to be treated as notional income made under paragraph (11) of regulation 105 above (payments made in respect of a person in a residential care or nursing home).

Income Support and Jobseeker’s Allowance: Income treated as capital

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