The Social Security (Loss of Benefit) Regulations 2001

[^key-1a06643508235465c2729db62c3dd377]: Words in reg. 19(b) substituted (E.W.S.) (1.4.2013) by The Social Security (Loss of Benefit)(Amendment) Regulations 2013 (S.I. 2013/385), regs. 1(2)(c), 15(3)

[^key-d6fb5c4e1aa081b6c818f63dff6199c4]: Words in reg. 3 omitted (1.4.2013) by virtue of The Social Security (Loss of Benefit)(Amendment) Regulations 2013 (S.I. 2013/385), regs. 1(2)(c), 7(2) (with reg. 7(6))

[^key-ad8c6b2951ff9302ea352d0df63e3cb3]: Words in reg. 3(6) omitted (1.4.2013) by virtue of The Social Security (Loss of Benefit)(Amendment) Regulations 2013 (S.I. 2013/385), regs. 1(2)(c), 7(5) (with reg. 7(6))

[^key-e44b13ddbae60765c6c02b6eb816666e]: Words in reg. 3(1) omitted (1.4.2013) by virtue of The Social Security (Loss of Benefit)(Amendment) Regulations 2013 (S.I. 2013/385), regs. 1(2)(c), 7(3) (with reg. 7(6))

[^key-f42d0eb9bd6f10313c469a408dc0986c]: Words in reg. 3(5) omitted (1.4.2013) by virtue of The Social Security (Loss of Benefit)(Amendment) Regulations 2013 (S.I. 2013/385), regs. 1(2)(c), 7(4) (with reg. 7(6))

[^key-4d249c97f2194ee4232fb00d4192b381]: Words in reg. 1 inserted (8.4.2013) by The Armed Forces and Reserve Forces Compensation Scheme (Consequential Provisions Subordinate Legislation) Order 2013 (S.I. 2013/591), art. 2(2), Sch. para. 22(2)

[^key-5e4144f92d275e13e2697593190b2a02]: Words in reg. 1(2) inserted (8.4.2013) by The Social Security (Loss of Benefit)(Amendment) Regulations 2013 (S.I. 2013/385), regs. 1(2)(b), 3(f)

[^key-77493b3807820c408a0d4f053be778f7]: Reg. 5(1)(h)(iv) and word inserted (8.4.2013) by The Social Security (Loss of Benefit)(Amendment) Regulations 2013 (S.I. 2013/385), regs. 1(2)(b), 11(2)(d)

[^key-32cec4b4cff3e40838fb56c9109f3fea]: Words in reg. 5(1)(h)(i) substituted (8.4.2013) by The Social Security (Loss of Benefit)(Amendment) Regulations 2013 (S.I. 2013/385), regs. 1(2)(b), 11(2)(a)

[^key-ae67733bff35f653548b0243127810b8]: Words in reg. 5(1)(h)(ii) substituted (8.4.2013) by The Social Security (Loss of Benefit)(Amendment) Regulations 2013 (S.I. 2013/385), regs. 1(2)(b), 11(2)(b)

[^key-7f5ea2e97e6189e1a432ba7a3cecef76]: Word in reg. 5(1)(h)(ii) omitted (8.4.2013) by virtue of The Social Security (Loss of Benefit)(Amendment) Regulations 2013 (S.I. 2013/385), regs. 1(2)(b), 11(2)(c)

[^key-a2ebf749104da9b791a6046e0df24a48]: Words in reg. 5(1)(h)(i) inserted (8.4.2013) by The Armed Forces and Reserve Forces Compensation Scheme (Consequential Provisions Subordinate Legislation) Order 2013 (S.I. 2013/591), art. 2(2), Sch. para. 22(3)(a)

[^key-b53ba65f60e450630fd241d4071bfaa5]: Words in reg. 5(1)(h)(ii) inserted (8.4.2013) by The Armed Forces and Reserve Forces Compensation Scheme (Consequential Provisions Subordinate Legislation) Order 2013 (S.I. 2013/591), art. 2(2), Sch. para. 22(3)(b)

[^key-827c75fd7cc273461d697070cfc11e9d]: Word in reg. 5 omitted (8.4.2013) by virtue of The Armed Forces and Reserve Forces Compensation Scheme (Consequential Provisions Subordinate Legislation) Order 2013 (S.I. 2013/591), art. 2(2), Sch. para. 22(3)(c)

[^key-e59541ef0af37806bf3d76d2c03744d3]: Reg. 5(1)(h)(v) inserted (8.4.2013) by The Armed Forces and Reserve Forces Compensation Scheme (Consequential Provisions Subordinate Legislation) Order 2013 (S.I. 2013/591), art. 2(2), Sch. para. 22(3)(d)

[^key-3ea1d2113b42f182948ff8520db8b7dc]: Words in reg. 11(2)(e)(i) substituted (E.W.S.) (8.4.2013) by The Social Security (Loss of Benefit)(Amendment) Regulations 2013 (S.I. 2013/385), regs. 1(2)(b), 12(a)

[^key-0ce8c5692b5635825a65bf32b7ea583c]: Words in reg. 11(2)(e)(ii) substituted (E.W.S.) (8.4.2013) by The Social Security (Loss of Benefit)(Amendment) Regulations 2013 (S.I. 2013/385), regs. 1(2)(b), 12(b)

[^key-623ab0e130cdc24cffe3de8d32780d41]: Word in reg. 11(2)(e)(ii) omitted (E.W.S.) (8.4.2013) by virtue of The Social Security (Loss of Benefit)(Amendment) Regulations 2013 (S.I. 2013/385), regs. 1(2)(b), 12(c)

[^key-65a160302894dda3dbc9a009ed0300d2]: Reg. 11(2)(e)(iv) inserted (E.W.S.) (8.4.2013) by The Social Security (Loss of Benefit)(Amendment) Regulations 2013 (S.I. 2013/385), regs. 1(2)(b), 12(d)

[^key-ad6f0cc549c943d8566b21cc953b1d36]: Words in reg. 11(2)(e)(i) inserted (8.4.2013) by The Armed Forces and Reserve Forces Compensation Scheme (Consequential Provisions Subordinate Legislation) Order 2013 (S.I. 2013/591), art. 2(2), Sch. para. 22(4)(a)

[^key-3919ac744297f929e7cb1c5dbd6c3cf1]: Words in reg. 11(2)(e)(ii) inserted (8.4.2013) by The Armed Forces and Reserve Forces Compensation Scheme (Consequential Provisions Subordinate Legislation) Order 2013 (S.I. 2013/591), art. 2(2), Sch. para. 22(4)(b)

[^key-7c93eead3993a14bb89a368ec4da7cfa]: Word in reg. 11(2)(e) omitted (8.4.2013) by virtue of The Armed Forces and Reserve Forces Compensation Scheme (Consequential Provisions Subordinate Legislation) Order 2013 (S.I. 2013/591), art. 2(2), Sch. para. 22(4)(c)

[^key-47cbef008c55390dcddad1166f7de188]: Reg. 11(2)(e)(v) inserted (8.4.2013) by The Armed Forces and Reserve Forces Compensation Scheme (Consequential Provisions Subordinate Legislation) Order 2013 (S.I. 2013/591), art. 2(2), Sch. para. 22(4)(d)

[^key-f619d53ae3cfe2ae6b4eeef2e4340763]: Reg. 3ZB inserted (29.4.2013) by The Social Security (Loss of Benefit)(Amendment) Regulations 2013 (S.I. 2013/385), reg. 1(2)(a)(3)9

[^key-0ba7cf08e8a97ee1be33e993e6556e1c]: Pt. 4B inserted (29.4.2013) by The Social Security (Loss of Benefit)(Amendment) Regulations 2013 (S.I. 2013/385), reg. 1(2)(a)(3)14

[^key-ffdc943225f1978071c7e801e241bb76]: Words in reg. 1(2) inserted (29.4.2013) by The Social Security (Loss of Benefit)(Amendment) Regulations 2013 (S.I. 2013/385), reg. 1(2)(a) (3) 3(d)

[^key-34c3b8fef0501dc542a2b5aaecc09ab7]: Words in reg. 1(2) inserted (29.4.2013) by The Social Security (Loss of Benefit)(Amendment) Regulations 2013 (S.I. 2013/385), reg. 1(2)(a) (3) 3(e)

[^key-0b04b1b97737272054afdd11c524bc26]: Words in reg. 1(2) added (29.4.2013) by The Social Security (Loss of Benefit)(Amendment) Regulations 2013 (S.I. 2013/385), reg. 1(2)(a) (3) 3(g)

[^key-c249641fa31b5e71050ad6ac69ca4aef]: Reg. 1A(6A)(6B) inserted (E.W.S.) (29.4.2013) by The Social Security (Loss of Benefit)(Amendment) Regulations 2013 (S.I. 2013/385), reg. 1(2)(a)(3)4(6)

[^key-2e5b9e6bd502834db309ab59ec344298]: Words in reg. 1A(2)(a) inserted (E.W.S.) (29.4.2013) by The Social Security (Loss of Benefit)(Amendment) Regulations 2013 (S.I. 2013/385), reg. 1(2)(a)(3)4(3)

[^key-f79e7b09f5771fae111b17fc67d6fbbf]: Words in reg. 1A(7)(a) inserted (E.W.S.) (29.4.2013) by The Social Security (Loss of Benefit)(Amendment) Regulations 2013 (S.I. 2013/385), reg. 1(2)(a)(3)4(7)(a)

[^key-a34d6e6e69a2780a2d0e33de0078f639]: Words in reg. 1A(7)(b) substituted (E.W.S.) (29.4.2013) by The Social Security (Loss of Benefit)(Amendment) Regulations 2013 (S.I. 2013/385), reg. 1(2)(a)(3)4(7)(b)(i)

[^key-47a95696c62b3583628634b5de371694]: Words in reg. 1A(7)(b) inserted (E.W.S.) (29.4.2013) by The Social Security (Loss of Benefit)(Amendment) Regulations 2013 (S.I. 2013/385), reg. 1(2)(a)(3)4(7)(b)(ii)

[^key-df35f6394a6af52f61e1ee564df1f5bf]: Words in reg. 2(2)(a) added (E.W.S.) (29.4.2013) by The Social Security (Loss of Benefit)(Amendment) Regulations 2013 (S.I. 2013/385), reg. 1(2)(a)(3)5(3)

[^key-7b5664c709ce7934e3412628338f11f4]: Words in reg. 2(6)(c) inserted (E.W.S.) (29.4.2013) by The Social Security (Loss of Benefit)(Amendment) Regulations 2013 (S.I. 2013/385), reg. 1(2)(a)(3)5(5)(b)

[^key-4eff084f9cb49f52883ca8177028f669]: Reg. 2(6A)(6B) inserted (29.4.2013) by The Social Security (Loss of Benefit)(Amendment) Regulations 2013 (S.I. 2013/385), reg. 1(2)(a)(3)5(6)

[^key-93ae52f029fe6f34e28b10fa28604ff8]: Reg. 3ZB excluded (E.W.S.) (16.6.2014) by The Universal Credit (Transitional Provisions) Regulations 2014 (S.I. 2014/1230), regs. 1(2), 35(5)

[^M_F_9c728315-8f03-4434-80f8-72a0f7108933]: Words in reg. 1(2) inserted (1.4.2010) by The Social Security (Loss of Benefit) Amendment Regulations 2010 (S.I. 2010/1160), regs. 1, 2(2)(a)(iii)

[^M_F_ab8e1c0e-77c3-4e06-e9e4-9544076aff49]: Words in reg. 3(6) added (27.10.2008) by Employment and Support Allowance (Consequential Provisions) (No.2) Regulations 2008 (S.I. 2008/1554), regs. 1(2)(b), 56(3)(e)

[^key-e20823e92af9d0c3660f45c32d525b9d]: Reg. 19(e) substituted (6.4.2017 coming into force in accordance with art. 1-3) by The Pensions Act 2014 (Consequential, Supplementary and Incidental Amendments) Order 2017 (S.I. 2017/422), arts. 1(2), 20

[^key-e6fe1157775a03319742f785c2bc5d9b]: Words in reg. 5(1)(k)(i) inserted (3.11.2017) by The Social Services and Well-being (Wales) Act 2014 and the Regulation and Inspection of Social Care (Wales) Act 2016 (Consequential Amendments) Order 2017 (S.I. 2017/901), arts. 1, 8(2)(a)

[^key-d785a875b838af574178cb7c04686125]: Words in reg. 5(1)(k)(ii) substituted (3.11.2017) by The Social Services and Well-being (Wales) Act 2014 and the Regulation and Inspection of Social Care (Wales) Act 2016 (Consequential Amendments) Order 2017 (S.I. 2017/901), arts. 1, 8(2)(b)

[^key-578d2b8d5a9215a655e49e4742168cdb]: Words in reg. 5(1)(k)(iii) substituted (3.11.2017) by The Social Services and Well-being (Wales) Act 2014 and the Regulation and Inspection of Social Care (Wales) Act 2016 (Consequential Amendments) Order 2017 (S.I. 2017/901), arts. 1, 8(2)(b)

[^key-acfbbe51ad72ad5f63af5625bcbf2574]: Words in reg. 11(2)(h)(i) inserted (3.11.2017) by The Social Services and Well-being (Wales) Act 2014 and the Regulation and Inspection of Social Care (Wales) Act 2016 (Consequential Amendments) Order 2017 (S.I. 2017/901), arts. 1, 8(3)(a)

[^key-7422b7a097ca66b2b7a4cde8e20c2639]: Words in reg. 11(2)(h)(ii) substituted (3.11.2017) by The Social Services and Well-being (Wales) Act 2014 and the Regulation and Inspection of Social Care (Wales) Act 2016 (Consequential Amendments) Order 2017 (S.I. 2017/901), arts. 1, 8(3)(b)

[^key-2a28d418c323a9593d619f3f04bec12c]: Words in reg. 11(2)(h)(iii) substituted (3.11.2017) by The Social Services and Well-being (Wales) Act 2014 and the Regulation and Inspection of Social Care (Wales) Act 2016 (Consequential Amendments) Order 2017 (S.I. 2017/901), arts. 1, 8(3)(b)

[^key-c5b4a79273eeaa69b18cfad7957697cc]: Words in reg. 1(2) inserted (21.10.2024) by The Social Security (Scotland) Act 2018 (Disability Assistance) (Consequential Amendments) Order 2024 (S.I. 2024/919), arts. 1(1), 8(2)(a)

[^key-771b455b7bd1edc6ddff4fef628bc5fd]: Words in reg. 1(2) inserted (21.10.2024) by The Social Security (Scotland) Act 2018 (Disability Assistance) (Consequential Amendments) Order 2024 (S.I. 2024/919), arts. 1(1), 8(2)(b)

[^key-c7bccc5a94ccc832c7b097d59d26318b]: Words in reg. 1(2) inserted (21.10.2024) by The Social Security (Scotland) Act 2018 (Disability Assistance) (Consequential Amendments) Order 2024 (S.I. 2024/919), arts. 1(1), 8(2)(c)

[^key-6bb73480b2f7ea95f1be3171fe1a7db3]: Reg. 5(1)(h)(vi)(vii) inserted (21.10.2024) by The Social Security (Scotland) Act 2018 (Disability Assistance) (Consequential Amendments) Order 2024 (S.I. 2024/919), arts. 1(1), 8(3)(d)

[^key-a7d42002ba13143d30daffdb7f39eb0f]: Words in reg. 5(1)(h)(i) inserted (21.10.2024) by The Social Security (Scotland) Act 2018 (Disability Assistance) (Consequential Amendments) Order 2024 (S.I. 2024/919), arts. 1(1), 8(3)(a)

[^key-8a7f5dad2eef80d7d3dfa75ee6728381]: Words in reg. 5(1)(h)(ii) inserted (21.10.2024) by The Social Security (Scotland) Act 2018 (Disability Assistance) (Consequential Amendments) Order 2024 (S.I. 2024/919), arts. 1(1), 8(3)(a)

[^key-e2f30333f1f9a1381884b61be1714ec6]: Word in reg. 5(1)(h)(iv) omitted (21.10.2024) by virtue of The Social Security (Scotland) Act 2018 (Disability Assistance) (Consequential Amendments) Order 2024 (S.I. 2024/919), arts. 1(1), 8(3)(c)

[^key-b3ef067195e1903ab673f05a908d98a4]: Words in reg. 5(1)(h)(iii) inserted (21.10.2024) by The Social Security (Scotland) Act 2018 (Disability Assistance) (Consequential Amendments) Order 2024 (S.I. 2024/919), arts. 1(1), 8(3)(b)

[^key-93d502333407bbc78922524e8463a40d]: Reg. 11(2)(e)(vi)(vii) inserted (21.10.2024) by The Social Security (Scotland) Act 2018 (Disability Assistance) (Consequential Amendments) Order 2024 (S.I. 2024/919), arts. 1(1), 8(4)(d)

[^key-e3ad2381b03dc60b9cf96168160cb6b3]: Words in reg. 11(2)(e)(i) inserted (21.10.2024) by The Social Security (Scotland) Act 2018 (Disability Assistance) (Consequential Amendments) Order 2024 (S.I. 2024/919), arts. 1(1), 8(4)(a)

[^key-1490f16ee97009222f8201893b51a95a]: Words in reg. 11(2)(e)(ii) inserted (21.10.2024) by The Social Security (Scotland) Act 2018 (Disability Assistance) (Consequential Amendments) Order 2024 (S.I. 2024/919), arts. 1(1), 8(4)(a)

[^key-6316899bd0a300b277137fb93b9191f3]: Words in reg. 11(2)(e)(iii) inserted (21.10.2024) by The Social Security (Scotland) Act 2018 (Disability Assistance) (Consequential Amendments) Order 2024 (S.I. 2024/919), arts. 1(1), 8(4)(b)

[^key-f713a1674d811d33396f546e190f3bad]: Word in reg. 11(2)(e)(iv) omitted (21.10.2024) by virtue of The Social Security (Scotland) Act 2018 (Disability Assistance) (Consequential Amendments) Order 2024 (S.I. 2024/919), arts. 1(1), 8(4)(c)

[^key-b3e0c6f6fd469273fb70ad69dbf0b476]: Words in reg. 1(2) inserted (21.3.2025) by The Social Security (Scotland) Act 2018 (Disability Assistance) (Consequential Amendments) Order 2025 (S.I. 2025/227), arts. 1(1), 9(2)

[^key-fe433d1a9f3a727dcd97bc46f0650439]: Words in reg. 5(1)(h)(i) inserted (21.3.2025) by The Social Security (Scotland) Act 2018 (Disability Assistance) (Consequential Amendments) Order 2025 (S.I. 2025/227), arts. 1(1), 9(3)(a)

[^key-76da51de9f8a67d692c21496a06bf74f]: Words in reg. 5(1)(h)(ii) inserted (21.3.2025) by The Social Security (Scotland) Act 2018 (Disability Assistance) (Consequential Amendments) Order 2025 (S.I. 2025/227), arts. 1(1), 9(3)(b)

[^key-f037b72c60aa012565879575710678fc]: Words in reg. 11(2)(e)(i) inserted (21.3.2025) by The Social Security (Scotland) Act 2018 (Disability Assistance) (Consequential Amendments) Order 2025 (S.I. 2025/227), arts. 1(1), 9(4)(a)

[^key-07fceb477619f298f5ebc6170d49583d]: Words in reg. 11(2)(e)(ii) inserted (21.3.2025) by The Social Security (Scotland) Act 2018 (Disability Assistance) (Consequential Amendments) Order 2025 (S.I. 2025/227), arts. 1(1), 9(4)(b)

[^key-88bbb0e0c709ee0e3f3ba40a96dacb9c]: Reg. 19A(ba) inserted (6.4.2025) by The Neonatal Care Leave and Pay (Consequential Amendments to Subordinate Legislation) Regulations 2025 (S.I. 2025/201), regs. 1(2), 10(2)

Reduction in state pension credit

3A

• (1) Subject to the following provisions of this regulation, state pension credit shall be payable in the case of an offender for any week comprised in the disqualification period or in the case of an offender’s family member for any week comprised in the relevant period, as if the rate of benefit were reduced—

• (a) where the offender or the offender’s family member is pregnant or seriously ill, by 20 per cent. of the relevant sum; or

• (b) where sub-paragraph (a) does not apply, by 40 per cent. of the relevant sum.

• (2) In paragraph (1), the “relevant sum” is the amount applicable—

• (a) except where sub-paragraph (b) applies, in respect of a single claimant aged not less than 25 under paragraph 1(1) of Schedule 2 to the Income Support Regulations ; or

• (b) if the claimant’s family member is the offender and the offender has not attained the age of 25, the amount applicable in respect of a person of the offender’s age under paragraph 1(1) of Part I of that Schedule,

on the first day of the disqualification period or, as the case may be, on the first day of the relevant period.

• (3) Payment of state pension credit shall not be reduced under this regulation to less than 10 pence per week.

• (4) A reduction under paragraph (1) shall, if it is not a multiple of 5 pence, be rounded to the nearest such multiple or, if it is a multiple of 2.5 pence but not of 5 pence, to the next lower multiple of 5 pence.

• (5) Where the rate of state pension credit payable to an offender or an offender’s family member changes, the rules set out above for a reduction in the credit payable shall be applied to the new rate and any adjustment to the reduction shall take effect from the first day of the first benefit week to start after the date of change.

• (6) In paragraph (5), “benefit week” has the same meaning as in regulation 1(2) of the State Pension Credit Regulations 2002.

• (7) A person of a prescribed description for the purposes of the definition of “family” in section 137(1) of the Benefits Act as it applies for the purpose of this regulation is—

• (a) a person who is an additional spouse for the purposes of section 12(1) of the State Pension Credit Act 2002 (additional spouse in the case of polygamous marriages);

• (b) a person aged 16 or over who is treated as a child for the purposes of section 142who is a qualifying young person for the purposes of section 142(2) of the Benefits Act.

Reduction of joint-claim jobseeker’s allowance

Reduction of income support and income-related employment and support allowance

Disqualification period: section 6B(11) of the Act

1A

• (1) The first day of the disqualification period for the purposes of section 6B(11) of the Act (“ DQ-day ”) shall be as follows.

• (2) This paragraph applies where on the determination day—

• (a) the offender is in receipt of a sanctionable benefit other than a benefit to which paragraph (5A) applies or universal credit;

• (b) the offender is a member of a joint-claim couple which is in receipt of a joint-claim jobseeker’s allowance; or

• (c) the offender’s family member is in receipt of income support, jobseeker’s allowance, state pension credit, employment and support allowance, housing benefit or council tax benefit.

• (3) Where paragraph (2) applies and paragraph (4) does not apply (but subject to paragraph (7))—

• (a) in relation to a sanctionable benefit which is paid in arrears, DQ-day is the day following the first pay day after the end of the period of 28 days beginning with the determination day; and

• (b) in relation to a sanctionable benefit which is paid in advance, DQ-day is the first pay day after the end of the period of 28 days beginning with the determination day.

• (4) This paragraph applies where on the determination day the offender or (as the case may be) the offender’s family member is in receipt of—

• (a) either housing benefit or council tax benefit or both of those benefits; and

• (b) no other sanctionable benefit.

• (5) Where paragraph (4) applies—

• (a) in relation to housing benefit or council tax benefit which is paid in arrears, DQ-day is the day following the first pay day after the end of the period of 28 days beginning with the first day after the determination day on which the Secretary of State is notified by the relevant authority that the offender or the offender’s family member is in receipt of either housing benefit or council tax benefit (or both of those benefits) or has been awarded either or both of those benefits; and

• (b) in relation to housing benefit or council tax benefit which is paid in advance, DQ-day is the first pay day after the end of the period of 28 days beginning with the first day after the determination day on which the Secretary of State is so notified by the relevant authority.

• (5A) This paragraph applies where on the determination day the offender or, as the case may be, the offender’s family member is in receipt of a sanctionable benefit which is neither payable wholly in advance nor wholly in arrears and no other sanctionable benefit.

• (6) Where paragraph (5A) applies or where there is no sanctionable benefit payable on the determination day, DQ-day is the first day after the end of the period of 28 days beginning with the determination day.

• (6A) Paragraph (6B) applies where, on the determination day, the offender or, as the case may be, the offender’s family member is in receipt of universal credit.

• (6B) Where this paragraph applies, DQ-day is—

• (a) if the first day after the end of the period of 28 days beginning with the determination day is the first day of an assessment period, that day;

• (b) if the first day after the end of the period of 28 days beginning with the determination day is not the first day of an assessment period, the first day of the next assessment period after that day.

• (7) Where on the determination day—

• (a) paragraph (2) or (6A) applies in the case of an offender or (as the case may be) the offender’s family member, but

• (b) that person ceases to be in receipt of a benefit referred to in those paragraphs before the first day of the disqualification period that would apply by virtue of paragraph (3) or (6B),

DQ-day is the first day after the end of the period of 28 days beginning with the determination day.

Disqualification period: section 7(6) of the Act

Benefits to be treated as neither sanctionable nor disqualifying

19A

Each of the following benefits is to be treated as neither a sanctionable benefit nor a disqualifying benefit—

• (a) statutory adoption pay;

• (b) statutory paternity pay;

• (ba) statutory neonatal care pay;

• (c) health in pregnancy grant.

Deductions from benefits

Prescribed offences: section 6B(14)(b) of the Act

2A

• (1) Paragraphs (2) to (4) prescribe offences which are relevant offences for the purpose of sections 6B and 7 of the Act where section 6B(14)(b)(i), (ii) or (iii) of the Act applies.

• (2) In England and Wales, offences under—

• (a) section 8 of the Accessories and Abettors Act 1861;

• (b) section 1 of the Criminal Law Act 1977;

• (c) section 1, 3, 4 or 5 of the Forgery and Counterfeiting Act 1981;

• (d) section 6 or 7 of the Fraud Act 2006; and

• (e) section 44, 45 or 46 of the Serious Crime Act 2007.

• (3) In England, Wales or Scotland, offences under—

• (a) section 182 of the Administration Act ;

• (b) section 327, 328 or 329 of the Proceeds of Crime Act 2002; and

• (c) section 4, 5 or 6 of the Identity Documents Act 2010.

• (4) In Scotland—

• (a) the common law offences of—

• (i) conspiracy to defraud;

• (ii) embezzlement;

• (iii) fraud;

• (iv) fraudulent scheme; and

• (v) uttering;

• (b) offences under—

• (i) section 44 of the Criminal Law (Consolidation) (Scotland) Act 1995;

• (ii) section 28 or 30 of the Criminal Justice and Licensing (Scotland) Act 2010 (“the 2010 Act”); and

• (c) offences to which section 29 of the 2010 Act (offences aggravated by connection with serious organised crime) applies.

• (5) Paragraphs (6) and (7) prescribe offences which are relevant offences for the purpose of sections 6B and 7 of the Act where section 6B(14)(b)(i) or (ii) of the Act applies.

• (6) In England and Wales, offences under section 1 of the Fraud Act 2006.

• (7) In England, Wales or Scotland, offences under—

• (a) section 111A of the Administration Act ;

• (b) section 35 of the Tax Credits Act 2002.

Reduction of income-related employment and support allowance

3ZA

• (1) Subject to paragraphs (4) and (5), any payment of an income-related employment and support allowance which falls to be made to an offender in respect of any week in the disqualification period or to an offender’s family member in respect of any week in the relevant period is to be reduced in accordance with paragraph (2).

• (2) The amount of the reduction is to be—

• (a) where the offender or, as the case may be, the offender’s family member, is pregnant or seriously ill, a sum equivalent to 20 per cent.;

• (b) where the offender or, as the case may be, the offender’s family member is subject to no work-related requirements for the purpose of section 11D of the 2007 Act , a sum equivalent to 40 per cent.;

• (c) in any other case, a sum equivalent to 100 per cent.,

of the applicable amount for a single claimant specified in paragraph 1(1) of Schedule 4 to the ESA Regulations on the day specified in paragraph (3).

• (3) The specified day is—

• (a) where a payment to the offender falls to be reduced, on the first day of the disqualification period; or

• (b) where a payment to the offender’s family member falls to be reduced, on the first day of the relevant period.

• (4) Payment must not be reduced under paragraph (2) to below 10 pence per week.

• (5) A reduction under paragraph (2) must, if it is not a multiple of 5 pence, be rounded to the nearest such multiple or, if it is a multiple of 2.5 pence but not of 5 pence, to the next lower multiple of 5 pence.

• (6) Where the rate of an income-related employment and support allowance payable to an offender or an offender’s family member changes, the rules set out above for a reduction in the allowance payable are to be applied to the new rate and any adjustment to the reduction shall take effect from the first day of the first benefit week to start after the date of change.

• (7) In paragraph (6), “benefit week” has the same meaning as in regulation 2(1) of the ESA Regulations .

Reduction in state pension credit

Reduction of joint-claim jobseeker’s allowance

Part 4A — Hardship: Income-related employment and support allowance

Payment of income-related employment and support allowance to specified persons

16A

• (1) Subject to regulation 16B, an income-related employment and support allowance is payable in accordance with the following provisions of this Part to an offender or an offender’s family member (“O”) where—

• (a) O meets the conditions for entitlement to that allowance;

• (b) the amount of the allowance otherwise payable to O is subject to a reduction under regulation 3ZA above or regulation 63 of the ESA Regulations ; and

• (c) the Secretary of State is satisfied that O, their partner or a child or qualifying young person for whom they are responsible, will be in hardship unless such a payment is made.

• (2) The Secretary of State must take the following matters into account in determining whether a person is in hardship for the purpose of paragraph (1)(c)—

• (a) whether O’s partner or a person in O’s family satisfies the requirements for a disability premium specified in paragraphs 6 and 7 of Schedule 4 to the ESA Regulations , or for an element of child tax credit in respect of a child or young person who is disabled or severely disabled within the meaning of regulation 8 of the Child Tax Credit Regulations 2002;

• (b) the household’s available resources without a payment under paragraph (1), including resources from persons who are not members of the household;

• (c) the difference between the available resources and the amount of a payment under paragraph (1) that O would receive;

• (d) whether there is a substantial risk that the household will not have access to essential items (including food, clothing, heating and accommodation), or will have access to such essential items at considerably reduced levels, without a payment under paragraph (1); and

• (e) the length of time that the factors set out in sub-paragraphs (b) to (d) are likely to continue.

• (3) In paragraphs (1) and (2), “partner”, “child” and “qualifying young person” have the same meaning as they have in the ESA Regulations .

Requirements for payments under regulation 16A(1)

16B

The Secretary of State must not make a payment under regulation 16A(1) unless O —

• (a) completes and submits an application in a form approved for the purpose by the Secretary of State, or in such other form as the Secretary of State accepts as sufficient, in such manner as the Secretary of State determines; and

• (b) provides such information or evidence relating to the matters specified in regulation 16A(2)(b) to (d) as the Secretary of State may require, in such manner as the Secretary of State determines.

Amount of payment under regulation 16A(1)

16C

• (1) The amount of a payment under regulation 16A(is 60 per cent. of the prescribed amount for a single claimant as set out in paragraph (1)(a) of Part 1 of Schedule 4 to the ESA Regulations .

• (2) A payment calculated in accordance with paragraph (1) is to be, if it is not a multiple of 5 pence, rounded to the nearest such multiple or, if it is a multiple of 2.5 pence but not of 5 pence, to the next lower multiple of 5 pence.

Reduction of universal credit

3ZB

• (2) Any payment of universal credit which falls to be made to an offender or an offender’s family member (“O”) in respect of an assessment period wholly or partly within a disqualification period is to be reduced in accordance with paragraph (2) or (5).

• (2) Except where paragraph (5) applies and subject to paragraphs (6) and (7), the amount of the reduction is to be calculated by multiplying the daily reduction rate by the number of days in the assessment period or, if lower, the number of days in the assessment period to which the reduction is to relate.

• (3) The daily reduction rate for the purposes of paragraph (2) is, unless paragraph (4) applies, an amount equal to the amount of the standard allowance applicable to the award multiplied by 12 and divided by 365.

• (4) The daily reduction rate for the purposes of paragraph (2) is 40 per cent. of the rate calculated in accordance with paragraph (3) if, at the end of the assessment period—

• (a) O, or where O is a joint claimant, the other joint claimant (“J”), falls within section 19 of the 2012 Act (claimant subject no work-related requirements) by virtue of—

• (i) subsection (2)(c) of that section (responsible carer for a child under the age of 1), or

• (ii) regulation 89(1)(c), (d) or (f) of the UC Regulations (adopter, claimants within 11 weeks before, or 15 weeks after, confinement or responsible foster parent of a child under the age of 1); or

• (b) O or, as the case may be, O or J, falls within section 20 of the 2012 Act (claimant subject to work-focused interview only).

• (5) Where the disqualification period ends during an assessment period, the amount of the reduction for that assessment period is to be calculated by multiplying the daily reduction rate under paragraph (3) or, as the case may be, paragraph (4) by the number of days in that assessment period which are within the disqualification period.

• (6) The amount of the daily reduction rate in paragraphs (3) and (4) is to be rounded down to the nearest 10 pence.

• (7) The amount of the reduction under paragraph (2) in respect of any assessment period must not exceed the amount of the standard allowance which is applicable to O in respect of that period.

• (8) Where the rate of universal credit payable to O or as the case may be, to O and J, changes, the rules set out above for a reduction in the universal credit payable are to be applied to the new rate and any adjustment to the reduction is to take effect from the first day of the first assessment period to start after the date of the change.

• (9) In the case of joint claimants—

• (a) each joint claimant is considered individually for the purpose of determining the rate applicable under paragraph (3) or (4); and

• (b) half of any applicable rate is applied to each joint claimant accordingly.

• (10) In this regulation, “standard allowance” means the allowance of that name, the amount of which is set out in regulation 36 of the UC Regulations.

Reduction in state pension credit

Reduction of joint-claim jobseeker’s allowance

Part 4B — Hardship: Universal Credit

Payment of universal credit to specified persons

16D

• (1) Subject to regulation 16E, universal credit is payable in accordance with the following provisions of this Part to an offender or an offender’s family member (“O”) or where O is a joint claimant, to O and the other joint claimant (“J”), where the Secretary of State is satisfied that they are in hardship.

• (2) For the purposes of paragraph (1), O or, as the case may be, O and J must be considered as being in hardship only where—

• (a) they meet the conditions for entitlement to universal credit;

• (b) they cannot meet their immediate and most basic and essential needs, specified in paragraph (3), or the immediate and most basic and essential needs of a child or qualifying young person for whom O is, or O and J are, responsible only because the amount of their award has been reduced under—

• (i) section 26 or 27 of the 2012 Act by the daily reduction rate determined in accordance with regulation 111 of the UC Regulations; or

• (ii) regulation 3ZB above by the daily reduction rate determined in accordance with paragraph (3) or (4) of that regulation;

• (c) they have made every effort to access alternative sources of support to meet, or partially meet, such needs; and

• (d) they have made every effort to cease to incur any expenditure which does not relate to such needs.

• (3) The needs referred to in paragraph (2) are—

• (a) accommodation;

• (b) heating;

• (c) food;

• (d) hygiene.

• (4) In paragraph (2)(b), “child” and “qualifying young person” have the same meaning as in Part 1 of the 2012 Act and whether or not O is, or O and J are, responsible for a child or qualifying young person is to be determined in accordance with regulation 4 of the UC Regulations.

Requirements for payments under regulation 16D(1)

16E

The Secretary of State must not make a payment under regulation 16D(1) unless—

• (a) O completes and submits or, as the case may be, O and J complete and submit, an application in a form approved for the purpose by the Secretary of State, or in such other form as the Secretary of State accepts as sufficient, in such manner as the Secretary of State determines;

• (b) O furnishes or, as the case may be, O and J furnish, such information or evidence relating to the matters specified in regulation 16D(2)(b) to (d) as the Secretary of State may require, in such manner as the Secretary of State determines; and

• (c) O accepts or, as the case may be O and J accept, that any such payments that are paid are recoverable and may be recovered in accordance with section 71ZH of the Administration Act, except in such cases as the Secretary of State determines otherwise.

Period in respect of which payments under regulation 16D(1) are to be made

16F

A payment under regulation 16D(1) is to be made in respect of—

• (a) a period which—

• (i) begins with the date on which the application under regulation 16E(a) is submitted or, if later, the date on which all of the conditions in regulation 16D(2) are met; and

• (ii) ends with the day before the date on which O’s, or as the case may be, O and J’s next full payment of universal credit for an assessment period is due to be made (or would be made but for a reduction under regulation 3ZB); or

• (b) where the period calculated in accordance with paragraph (a) is 7 days or less, that period plus a further period ending with the day referred to in paragraph (a)(ii) or, if sooner, the last day in respect of which O’s, or as the case may be, O and J’s award is reduced in accordance with regulation 3ZB.

The amount of payments under regulation 16D(1)

16G

The amount of a payment under regulation 16D(1) for each day in respect of which such a payment is to be is made is to be determined in accordance with the formula—

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where A is equal to the amount of the reduction in the amount of O’s award or, as the case may be, the amount of O and J’s award, calculated under regulation 3ZB for the assessment period preceding the assessment period in which an application is submitted under regulation 16E(a).

Recoverability of payments made under regulation 16D(1)

16H

Payments made under regulation 16D(1) are recoverable by virtue of section 71ZH of the Administration Act as if they were hardship payments under regulation 116 of the UC Regulations and for this purpose, regulation 119 of those Regulations applies to payments under regulation 16D(1) as it applies to such hardship payments.