The Social Security (Hospital In-Patients and Miscellaneous Amendments) Regulations 2003

Made: 30th April 2003

Laid before Parliament: 6th May 2003

Coming into force in accordance with regulation 1

The Secretary of State for Work and Pensions, in exercise of the powers conferred upon him by sections 52(4) and 54 of, and paragraph 5(a) of Schedule 1 to, the Child Support Act 1991 , sections 123(1)(a), (d) and (e), 130(4), 131(10), 135(1), 137(1) and 175(1), (3) and (4) of the Social Security Contributions and Benefits Act 1992 , sections 73(1)(b) and 189(1), (4) and (5) of the Social Security Administration Act 1992 , sections 4(5) and 36(1), (2) and (4)(a) of the Jobseekers Act 1995 and sections 2(3) and (6), 13(1), 17(1) and 19(1) of the State Pension Credit Act 2002 , and all other powers enabling him in that behalf, after consultation in respect of provisions in these Regulations relating to housing benefit and council tax benefit with organisations appearing to him to be representative of the authorities concerned , and after agreement by the Social Security Advisory Committee that the proposals to make these Regulations should not be referred to it , hereby makes the following Regulations:

Citation and commencement

1

These Regulations may be cited as the Social Security (Hospital In-Patients and Miscellaneous Amendments) Regulations 2003 and shall come into force for the purposes of—

• (a) this regulation and regulations 7 to 10, on 21st May 2003;

• (b) regulation 2—

• (i) in so far as it relates to a particular beneficiary other than a beneficiary in receipt of incapacity benefit or severe disablement allowance, on 21st May 2003 if it is his appropriate pay day or, if not, on his appropriate pay day next following 21st May 2003, and for the purposes of this sub-paragraph “appropriate pay day” shall be construed in accordance with regulation 22(3) of, and Schedule 6 to, the Social Security (Claims and Payments) Regulations 1987 ; and

• (ii) in so far as it relates to a particular beneficiary in receipt of incapacity benefit or severe disablement allowance, on 21st May 2003;

• (c) regulation 3, in so far as it relates to a beneficiary paid in advance, on the first day of the first benefit week to commence for that beneficiary on or after 21st May 2003, but otherwise on the first day of the benefit week which includes that date, and for the purpose of this paragraph “benefit week” has the same meaning as in the Income Support (General) Regulations 1987 ;

• (d) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (e) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (f) regulation 6, in so far as it relates to a beneficiary paid in advance, on the first day of the first benefit week to commence for that beneficiary on or after 21st May 2003, but otherwise on the first day of the benefit week which includes that date, and for the purpose of this paragraph “benefit week” has the same meaning as in the Jobseeker’s Allowance Regulations 1996

Amendment of the Social Security (Hospital In-Patients) Regulations 1975

2

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Amendment of the Income Support (General) Regulations 1987

3

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Amendment of the Housing Benefit (General) Regulations 1987

4

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Amendment of Council Tax Benefit (General) Regulations 1992

5

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Amendment of the Jobseeker’s Allowance Regulations 1996

6

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Amendment of the Child Support (Maintenance Calculations and Special Cases) Regulations 2000

7

In the Child Support (Maintenance Calculations and Special Cases) Regulations 2000 , in regulation 5 (nil rate)—

• (a) in paragraph (g)—

• (i) for “1(a) or (b)” substitute “ 1(b) or 2 ”; and

• (ii) for “6” substitute “ 52 ”;

• (b) in paragraph (gg) —

• (i) after “Regulations” insert “ 2002 ”; and

• (ii) for “at least 13 but not exceeding” substitute “ more than ”; and

• (c) in paragraph (h) for “4(d)” substitute “ 4 ”.

Amendment of the State Pension Credit Regulations 2002

8

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Amendment of the State Pension Credit (Consequential, Transitional and Miscellaneous Provisions) Regulations 2002

9

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Amendment of the Housing Benefit and Council Tax Benefit (State Pension Credit) Regulations 2003

10

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Signed

Signed by authority of the Secretary of State for Work and Pensions.

Malcolm Wicks — Parliamentary Under-Secretary of State, — Department for Work and Pensions — 2003-04-30

Explanatory note

(This note is not part of the Regulations)

Footnotes

[^f00001]: 1991 c. 48; section 54 is cited for the meaning ascribed to the word “prescribed”; Schedule 1 was substituted by section 1 of the Child Support, Pensions and Social Security Act 2000 (c. 19).

[^f00002]: 1992 c. 4; section 123(1)(e) and section 131 were substituted by the Local Government Finance Act 1992 (c. 14), Schedule 9, paragraphs 1(1) and 4 respectively; section 137(1) is an interpretation provision and is cited because of the meaning ascribed to the word “prescribed”.

[^f00003]: 1992 c. 5; section 73 was amended by the Jobseekers Act 1995 (c. 18), Schedule 2, paragraph 49.

[^f00004]: 1995 c. 18.

[^f00005]: 2002 c. 16; section 17(1) is an interpretation provision and is cited because of the meaning ascribed to the word “prescribed”.

[^f00006]: See the Social Security Administration Act 1992, section 176(1)(a) which was amended by the Local Government Finance Act 1992, Schedule 9, paragraph 23.

[^f00007]: See the Social Security Administration Act 1992, section 173(1)(b).

[^f00008]: S.I. 1987/1968.

[^f00009]: S.I. 1987/1967.

[^f00010]: S.I. 1996/207.

[^f00011]: S.I. 1975/555.

[^f00012]: The definition of “38% of the basic pension” was substituted by S.I. 2002/685.

[^f00013]: Regulation 4 was amended by S.I. 1987/1683.

[^f00014]: Regulation 4A was inserted by S.I. 1986/903 and amended by S.I. 1987/1683.

[^f00015]: Regulation 5 was substituted by S.I. 1987/1683.

[^f00016]: Paragraph (2) of regulation 6 was substituted by S.I. 1987/1683.

[^f00017]: Regulation 9 was substituted by S.I. 1977/1693 and amended by S.I. 1987/1683.

[^f00018]: Regulation 17(1) and (5) was amended by S.I. 1987/1683.

[^f00019]: Paragraph (1A) was inserted by S.I. 2001/3767.

[^f00020]: Paragraph 13A was inserted by S.I. 2000/2629.

[^f00021]: Schedule 3 was substituted by S.I. 1995/1613.

[^f00022]: Paragraph 1 was amended by S.I. 2003/526.

[^f00023]: Paragraph 13B was inserted by S.I. 1994/2139.

[^f00024]: S.I. 1987/1971.

[^f00025]: Regulation 16 was modified by S.I. 2003/325.

[^f00026]: Regulation 18 was amended by S.I. 1996/1803 and 2432 and 2003/526 and was modified by S.I. 2003/325.

[^f00027]: Regulation 63 was amended by S.I. 1990/546 and 1775, 1991/235 and 387, 1992/50 and 2148, 1993/317, 963 and 1249, 1996/1510 and 2518, 1998/563 and 2002/668; sub-paragraph (e) was added by S.I. 1992/50.

[^f00028]: Paragraph 13A was inserted by S.I. 2000/2629.

[^f00029]: S.I. 1992/1814.

[^f00030]: Regulation 8 was modified by S.I. 2003/325.

[^f00031]: Regulation 10 was amended by S.I. 1993/688, 1996/1803 and 2432 and 2003/526 and was modified by S.I. 2003/325.

[^f00032]: Regulation 52 was amended by S.I. 1993/688, 963 and 1249, 1996/1510 and 2518, 2001/1605 and 2003/526.

[^f00033]: Paragraph 14A was inserted by S.I. 2000/2629.

[^f00034]: Paragraph (3F) was inserted by S.I. 2001/3767.

[^f00035]: Paragraph 15A was inserted by S.I. 2000/2629.

[^f00036]: Paragraph 20IA was inserted by S.I. 2000/2629.

[^f00037]: Regulation 17 was amended by S.I. 1996/2518 and 2538, 1997/827, 1999/2860, 2000/440 and 2003/526.

[^f00038]: Schedule 5A was inserted by S.I. 2000/1978.

[^f00039]: S.I. 2001/155; these regulations come into force in relation to a particular case on the day on which Part I of Schedule 1 to the Child Support Act 1991 as amended by the Child Support, Pensions and Social Security Act 2000 comes into force in relation to that type of case.

[^f00040]: Paragraph (gg) was inserted by S.I. 2002/3019.

[^f00041]: S.I. 2002/1792.

[^f00042]: S.I. 2002/3019.

[^f00043]: Regulation 36 was amended by S.I. 2002/3197.

[^f00044]: S.I. 2003/325.

Editorial notes

[^c503306]: 1991 c. 48; section 54 is cited for the meaning ascribed to the word “prescribed”; Schedule 1 was substituted by section 1 of the Child Support, Pensions and Social Security Act 2000 (c. 19).

[^c503307]: 1992 c. 4; section 123(1)(e) and section 131 were substituted by the Local Government Finance Act 1992 (c. 14), Schedule 9, paragraphs 1(1) and 4 respectively; section 137(1) is an interpretation provision and is cited because of the meaning ascribed to the word “prescribed”.

[^c503308]: 1992 c. 5; section 73 was amended by the Jobseekers Act 1995 (c. 18), Schedule 2, paragraph 49.

[^c503309]: 1995 c. 18.

[^c503310]: 2002 c. 16; section 17(1) is an interpretation provision and is cited because of the meaning ascribed to the word “prescribed”.

[^c503311]: See the Social Security Administration Act 1992, section 176(1)(a) which was amended by the Local Government Finance Act 1992, Schedule 9, paragraph 23.

[^c503312]: See the Social Security Administration Act 1992, section 173(1)(b).

[^c503313]: S.I. 1987/1968.

[^c503314]: S.I. 1987/1967.

[^c503315]: S.I. 1996/207.

[^c503344]: S.I. 2001/155; these regulations come into force in relation to a particular case on the day on which Part I of Schedule 1 to the Child Support Act 1991 as amended by the Child Support, Pensions and Social Security Act 2000 comes into force in relation to that type of case.

[^c503345]: Paragraph (gg) was inserted by S.I. 2002/3019.

[^key-5b7d8214554922a66c27b1186a27d637]: Reg. 1(d)(e) revoked (6.3.2006) by The Housing Benefit and Council Tax Benefit (Consequential Provisions) Regulations 2006 (S.I. 2006/217), reg. 1(1), Sch. 1 (with regs. 2, 3, Sch. 3, Sch. 4)

[^key-719bc4b6492843a53d936314ccc3b52a]: Reg. 4 revoked (6.3.2006) by The Housing Benefit and Council Tax Benefit (Consequential Provisions) Regulations 2006 (S.I. 2006/217), reg. 1(1), Sch. 1 (with regs. 2, 3, Sch. 3, Sch. 4)

[^key-8907e73c32328c51c0fd79d595219e45]: Reg. 5 revoked (6.3.2006) by The Housing Benefit and Council Tax Benefit (Consequential Provisions) Regulations 2006 (S.I. 2006/217), reg. 1(1), Sch. 1 (with regs. 2, 3, Sch. 3, Sch. 4)

[^key-3fb5ce4e0a1664997b82a4fa7d215854]: Reg. 10 revoked (6.3.2006) by The Housing Benefit and Council Tax Benefit (Consequential Provisions) Regulations 2006 (S.I. 2006/217), reg. 1(1), Sch. 1 (with regs. 2, 3, Sch. 3, Sch. 4)

[^key-1825f92d87658977ba900505876759ec]: Regs. 2-6 revoked (10.4.2006) by Social Security (Hospital In-Patients) Regulations 2005 (S.I. 2005/3360), regs. 1(e), 9(2), Sch.

[^key-84d10f333cc0cff41b8377f17c9981f2]: Regs. 8-10 revoked (10.4.2006) by Social Security (Hospital In-Patients) Regulations 2005 (S.I. 2005/3360), regs. 1(e), 9(2), Sch.