The Social Security (Miscellaneous Amendments) (No.2) Regulations 2003

Made: 7th September 2003

Laid before Parliament: 10th September 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 123(1)(a), (d) and (e), 130(2) and (4), 135(1), 136(3) and (5)(b), 137(1) and 175(1) and (3) to (6) of the Social Security Contributions and Benefits Act 1992 and sections 4(5), 12(1), (2) and (4)(b), 35(1) and 36(2) and (4) of the Jobseekers Act 1995 and of 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 the Secretary of State to be representative of the authorities concerned and after agreement by the Social Security Advisory Committee that proposals in respect of these Regulations shall not be referred to it , hereby makes the following Regulations:

Citation and commencement

1

These Regulations may be cited as the Social Security (Miscellaneous Amendments) (No.2) Regulations 2003 and shall come into force–

• (a) for the purposes of regulations 1 to 5, on 1st October 2003;

• (b) for the purposes of regulation 6, on 6th October 2003.

Amendment of the Income Support (General) Regulations 1987

2

• (1) The Income Support (General) Regulations 1987 shall be amended in accordance with the following provisions of this regulation.

• (2) In regulation 2(1) (interpretation), after the definition of “employment zone contractor” there shall be inserted the following definition–

“ERA payment” means a payment made in respect of participation in the Employment Retention and Advancement Scheme for the provision of assistance to individuals to improve their job retention or career advancement (or both) under section 2 of the Employment and Training Act 1973 .

• (3) In paragraph 14ZA of Schedule 2 (applicable amounts) –

• (a) sub-paragraph (2) shall be omitted;

• (b) in paragraph (b) of sub-paragraph (3) the words “or ceases to be treated as entitled” shall be omitted;

• (c) in sub-paragraph (3A)–

• (i) in paragraph (a) before “the Sunday” there shall be inserted “ where sub-paragraph (3)(a) applies, ”;

• (ii) paragraph (b) shall be omitted;

• (d) in sub-paragraph (4)–

• (i) paragraph (b) shall be omitted;

• (ii) for paragraph (c) there shall be substituted–

(c) in any other case, the person who has been entitled to a carer’s allowance ceased to be entitled to that allowance.

• (4) In Schedule 9 (sums to be disregarded in the calculation of income other than earnings)–

• (a) in paragraph 25–

• (i) in sub-paragraph (1)(a) after “(permitted allowances)” there shall be inserted “ or paragraph 3 of Schedule 4 to the Adoption and Children Act 2002 ”;

• (ii) after sub-paragraph (1) there shall be inserted–

(1A) Any payment, other than a payment to which sub-paragraph (1)(a) applies, made to the claimant in accordance with regulations made under paragraph 3 of Schedule 4 to the Adoption and Children Act 2002.

• (b) for paragraph 76(1) there shall be substituted–

(76) – (1) Any payment made by a local authority, or by the National Assembly for Wales, to or on behalf of the claimant or his partner relating to a service which is provided to develop or sustain the capacity of the claimant or his partner to live independently in his accommodation.

• (c) after paragraph 76 there shall be inserted the following paragraph–

(77) Any ERA payment.

• (5) In Schedule 10 (capital to be disregarded)–

• (a) in paragraph 44 for the words “under the provisions of Order 80 of the Rules of the Supreme Court, the Country Court under Order 10 of the County Court Rules 1981” there shall be substituted “ or the County Court under Rule 21.11(1) of the Civil Procedure Rules 1998 ”;

• (b) in paragraph 45 for the words “Rule 43.15 of the Act of Sederunt (Rules of the Court of Session 1994) 1994 or under Rule 131 of the Act of Sederunt (Rules of the Court, consolidation and amendment) 1965” there shall be substituted “ section 13 of the Children (Scotland) Act 1995 ”;

• (c) for paragraph 66(1) there shall be substituted–

(66) – (1) Any payment made by a local authority, or by the National Assembly for Wales, to or on behalf of the claimant or his partner relating to a service which is provided to develop or sustain the capacity of the claimant or his partner to live independently in his accommodation.

• (d) after paragraph 66 the following paragraphs shall be added–

(67) Any payment made under the Community Care (Direct Payments) Act 1996 , regulations made under section 57 of the Health and Social Care Act 2001 or under section 12B of the Social Work (Scotland) Act 1968 . (68) Any payment made to the claimant in accordance with regulations made under paragraph 3 of Schedule 4 to the Adoption and Children Act 2002. (69) Any ERA payment but only for a period of 52 weeks from the date of receipt of that payment.

Amendment of the Jobseeker’s Allowance Regulations 1996

3

• (1) The Jobseeker’s Allowance Regulations 1996 shall be amended in accordance with the following provisions of this regulation.

• (2) In regulation 1(3) (interpretation), after the definition of “employment zone contractor” there shall be inserted the following definition–

“ERA payment” means a payment made in respect of participation in the Employment Retention and Advancement Scheme for the provision of assistance to individuals to improve their job retention or career advancement (or both) under section 2 of the Employment Training Act 1973 .

• (3) In Schedule 1 (applicable amounts)–

• (a) in paragraph 17 –

• (i) sub-paragraph (2) shall be omitted;

• (ii) in paragraph (b) of sub-paragraph (3) the words “or ceases to be treated as entitled” shall be omitted;

• (iii) in sub-paragraph (3A)–

• (aa) in paragraph (a) before “the Sunday” there shall be inserted “ where sub-paragraph (3)(a) applies, ”;

• (bb) paragraph (b) shall be omitted;

• (iv) in sub-paragraph (4)–

• (aa) paragraph (b) shall be omitted;

• (bb) for paragraph (c) there shall be substituted–

(c) in any other case, the person who has been entitled to a carer’s allowance ceased to be entitled to that allowance.

• (b) in paragraph 20J –

• (i) in sub-paragraph (1) the words “and in receipt of” shall be omitted;

• (ii) sub-paragraph (2) shall be omitted;

• (iii) in paragraph (b) of sub-paragraph (3) the words “or ceases to be treated as entitled” shall be omitted;

• (iv) in sub-paragraph (3A)–

• (aa) in paragraph (a) before “the Sunday” there shall be inserted “ where sub-paragraph (3)(a) applies, ”;

• (bb) paragraph (b) shall be omitted;

• (v) in sub-paragraph (4)–

• (aa) paragraph (b) shall be omitted;

• (bb) for paragraph (c) there shall be substituted–

(c) in any other case, the member who has been entitled to a carer’s allowance ceased to be entitled to that allowance.

• (4) In Schedule 7 (sums to be disregarded in the calculation of income other than earnings)–

• (a) in paragraph 26 –

• (i) in sub-paragraph (1)(a) after “(permitted allowances)” there shall be inserted “ or paragraph 3 of Schedule 4 to the Adoption and Children Act 2002 ”;

• (ii) after sub-paragraph (1) there shall be inserted–

(1A) Any payment, other than a payment to which sub-paragraph (1)(a) applies, made to the claimant in accordance with regulations made under paragraph 3 of Schedule 4 to the Adoption and Children Act 2002.

• (b) for paragraph 72(1) there shall be substituted–

(72) – (1) Any payment made by a local authority, or by the National Assembly for Wales, to or on behalf of the claimant or his partner relating to a service which is provided to develop or sustain the capacity of the claimant or his partner to live independently in his accommodation.

• (c) after paragraph 72 there shall be inserted the following paragraph–

(73) Any ERA payment.

• (5) In Schedule 8 (capital to be disregarded)–

• (a) in paragraph 42 for the words “under the provisions of Order 80 of the Rules of the Supreme Court, the County Court under Order 10 of the County Court Rules 1981” there shall be substituted “ or the County Court under Rule 21.11(1) of the Civil Procedure Rules 1998 ”;

• (b) in paragraph 43 for the words “Rule 43.15 of the Act of Sederunt (Rules of the Court of Session 1994) 1994 or under Rule 131 of the Act of Sederunt (Rules of the Court, consolidation and amendment) 1965” there shall be substituted “ section 13 of the Children (Scotland) Act 1995 ”;

• (c) for paragraph 59(1) there shall be substituted–

(59) – (1) Any payment made by a local authority, or by the National Assembly for Wales, to or on behalf of the claimant or his partner relating to a service which is provided to develop or sustain the capacity of the claimant or his partner to live independently in his accommodation.

• (d) after paragraph 59 the following paragraphs shall be added–

(60) Any payment made under the Community Care (Direct Payments) Act 1996, regulations made under section 57 of the Health and Social Care Act 2001 or under section 12B of the Social Work (Scotland) Act 1968. (61) Any payment made to the claimant in accordance with regulations made under paragraph 3 of Schedule 4 to the Adoption and Children Act 2002. (62) Any ERA payment but only for a period of 52 weeks from the date of receipt of that payment.

Amendment of the Housing Benefit (General) Regulations 1987

4

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Amendment of the Council Tax Benefit (General) Regulations 1992

5

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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

6

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Signed

Andrew Smith — Secretary of State, — Department for Work and Pensions — 2003-09-07

Explanatory note

(This note is not part of the Regulations)

Footnotes

[^f00001]: 1992 c. 4; section 123(1)(e) was substituted by the Local Government Finance Act 1992 (c. 14), Schedule 9, paragraph 1(1); section 130(2) was amended by paragraph 3 of Schedule 9 to the Local Government Finance Act 1992 (c. 14) and by paragraph 174(4) of Schedule 13 to the Local Government etc. (Scotland) Act 1994 (c. 39); section 137(1) is an interpretation provision and is cited because of the meaning ascribed to the word “prescribed”; section 175(1) and (4) was amended by section 2 of the Social Security Contributions (Transfer of Functions, etc.) Act 1999 (c. 2); section 175(5) was amended by paragraph 36 of Schedule 1 to the Social Security (Incapacity for Work) Act 1994 (c. 18); section 175(6) was amended by paragraph 10 of the Schedule 9 to the Local Government Finance Act 1992.

[^f00002]: 1995 c. 18; section 35(1) is an interpretation provision and is cited because of the meaning ascribed to the words “prescribed” and “regulations”.

[^f00003]: See section 176(1) of the Social Security Administration Act 1992 (c. 5).

[^f00004]: 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 section 170(5) in respect of which regulations must normally be referred to the Committee.

[^f00006]: The definition “employment zone contractor” was inserted by regulation 2 of S.I.2000/724.

[^f00007]: 1973 c. 50 as amended by the Employment Act 1988 (c. 19), the Trade Union Reform and Employment Rights Act 1993 (c. 19) and the Employment Act 1989 (c. 38).

[^f00008]: Paragraph 14ZA was inserted by S.I.1990/1776 and amended by S.I.1991/1559, S.I.1991/2742, S.I.2000/681, S.I.2002/2020 and S.I. 2002/2497.

[^f00009]: Sub-paragraph (1)(a) was substituted by S.I.1992/468 and amended by S.I.2003/455.

[^f00011]: Paragraph 76 was inserted by S.I.2003/511.

[^f00012]: Paragraph 44 was inserted by S.I.1994/2139 and amended by S.I.1997/2197.

[^f00014]: Paragraph 45 was inserted by S.I.1994/2139 and amended by S.I.1997/2197.

[^f00016]: Paragraph 66 was inserted by S.I.2003/511.

[^f00021]: The definition “employment zone contractor” was inserted by regulation 2 of S.I. 2000/724.

[^f00022]: 1973 (c. 50) as amended by the Employment Act 1988 (c. 19), the Trade Union Reform and Employment Rights Act 1993 (c. 19) and the Employment Act 1989 (c. 38).

[^f00023]: Paragraph 17 was amended by S.I.2000/681, S.I.2000/2020 and S.I.2003/511.

[^f00024]: Paragraph 20J was inserted by S.I.2000/1978 and amended by S.I.2002/2020, S.I. 2002/2380 and S.I.2003/511.

[^f00025]: The relevant amending instrument is S.I.1998/563.

[^f00026]: Paragraph 72 was inserted by S.I.2003/511.

[^f00027]: Paragraph 42 was amended by S.I.1997/2197.

[^f00029]: Paragraph 43 was amended by S.I.1997/2197.

[^f00030]: Paragraph 59 was inserted by S.I.2003/511.

[^f00032]: The definition “employment zone contractor” was inserted by regulation 2 of S.I.2000/724.

[^f00033]: 1973 c. 50 as amended by the Employment Act 1988 (c. 19), the Trade Union Reform and Employment Rights Act 1993 (c. 19) and the Employment Act 1989 (c. 38).

[^f00034]: These words were inserted by S.I.2003/363.

[^f00035]: This definition was inserted by S.I.2003/363.

[^f00036]: Paragraph 14ZA was inserted by S.I.1990/1775. The relevant amending instruments are S.I.1991/1599, S.I.1991/2742, S.I.2000/681, S.I.2002/2020 and S.I.2002/2497.

[^f00037]: The relevant amending instrument is S.I.1992/432.

[^f00038]: Paragraph 75 was inserted by S.I.2003/511.

[^f00039]: Paragraph 45 was inserted by S.I.1993/317.

[^f00040]: Paragraph 46 was inserted by S.I.1994/2137 and amended by S.I.1997/2197.

[^f00042]: Paragraph 47 was inserted by S.I.1994/2137 and amended by S.I.1997/2197.

[^f00043]: Paragraph 68 was inserted by S.I.2003/511.

[^f00045]: The definition “employment zone contractor” was inserted by regulation 2 of S.I.2000/724.

[^f00046]: 1973 c. 50. as amended by the Employment Act 1988 (c. 19), the Trade Union Reform and Employment Rights Act 1993 (c. 19) and the Employment Act 1989 (c. 38).

[^f00047]: The relevant amending instruments are S.I.2000/681, S.I.2002/2020 and S.I.2002/2497.

[^f00048]: The relevant amending instrument is S.I.1998/563.

[^f00049]: Paragraph 74 was inserted by S.I.2003/511

[^f00050]: Paragraph 34 was amended by S.I.1996/2432.

[^f00051]: Paragraph 46 was inserted by S.I.1994/2137 and amended by S.I.1997/2197.

[^f00053]: Paragraph 47 was inserted by S.I.1994/2137 and amended by S.I.1997/2197.

[^f00054]: Paragraph 68 was inserted by S.I.2003/511.

Editorial notes

[^c507910]: 1992 c. 4; section 123(1)(e) was substituted by the Local Government Finance Act 1992 (c. 14), Schedule 9, paragraph 1(1); section 130(2) was amended by paragraph 3 of Schedule 9 to the Local Government Finance Act 1992 (c. 14) and by paragraph 174(4) of Schedule 13 to the Local Government etc. (Scotland) Act 1994 (c. 39); section 137(1) is an interpretation provision and is cited because of the meaning ascribed to the word “prescribed”; section 175(1) and (4) was amended by section 2 of the Social Security Contributions (Transfer of Functions, etc.) Act 1999 (c. 2); section 175(5) was amended by paragraph 36 of Schedule 1 to the Social Security (Incapacity for Work) Act 1994 (c. 18); section 175(6) was amended by paragraph 10 of the Schedule 9 to the Local Government Finance Act 1992.

[^c507911]: 1995 c. 18; section 35(1) is an interpretation provision and is cited because of the meaning ascribed to the words “prescribed” and “regulations”.

[^c507912]: See section 176(1) of the Social Security Administration Act 1992 (c. 5).

[^c507913]: 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 section 170(5) in respect of which regulations must normally be referred to the Committee.

[^c507915]: The definition “employment zone contractor” was inserted by regulation 2 of S.I.2000/724.

[^c507916]: 1973 c. 50 as amended by the Employment Act 1988 (c. 19), the Trade Union Reform and Employment Rights Act 1993 (c. 19) and the Employment Act 1989 (c. 38).

[^c507917]: Paragraph 14ZA was inserted by S.I.1990/1776 and amended by S.I.1991/1559, S.I.1991/2742, S.I.2000/681, S.I.2002/2020 and S.I. 2002/2497.

[^c507918]: Sub-paragraph (1)(a) was substituted by S.I.1992/468 and amended by S.I.2003/455.

[^c507920]: Paragraph 76 was inserted by S.I.2003/511.

[^c507921]: Paragraph 44 was inserted by S.I.1994/2139 and amended by S.I.1997/2197.

[^c507923]: Paragraph 45 was inserted by S.I.1994/2139 and amended by S.I.1997/2197.

[^c507925]: Paragraph 66 was inserted by S.I.2003/511.

[^c507930]: The definition “employment zone contractor” was inserted by regulation 2 of S.I. 2000/724.

[^c507931]: 1973 (c. 50) as amended by the Employment Act 1988 (c. 19), the Trade Union Reform and Employment Rights Act 1993 (c. 19) and the Employment Act 1989 (c. 38).

[^c507932]: Paragraph 17 was amended by S.I.2000/681, S.I.2000/2020 and S.I.2003/511.

[^c507933]: Paragraph 20J was inserted by S.I.2000/1978 and amended by S.I.2002/2020, S.I. 2002/2380 and S.I.2003/511.

[^c507934]: The relevant amending instrument is S.I.1998/563.

[^c507935]: Paragraph 72 was inserted by S.I.2003/511.

[^c507936]: Paragraph 42 was amended by S.I.1997/2197.

[^c507938]: Paragraph 43 was amended by S.I.1997/2197.

[^c507939]: Paragraph 59 was inserted by S.I.2003/511.

[^key-b16cf9cf6dc843158590f9987d53022f]: 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-492aa51d8d6216eb18cc749113a640a7]: Reg. 6 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)