The Social Security (Miscellaneous Amendments) (No. 3) Regulations 2011

Regulation 28 revokes regulation 3(3) of the Social Security (Contribution Conditions for Jobseeker’s Allowance and Employment and Support Allowance) Regulations 2010 (see also the note on regulation 23(3)).

Regulation 29 amends the Jobseeker’s Allowance (Employment, Skills and Enterprise Scheme) Regulations 2011 to make clear that in circumstances where a claimant can bring a sanction under those regulations to an end sooner by re-complying with conditionality requirements, re-compliance can take place before, at the same time as, or after the determination that the claimant has failed to participate in the scheme.

A full impact assessment has not been published for this instrument as it has no impact on the private sector or civil society organisations.

Footnotes

[^f00001]: 1992 c. 4. Section 90 was repealed but continued with savings by virtue of article 4 of S.I. 2000/2958. The remaining provisions of section 90 (in relation to carer’s allowance) were repealed on 6th April 2010 with savings by section 15 of the Welfare Reform Act 2009 (c. 24). Section 136A was inserted by paragraph 3 of Schedule 2 to the State Pension Credit Act 2002 (c.16). Sections 137(1) and 138(4) are interpretation provisions and are cited because of the meaning given to the word “prescribed”. Section 175(1) and (4) has been amended, but not in a way material to these Regulations.

[^f00002]: 1992 c. 5. Section 2A was inserted by section 57 of the Welfare Reform and Pensions Act 1999 (c.30). Section 2AA was inserted by section 49 of the Employment Act 2002 (c.22). Section 189(1) and (4) was amended by section 86(1) and (2) of, and paragraph 109 of Schedule 7 and Schedule 8 to, the Social Security Act 1998 (c.14). Section 189(1) was also amended by paragraph 57(1) and (2) of Schedule 3 to the Social Security Contributions (Transfer of Functions, etc.) Act 1999 (c. 2) and Schedule 6 to the Tax Credits Act 2002 (c. 21). Section 191 is an interpretation provision and is cited because of the meaning given to the word “prescribe”.

[^f00003]: 1995 c. 18. Section 35(1) is an interpretation provision and is cited because of the meaning given to the words “prescribed” and “regulations”. Paragraph 8A of Schedule 1 was inserted by section 59 of the Welfare Reform and Pensions Act 1999.

[^f00004]: 1997 c. 27. Section 29 is cited because of the meaning given to the words “prescribed” and “regulations”.

[^f00005]: 1998 c. 14. Section 84 is cited because of the meaning given to the word “prescribed”.

[^f00006]: 2002 c. 16. Section 17(1) is an interpretation provision and is cited because of the meaning given to the word “prescribed”.

[^f00007]: 2007 c. 5. Section 24(1) is an interpretation provision and is cited because of the meaning given to the words “prescribed” and “regulations”.

[^f00008]: See section 176(1) of the Social Security Administration Act 1992.

[^f00009]: S.I. 1995/311. Regulation 6(1)(b) was amended and substituted by regulation 2 of S.I 1999/3109.

[^f00010]: S.I. 2008/794.

[^f00011]: 1998 c. 29.

[^f00012]: S.I. 1977/343.

[^f00013]: Paragraph 6 has been amended but not in a way material to these Regulations.

[^f00014]: Section 49 of the Social Security Act 1975 (c. 14) was repealed, along with the rest of that Act, by the Social Security (Consequential Provisions) Act 1992 (c. 6), section 3 and Schedule 1. It was substantively re-enacted in respect of increases for adult dependants by section 90 of the Social Security Contributions and Benefits Act 1992. Section 90 was repealed but continued with savings by virtue of article 4 of S.I. 2000/2958. The remaining provisions of section 90 (in relation to carer’s allowance) were repealed on 6th April 2010 with savings by section 15 of the Welfare Reform Act 2009 (c. 24).

[^f00015]: Paragraph 7 has been amended but not in a way material to these Regulations.

[^f00016]: S.I. 1982/894. Regulation 2 was amended by regulation 2 of S.I. 2006/799.

[^f00017]: 1984 c. 22.

[^f00018]: Part 2A was inserted by section 129 of the Health and Social Care Act 2008 (c. 14).

[^f00019]: S.I. 1979/1434.

[^f00020]: S.I. 1979/1435. Regulation 9 has been amended but not in a way material to these Regulations.

[^f00021]: 2008 asp 5.

[^f00022]: S.I. 1987/1967.

[^f00023]: The definition of “the Skipton Fund” was inserted by regulation 2 of S.I. 2004/1141.

[^f00024]: Regulation 21AA was inserted by regulation 6(3) of S.I. 1026/2006 and paragraph (4)(f) was substituted by regulation 2 of S.I. 2006/3341.

[^f00025]: Paragraph (4ZA) was inserted by regulation 2(2) of S.I. 1998/2117.

[^f00026]: Paragraph (3A) was inserted by regulation 3(2) and (3)(c) of S.I. 1998/2117.

[^f00027]: Paragraph 13A was inserted by regulation 2(c)(ii) of S.I. 2000/2629. Sub-paragraph (1A) was inserted by regulation 3(5)(a) of S.I. 2011/674.

[^f00028]: S.I. 1987/1968. Paragraph 1 was amended by S.I. 1996/1460, S.I. 1996/2344 and S.I. 2008/1554 and by other instruments, but not in a way material to these Regulations.

[^f00029]: Regulation 7 was amended by regulation 2(3) of S.I 1999/3109.

[^f00030]: Regulation 11 was substituted by regulation 12(2) of S.I. 2006/2378.

[^f00031]: 1984 c. 22.

[^f00032]: Part 2A was inserted by section 129 of the Health and Social Care Act 2008 (c. 14).

[^f00033]: S.I. 1979/1434.

[^f00034]: S.I. 1979/1435. Regulation 9 has been amended but not in a way material to these Regulations.

[^f00035]: 2008 asp 5.

[^f00036]: S.I. 1996/207.

[^f00037]: The definition of “care home” was inserted by regulation 3 and paragraph 2 of Schedule 2 to S.I. 2005/2687.

[^f00038]: The definition of “the Skipton Fund” was inserted by regulation 2 of S.I. 2004/1141.

[^f00039]: Regulation 57(1) was amended by regulation 5(a) of S.I. 2001/652 and by regulation 2 of S.I. 2010/1939 and in other ways not material to these regulations.

[^f00040]: Regulation 61(1) was amended by regulation 2(1), and (5) and paragraph 19(a) of Schedule 2 to S.I. 2000/1978 and regulation 5(b) of S.I. 2001/652 and in other ways not material to these regulations.

[^f00041]: Regulation 62 was amended by regulation 2(1) and (5) of, and paragraph 20 of Schedule 2 to, S.I. 2000/1978 and regulation 5(b) of S.I. 2001/652.

[^f00042]: Regulation 85A was inserted by regulation 7(3) of S.I. 1026/2006 and paragraph (4)(f) was substituted by regulation 3 of S.I. 2006/3341.

[^f00043]: Regulation 105 has been amended but not in a way material to these Regulations.

[^f00044]: Paragraph (10A) was inserted by regulation 2(1) of S.I. 1998/2117.

[^f00045]: Paragraph (3A) was inserted by regulation 3(1) of S.I. 1998/2117.

[^f00046]: Paragraph 27(1) was amended by regulation 3 of S.I. 2004/1141 and has been amended by other instruments not material to these Regulations.

[^f00047]: Paragraph 6A was inserted by regulation 3 of S.I. 2008/1554.

[^f00048]: Schedule A1 was inserted by regulation 2 of S.I. 2000/1978.

[^f00049]: S.I. 1976/615.

[^f00050]: Paragraph 15A was inserted by regulation 5(c)(ii) of S.I. 2000/2629. Sub-paragraph (1A) was inserted by regulation 7(6)(a) of S.I. 2011/674.

[^f00051]: Sub-paragraph (4A) was inserted by regulation 13(2) of S.I. 1997/2863 and has been amended by other instruments not material to these Regulations.

[^f00052]: Sub-paragraph (14) was inserted, with sub-paragraphs (13) and (15), by regulation 12(b)(iii) of S.I. 2001/488. It has been amended by other instruments not material to these Regulations.

[^f00053]: S.I. 1997/2205.

[^f00054]: Sub-paragraph (l) was inserted by regulation 5 of S.I. 2010/641.

[^f00055]: S.I. 1999/991.

[^f00056]: Paragraph (5C) was inserted by regulation 31(4) of S.I. 2008/1554.

[^f00057]: Regulation 3(5D) was inserted originally by regulation 31(4) of S.I. 2008/1554 and revoked by regulation 3(2)(a) of S.I. 2009/1490.

[^f00058]: Paragraph (5F) was inserted by regulation 7(2) of S.I. 2010/840.

[^f00059]: S.I. 2010/1907, as amended by S.I. 2010/2430.

[^f00060]: S.I. 2000/1926.

[^f00061]: Regulation 2ZA was inserted by S.I. 2008/3051, regulation 5(1) and (3), and amended by regulation 7 of S.I. 2008/.3051.

[^f00062]: S.I. 2002/1703.

[^f00063]: Regulation 2(1) was amended by article 5, and paragraph 45 of Schedule 3 to S.I. 2010/1172 and in other ways not material to these Regulations.

[^f00064]: Regulation 4A was inserted by regulation 8(1) and (3) of S.I. 2008/3051.

[^f00065]: Regulation 12 was amended by regulation 2 of S.I. 2005/2727 and regulation 8 of S.I. 2008/3051.

[^f00066]: S.I. 2002/1792.

[^f00067]: The definition of “care home service” was inserted by regulation 2 and paragraph 1 of the Schedule to S.I. 2002/3197.

[^f00068]: The definition of “the Skipton Fund” was inserted by regulation 2 of S.I. 2004/1141.

[^f00069]: 2001 c. 15; section 57 was amended by the Health and Social Care Act 2008 (c. 14), section 146(1) to (7). In relation to Wales it was amended by the Social Care Charges (Wales) Measure 2010 (2010 nawm 2), section 16.

[^f00070]: 1968 c.49; section 12B was inserted by the Community Care (Direct Payments) Act 1996 (c. 30), section 4; it was amended by the Regulation of Care (Scotland) Act 2001 (2002 asp 8), section 70; the Community Care and Health (Scotland) Act 2002 (2002 asp 5), section 7 and Schedule 2, paragraph 1(2); and the Adult Support and Protection (Scotland) Act 2007 (2007 asp 10), section 63.

[^f00071]: 2006 c. 41; sections 12A to 12C were inserted by the Health Act 2009 (c. 21), section 11.

[^f00072]: S.I. 2003/1886.

[^f00073]: S.I. 2004/1232. These Regulations were partially revoked by S.I. 2006/217 but the transitional arrangements and savings in regulation 6 continued in force (with the exception of paragraph (2)(a)) following the partial revocation of the instrument of S.I. 2006/217. S.I. 2004/1232 was then revoked by S.I. 2006/1026 but those transitional arrangements and savings continue in force by virtue of regulation 11(2)(b) of S.I. 2006/1026.

[^f00074]: S.I. 2008/794.

[^f00075]: S.I. 2005/3061 as amended by regulation 8 of S.I. 2005/3391 and regulation 7 of S.I. 2010/641.

[^f00076]: S.I. 2006/213.

[^f00077]: Paragraph (3B) was inserted, along with paragraph (3A), by regulation 4(2) of S.I. 2006/1026. Sub-paragraph (f) was substituted by regulation 5 of S.I. 2006/3341.

[^f00078]: Sub-paragraph (1) was amended by article 20(7) of S.I. 2011/821 and sub-paragraph (2) was substituted by regulation 2(8)(a) of S.I. 2010/2449.

[^f00079]: Sub-paragraph (2) was substituted by regulation 2(8)(a) of S.I. 2010/2449.

[^f00080]: Paragraph 15(1A) was inserted by regulation 12(2)(a) of S.I. 2011/674.

[^f00081]: S.I. 2006/214.

[^f00082]: The definition of “person who requires overnight care” was inserted by regulation 3(2) of S.I. 2010/2835.

[^f00083]: Paragraph (4A) was inserted by regulation 5(2)(a) of S.I. 2006/1026. Sub-paragraph (f) was substituted by regulation 6 of S.I. 2006/3341.

[^f00084]: Regulation 22 was amended by regulation 2(3) of S.I. 2005/2502 (as amended by S.I. 2006/217) and regulation 4(4) of S.I. 2008/1042.

[^f00085]: Paragraph (4) was substituted by regulation 3(8)(b) of S.I. 2010/2835.

[^f00086]: Sub-paragraph (2) was substituted by regulation 3(8) of S.I. 2010/2449.

[^f00087]: Paragraph 7(2) was inserted by regulation 13(2)(c) of S.I. 2011/674.

[^f00088]: Paragraph 26C was inserted by regulation 7 of S.I. 2009/583.

[^f00089]: 2001 c. 15; section 57 was amended by the Health and Social Care Act 2008 (c. 14), section 146(1) to (7). In relation to Wales it was amended by the Social Care Charges (Wales) Measure 2010 (2010 nawm 2), section 16.

[^f00090]: 1968 c.49; section 12B was inserted by the Community Care (Direct Payments) Act 1996 (c. 30), section 4; it was amended by the Regulation of Care (Scotland) Act 2001 (2002 asp 8), section 70; the Community Care and Health (Scotland) Act 2002 (2002 asp 5), section 7 and Schedule 2, paragraph 1(2); and the Adult Support and Protection (Scotland) Act 2007 (2007 asp 10), section 63.

[^f00091]: 2006 c. 41; sections 12A to 12C were inserted by the Health Act 2009 (c. 21), section 11.

[^f00092]: S.I. 2006/215.

[^f00093]: Paragraph (4A) was inserted by regulation 2(2)(a) of S.I. 2006/1026. Sub-paragraph (f) was substituted by regulation 7 of S.I. 2006/3341.

[^f00094]: Regulation 32 has been amended by other instruments not material to these Regulations.

[^f00095]: Sub-paragraph (1) was amended by article 22(5) of S.I. 2011/821 and sub-paragraph (2) was substituted by regulation 4(5)(a) of S.I. 2010/2449.

[^f00096]: Sub-paragraph (2) was substituted by regulation 4(5)(a) of S.I. 2010/2449.

[^f00097]: Paragraph 15(1A) was inserted by regulation 14(2)(a) of S.I. 2011/674.

[^f00098]: S.I. 2006/216.

[^f00099]: Paragraph (4A) was inserted by regulation 3(2)(a) of S.I. 2006/1026. Sub-paragraph (f) was substituted by regulation 8 of S.I. 2006/3341.

[^f00100]: Regulation 12 was amended by regulation 3(3) of S.I. 2005/2502 (as amended by S.I. 2006/217).

[^f00101]: Sub-paragraph (2) was substituted by regulation 5(7) of S.I. 2010/2449.

[^f00102]: Paragraph 7(2) was inserted by regulation 15(2)(c) of S.I. 2011/674.

[^f00103]: Paragraph 26C was inserted by regulation 7 of S.I. 2005/2677 and was renumbered by S.I. 2009/2608.

[^f00104]: 2001 c. 15; section 57 was amended by the Health and Social Care Act 2008 (c. 14), section 146(1) to (7). In relation to Wales it was amended by the Social Care Charges (Wales) Measure 2010 (2010 nawm 2), section 16.

[^f00105]: 1968 c.49; section 12B was inserted by the Community Care (Direct Payments) Act 1996 (c. 30), section 4; it was amended by the Regulation of Care (Scotland) Act 2001 (2002 asp 8), section 70; the Community Care and Health (Scotland) Act 2002 (2002 asp 5), section 7 and Schedule 2, paragraph 1(2); and the Adult Support and Protection (Scotland) Act 2007 (2007 asp 10), section 63.

[^f00106]: 2006 c. 41; sections 12A to 12C were inserted by the Health Act 2009 (c. 21), section 11.

[^f00107]: 1984 c. 22.

[^f00108]: Part 2A was inserted by section 129 of the Health and Social Care Act 2008 (c. 14).

[^f00109]: S.I. 1979/1434.

[^f00110]: S.I. 1979/1435. Regulation 9 has been amended but not in a way material to these Regulations.

[^f00111]: 2008 asp 5.

[^f00112]: Regulation 70 has been amended but not in a way material to these Regulations.

[^f00113]: Regulation 107 was amended by regulation 1(2) of S.I. 2008/2428 and regulation 11(9) of S.I. 2009/2655.

[^f00114]: Regulation 112(8) was amended by regulation 8(5) of S.I. 2008/2428.

[^f00115]: Regulation 147A was inserted by regulation 9(15) of S.I. 2010/840.

[^f00116]: S.I. 1999/991. Regulation 33(10) was inserted by S.I 2000/1596, but then substituted entirely by S.I 2002/1379 and then amended by S.I 2008/2683.

[^f00117]: Regulation 148 was amended by regulation 21 of S.I. 2010/2430.

[^f00118]: Paragraph 15 has been amended but not in a way material to these Regulations.

[^f00119]: S.I. 2008/1596.

[^f00120]: Sub-paragraph (i) was inserted by regulation 13 of S.I. 2010/641.

[^f00121]: S.I. 2008/2928.

[^f00122]: S.I. 2008/3195.

[^f00123]: S.I. 2010/1907, as amended by S.I. 2010/2430.

[^f00124]: Regulation 17 was amended by regulation 9 of S.I. 2010/2430.

[^f00125]: Paragraph 15 was amended by regulation 17(6) and (7) of S.I. 2010/2430.

[^f00126]: Regulation 33(10) was inserted by S.I 2000/1596, substituted by S.I 2002/1379 and then amended by S.I 2008/2683.

[^f00127]: The transitional arrangements and savings in regulation 6 continue in force (with the exception of paragraph (2)(a)) following the partial revocation of the instrument by S.I. 2006/217. S.I. 2004/1232 was then revoked by S.I. 2006/1026 but those transitional arrangements and savings continue in force by virtue of regulation 11(2)(b) of S.I. 2006/1026.

[^f00128]: S.I. 2010/2446.

[^f00129]: S.I. 2011/917.