These Regulations may be cited as the Social Security (Miscellaneous Amendments) (No. 2) Regulations 1999 and shall come into force on 4th October 1999.
2Amendment of the Income Support (General) Regulations 1987#
(1)The Income Support (General) Regulations 1987 note shall be amended in accordance with the following paragraphs of this regulation.
(2)At the end of regulation 5 note (persons treated as engaged in remunerative work), there shall be added the following paragraphs—“8 Subject to paragraph (9), a person who has not been treated as engaged in remunerative work in accordance with regulation 6(2) as a consequence of his commencing work shall be treated as engaged in remunerative work for the period specified in paragraph (10) where he ceased to be engaged in that work within the period of five weeks beginning on the date on which he commenced it.9 Paragraph (8) shall not apply in the case of a person who is temporarily absent from the work referred to in regulation 6(2)(a).10 A person to whom paragraph (8) applies shall be treated as engaged in remunerative work for the period commencing on the day after the day on which he was last engaged in the work referred to in regulation 6(2)(a) and ending on the day on which the length of that period corresponds with the length of the period in respect of which he had not been treated as engaged in remunerative work in accordance with regulation 6(2).”
(3)Regulation 6 (persons not treated as engaged in remunerative work) shall be renumbered paragraph (1) of regulation 6 and after the renumbered paragraph (1) there shall be added the following paragraphs—“2 A lone parent shall not be treated as engaged in remunerative work for the period specified in paragraph (3) in so far as—a he is engaged in work which—i is remunerative work; andii he is expected to be engaged in for a period of no less than five weeks; andb he had been, for a continuous period of 26 weeks ending on the day before the day on which he commenced the work referred to in sub-paragraph (a)—i entitled to and in receipt of income support or income-based jobseeker’s allowance; andii a lone parent.3 A person referred to in paragraph (2) shall not be treated as engaged in remunerative work for the period of 14 days commencing with the day on which he was first engaged in the work referred to in sub-paragraph (a) of that paragraph.”
(4)In the definition of “part-time employment" in both regulation 29(4D)(a) (calculation of earnings derived from employed earner’s employment) and regulation 35(3)(c) (earnings of employed earners) note, for “6" there shall be substituted “ 6(1) ”.
(5)In regulation 36(2) (calculation of net earnings of employed earners), after “13" there shall be inserted “ , 15A or 15B ”.
(6)In regulation 38(2) (calculation of net profit of self-employed earners), after “13" there shall be inserted “ or 15B ”.
(7)In Schedule 1B note (prescribed categories of person)—
(a)in paragraph 8, for the words “regulation 6(a)" there shall be substituted the words “ regulation 6(1)(a) ”;
(b)in paragraph 9, for the words “regulation 6(g)" there shall be substituted the words “ regulation 6(1)(g) ”.
(8)After sub-paragraph (6) in paragraph 12 of Schedule 2 note (additional condition for the higher pensioner and disability premiums) there shall be added the following sub-paragraph—“7 A person—a to whom regulation 6(2) (persons not treated as engaged in remunerative work) applies; andb whose applicable amount immediately before he was engaged in the work referred to in regulation 6(2)(a), included a premium applicable under paragraph 11(a),shall, for the period specified in regulation 6(3), be treated as having continued to satisfy the additional condition specified in this paragraph for the payment of that premium.”
(9)After paragraph 15A in Schedule 8 note (sums to be disregarded in the calculation of earnings) there shall be inserted the following paragraph—“15B In the case of a person to whom regulation 6(2) (persons not treated as engaged in remunerative work) applies, any earnings which derive from the work referred to in sub-paragraph (a) of that paragraph but only to the extent that they relate to work performed during the period specified in regulation 6(3).”
(10)At the end of Schedule 9 (sums to be disregarded in the calculation of income other than earnings) there shall be added the following paragraph—“70 In the case of a person to whom regulation 6(2) (persons not treated as engaged in remunerative work) applies, any working families tax credit or disabled person’s tax credit to which section 128 or as the case may be 129 of the Contributions and Benefits Act note refers which is paid to that person.”
(11)At the end of Schedule 10 (sums to be disregarded in the calculation of capital) there shall be added the following paragraph—“57 In the case of a person to whom regulation 6(2) (persons not treated as engaged in remunerative work) applies, the amount of any—a back to work bonus payable to that lone parent by way of a jobseeker’s allowance or income support in accordance with section 26 of the Jobseekers Act 1995 note or a corresponding payment under article 28 of the Jobseekers (Northern Ireland) Order 1995 note; orb child maintenance bonus payable to that lone parent by way of a jobseeker’s allowance or income support in accordance with section 10 of the Child Support Act 1995 note or a corresponding payment under article 4 of the Child Support (Northern Ireland) Order 1995 note,which is paid during the period specified in regulation 6(3).”
3Amendment of the Jobseeker’s Allowance Regulations 1996#
At the end of regulation 52 of the Jobseeker’s Allowance Regulations 1996 note (persons treated as engaged in remunerative work), there shall be added the following paragraphs—“4 Subject to paragraph (5), a person who has not been treated as engaged in remunerative work in accordance with regulation 6(2) of the Income Support Regulations (persons not treated as engaged in remunerative work) as a consequence of his commencing work shall be treated as engaged in remunerative work for the period specified in paragraph (6) where he ceased to be engaged in that work within the period of five weeks beginning on the date on which he commenced it.5 Paragraph (4) shall not apply in the case of a person who is temporarily absent from the work referred to in regulation 6(2)(a) of the Income Support Regulations.6 A person to whom paragraph (4) applies shall be treated as engaged in remunerative work for the period commencing on the day after the day on which he was last engaged in the work referred to in regulation 6(2)(a) of the Income Support Regulations and ending on the day on which the length of that period corresponds with the length of the period in respect of which he had not been treated as engaged in remunerative work in accordance with regulation 6(2) of those Regulations.”
4Amendment of the Council Tax Benefit (General) Regulations 1992#
(1)For the purposes of paragraph 5(6) and (7) of Schedule 3 to the Act as amended a person shall, subject to paragraph (4) below, be precluded from regular employment by responsibilities at home, within the meaning of these regulations, in any year falling after that ending with 5th April 1978 throughout which he satisfied any of the conditions specified in paragraph (2) below.
(2)
(a)if the person in question is a woman who has made or is treated as having made an election in accordance with regulations under section 3(2) of the Social Security Pensions Act 1975 and that election had effect at the beginning of that year; or
(i)at the time when they first enter the United Kingdom to take up their posts as members of the staff of the Agency are imported for their personal use or that of members of their families forming part of their households, including articles intended for their establishment, and
(ii)are articles which were in their ownership or possession or that of such members of their families, or which they or such members of their families were under contract to purchase, immediately before they so entered the United Kingdom,
(iii)in a case where the car has been tested in accordance with Article 6(1)(b) and the particulars submitted to the Secretary of State in accordance with Article 6(2)(c) included the particulars specified in paragraph 12.1 of Part III of Schedule 2, in the form set out in Part I of Schedule 5; and
(b)after paragraph (1) there shall be inserted the following paragraphs—“1A Subject to paragraph (2), in the case of a person to whom regulation 6(2) of the Income Support (General) Regulations 1987 (persons not treated as engaged in remunerative work) applies, his housing benefit shall be determined in accordance with Part II of Schedule 5A where—a he was entitled to housing benefit and his benefit period has come to an end—i on either of the grounds specified in paragraph (1)(a); orii in accordance with regulation 67(1)(c) on the ground that he vacated the dwelling of which he was a resident during the period specified in regulation 6(3) of those Regulations; andb the Secretary of State has certified to the appropriate authority—i that regulation 6(2) of those Regulations applies to him;ii the date on which he was first engaged in the work referred to in sub-paragraph (a) of regulation 6(2) of those Regulations; andiii the date on which his entitlement to income support ceased or is expected to cease.1B Any award determined in accordance with paragraph (1A) shall be referred to in these Regulations as an “extended payment".”
(c)that a supplementary allowance under the Supplementary Benefits Act 1976 was payable to him, he being a person who by reason of his being engaged in caring for an elderly or incapacitated person was excepted, under regulation 6 of the Supplementary Benefit (Conditions of Entitlement) Regulations 1980, from the requirement to register for employment as a condition of his right to that allowance.
(i)in sub-paragraph (a), for the words from “during" to the end of the sub-paragraph there shall be substituted the following—“i in a case where the beneficiary is a person to whom regulation 6(2) of the Income Support (General) Regulations 1987 (persons not treated as engaged in remunerative work) applies, during the period beginning on the day immediately following the end of the relevant benefit period and ending on the last day of the benefit week which includes the day—aa which is 4 weeks after the day on which that person was first engaged in the work referred to in sub-paragraph (a) of that paragraph of that regulation; orbb on which that person’s liability for rent ends,whichever shall first occur;ii in any other case, during the 4 weeks immediately following the end of the relevant benefit period; and”
(ii)are articles which were in their ownership or possession or that of such members of their families, or which they or such members of their families were under contract to purchase, immediately before they so entered the United Kingdom,
(3)The benefits referred to in paragraph (2)(b) aboveparagraph (2A) above are an attendance allowance under section 35 of the Act, the care component of disability living allowance at the highest or middle rate prescribed in accordance with section 37ZB(3) of the Act, a constant attendance allowance under any Service Pensions Instrument, Personal Injuries Scheme or 1914–1918 War Injuries Scheme, an increase of disablement pension under section 61 of the Act in respect of constant attendance and any benefit corresponding to such an increase under a Pneumoconiosis and Byssinosis Benefit Scheme or under regulations under section 159(3)(b)(i) of the Act.
(a)if the person in question is a woman who has made or is treated as having made an election in accordance with regulations under section 3(2) of the Social Security Pensions Act 1975 and that election had effect at the beginning of that year; or
(i)at the time when they first enter the United Kingdom to take up their posts as members of the staff of the Agency are imported for their personal use or that of members of their families forming part of their households, including articles intended for their establishment, and
(aa)has an accuracy of plus or minus 1°C when its sensor is measuring a temperature within the range of −25°C to +30°C;
(bb)has a measuring accuracy which does not change by more than plus or minus 0.5°C when it is operating in temperatures within the range of −20°C to +30°C;
(ii)are articles which were in their ownership or possession or that of such members of their families, or which they or such members of their families were under contract to purchase, immediately before they so entered the United Kingdom,
(iii)after sub-paragraph (b) there shall be inserted the following sub-paragraph—“c the Secretary of State has certified the matters specified in regulation 62A(1A)(b) to be the appropriate authority,”
(b)after paragraph (15), there shall be inserted the following paragraph—“15A Where the appropriate authority has invited a person to make a claim for a further grant of council tax benefit pursuant to paragraph (15)(c), it need not invite that person to make a claim for a further grant of that benefit pursuant to paragraph (15)(a).”
(4)Paragraph (1) above shall not apply in relation to any year—
(a)if the person in question is a woman who has made or is treated as having made an election in accordance with regulations under section 3(2) of the Social Security Pensions Act 1975 and that election had effect at the beginning of that year; or
(b)after paragraph (4) there shall be added the following paragraph—“5 For the purposes of paragraph (4), a person shall be treated as having claimed an extended payment where—a he is a person to whom regulation 6(2) of the Income Support (General) Regulations 1987 (persons not treated as engaged in remunerative work) applies; andb the Secretary of State has certified the matters specified in regulation 62A(1A)(b) to the appropriate authority during the period of 14 days commencing on the day on which that person was first engaged in the work referred to in sub-paragraph (a) of regulation 6(2) of those Regulations,and the appropriate day in relation to that person shall be the day on which that person was first engaged in the work referred to in that sub-paragraph of that regulation.”
(5)
(a)if the person in question is a woman who has made or is treated as having made an election in accordance with regulations under section 3(2) of the Social Security Pensions Act 1975 and that election had effect at the beginning of that year; or
(i)at the time when they first enter the United Kingdom to take up their posts as members of the staff of the Agency are imported for their personal use or that of members of their families forming part of their households, including articles intended for their establishment, and
(aa)has an accuracy of plus or minus 1°C when its sensor is measuring a temperature within the range of −25°C to +30°C;
(bb)has a measuring accuracy which does not change by more than plus or minus 0.5°C when it is operating in temperatures within the range of −20°C to +30°C;
(ii)after sub-paragraph (a) there shall be inserted the following sub-paragraph—“aa in the case of a person to whom regulation 6(2) of the Income Support (General) Regulations 1987 (persons not treated as engaged in remunerative work) applies, the matters certified by the Secretary of State pursuant to regulation 53A(1A)(b); and”
(b)after paragraph (4) there shall be added the following paragraph—“5 For the purposes of paragraph (4), a person shall be treated as having claimed an extended payment where—a he is a person to whom regulation 6(2) of the Income Support (General) Regulations 1987 (persons not treated as engaged in remunerative work) applies; andb the Secretary of State has certified the matters specified in regulation 62A(1A)(b) to the appropriate authority during the period of 14 days commencing on the day on which that person was first engaged in the work referred to in sub-paragraph (a) of regulation 6(2) of those Regulations,and the appropriate day in relation to that person shall be the day on which that person was first engaged in the work referred to in that sub-paragraph of that regulation.”
(6)
(a)if the person in question is a woman who has made or is treated as having made an election in accordance with regulations under section 3(2) of the Social Security Pensions Act 1975 and that election had effect at the beginning of that year; or
(i)at the time when they first enter the United Kingdom to take up their posts as members of the staff of the Agency are imported for their personal use or that of members of their families forming part of their households, including articles intended for their establishment, and
(ii)after head (iii) there shall be added the following heads—“iv the claimant’s applicable amount included an amount applicable under paragraph 11 of Schedule 2 to the Income Support (General) Regulations 1987 or, as the case may be, under paragraph 13 of Schedule 1 to the Jobseeker’s Allowance Regulations 1996 (disability premium); orv the claimant was, or was treated as, incapable of work in accordance with Part XIIA of the Contributions and Benefits Act and the regulations made thereunder (incapacity for work);”
(b)
(c)that a supplementary allowance under the Supplementary Benefits Act 1976 was payable to him, he being a person who by reason of his being engaged in caring for an elderly or incapacitated person was excepted, under regulation 6 of the Supplementary Benefit (Conditions of Entitlement) Regulations 1980, from the requirement to register for employment as a condition of his right to that allowance.
(d)relief, under arrangements made by the Commissioners of Customs and Excise, by way of refund of duty (whether of customs or excise) paid on imported hydrocarbon oil (within the meaning of the Hydrocarbon Oil Duties Act 1979) or value added tax paid on the importation of such oil which is bought in the United Kingdom, by him or on his behalf, for his personal use or the use of members of his family forming part of his household, such relief to be subject to compliance with such conditions as may be imposed in accordance with the arrangements;
(i)at the time when they first enter the United Kingdom to take up their posts as members of the staff of the Agency are imported for their personal use or that of members of their families forming part of their households, including articles intended for their establishment, and
(ii)are articles which were in their ownership or possession or that of such members of their families, or which they or such members of their families were under contract to purchase, immediately before they so entered the United Kingdom,
(e)after the renumbered paragraph 12(1) there shall be added the following sub-paragraph—“2 For the purposes of this Schedule (other than Part I), a person shall be treated as having claimed an extended payment where—a he is a person to whom regulation 6(2) of the Income Support (General) Regulations 1987 (persons not treated as engaged in remunerative work) applies; andb the Secretary of State has certified the matters specified in regulation 62A(1A)(b) to the appropriate authority,and the words “claim" and “claimant" shall be construed accordingly.”
5Amendment of the Housing Benefit (General) Regulations 1987#
(1)For the purposes of paragraph 5(6) and (7) of Schedule 3 to the Act as amended a person shall, subject to paragraph (4) below, be precluded from regular employment by responsibilities at home, within the meaning of these regulations, in any year falling after that ending with 5th April 1978 throughout which he satisfied any of the conditions specified in paragraph (2) below.
(2)
(a)if the person in question is a woman who has made or is treated as having made an election in accordance with regulations under section 3(2) of the Social Security Pensions Act 1975 and that election had effect at the beginning of that year; or
(i)at the time when they first enter the United Kingdom to take up their posts as members of the staff of the Agency are imported for their personal use or that of members of their families forming part of their households, including articles intended for their establishment, and
(ii)are articles which were in their ownership or possession or that of such members of their families, or which they or such members of their families were under contract to purchase, immediately before they so entered the United Kingdom,
(iii)in a case where the car has been tested in accordance with Article 6(1)(b) and the particulars submitted to the Secretary of State in accordance with Article 6(2)(c) included the particulars specified in paragraph 12.1 of Part III of Schedule 2, in the form set out in Part I of Schedule 5; and
(b)after paragraph (1) there shall be inserted the following paragraphs—“1A Subject to paragraph (2), in the case of a person to whom regulation 6(2) of the Income Support (General) Regulations 1987 (persons not treated as engaged in remunerative work) applies, his housing benefit shall be determined in accordance with Part II of Schedule 5A where—a he was entitled to housing benefit and his benefit period has come to an end—i on either of the grounds specified in paragraph (1)(a); orii in accordance with regulation 67(1)(c) on the ground that he vacated the dwelling of which he was a resident during the period specified in regulation 6(3) of those Regulations; andb the Secretary of State has certified to the appropriate authority—i that regulation 6(2) of those Regulations applies to him;ii the date on which he was first engaged in the work referred to in sub-paragraph (a) of regulation 6(2) of those Regulations; andiii the date on which his entitlement to income support ceased or is expected to cease.1B Any award determined in accordance with paragraph (1A) shall be referred to in these Regulations as an “extended payment".”
(c)that a supplementary allowance under the Supplementary Benefits Act 1976 was payable to him, he being a person who by reason of his being engaged in caring for an elderly or incapacitated person was excepted, under regulation 6 of the Supplementary Benefit (Conditions of Entitlement) Regulations 1980, from the requirement to register for employment as a condition of his right to that allowance.
(i)in sub-paragraph (a), for the words from “during" to the end of the sub-paragraph there shall be substituted the following—“i in a case where the beneficiary is a person to whom regulation 6(2) of the Income Support (General) Regulations 1987 (persons not treated as engaged in remunerative work) applies, during the period beginning on the day immediately following the end of the relevant benefit period and ending on the last day of the benefit week which includes the day—aa which is 4 weeks after the day on which that person was first engaged in the work referred to in sub-paragraph (a) of that paragraph of that regulation; orbb on which that person’s liability for rent ends,whichever shall first occur;ii in any other case, during the 4 weeks immediately following the end of the relevant benefit period; and”
(ii)are articles which were in their ownership or possession or that of such members of their families, or which they or such members of their families were under contract to purchase, immediately before they so entered the United Kingdom,
(3)The benefits referred to in paragraph (2)(b) aboveparagraph (2A) above are an attendance allowance under section 35 of the Act, the care component of disability living allowance at the highest or middle rate prescribed in accordance with section 37ZB(3) of the Act, a constant attendance allowance under any Service Pensions Instrument, Personal Injuries Scheme or 1914–1918 War Injuries Scheme, an increase of disablement pension under section 61 of the Act in respect of constant attendance and any benefit corresponding to such an increase under a Pneumoconiosis and Byssinosis Benefit Scheme or under regulations under section 159(3)(b)(i) of the Act.
(a)if the person in question is a woman who has made or is treated as having made an election in accordance with regulations under section 3(2) of the Social Security Pensions Act 1975 and that election had effect at the beginning of that year; or
(i)at the time when they first enter the United Kingdom to take up their posts as members of the staff of the Agency are imported for their personal use or that of members of their families forming part of their households, including articles intended for their establishment, and
(aa)has an accuracy of plus or minus 1°C when its sensor is measuring a temperature within the range of −25°C to +30°C;
(bb)has a measuring accuracy which does not change by more than plus or minus 0.5°C when it is operating in temperatures within the range of −20°C to +30°C;
(ii)are articles which were in their ownership or possession or that of such members of their families, or which they or such members of their families were under contract to purchase, immediately before they so entered the United Kingdom,
(iii)after sub-paragraph (b) there shall be inserted the following sub-paragraph—“c the Secretary of State has certified the matters specified in regulation 62A(1A)(b) to be the appropriate authority,”
(b)after paragraph (14), there shall be inserted the following paragraph—“14A Where the appropriate authority has invited a person to make a claim for a further grant of housing benefit pursuant to paragraph (14)(c), it need not invite that person to make a claim for a further grant of that benefit pursuant to paragraph (14)(a).”
(4)Paragraph (1) above shall not apply in relation to any year—
(a)if the person in question is a woman who has made or is treated as having made an election in accordance with regulations under section 3(2) of the Social Security Pensions Act 1975 and that election had effect at the beginning of that year; or
(b)after paragraph (4) there shall be added the following paragraph—“5 For the purposes of paragraph (4), a person shall be treated as having claimed an extended payment where—a he is a person to whom regulation 6(2) of the Income Support (General) Regulations 1987 (persons not treated as engaged in remunerative work) applies; andb the Secretary of State has certified the matters specified in regulation 62A(1A)(b) to the appropriate authority during the period of 14 days commencing on the day on which that person was first engaged in the work referred to in sub-paragraph (a) of regulation 6(2) of those Regulations,and the appropriate day in relation to that person shall be the day on which that person was first engaged in the work referred to in that sub-paragraph of that regulation.”
(5)
(a)if the person in question is a woman who has made or is treated as having made an election in accordance with regulations under section 3(2) of the Social Security Pensions Act 1975 and that election had effect at the beginning of that year; or
(i)at the time when they first enter the United Kingdom to take up their posts as members of the staff of the Agency are imported for their personal use or that of members of their families forming part of their households, including articles intended for their establishment, and
(ii)after head (iii) there shall be added the following heads—“iv the claimant’s applicable amount included an amount applicable under paragraph 11 of Schedule 2 to the Income Support (General) Regulations 1987 or, as the case may be, under paragraph 13 of Schedule 1 to the Jobseeker’s Allowance Regulations 1996 (disability premium); orv the claimant was, or was treated as, incapable of work in accordance with Part XIIA of the Contributions and Benefits Act and the regulations made thereunder (incapacity for work);”
(b)
(i)at the time when they first enter the United Kingdom to take up their posts as members of the staff of the Agency are imported for their personal use or that of members of their families forming part of their households, including articles intended for their establishment, and
(ii)are articles which were in their ownership or possession or that of such members of their families, or which they or such members of their families were under contract to purchase, immediately before they so entered the United Kingdom,
(c)that a supplementary allowance under the Supplementary Benefits Act 1976 was payable to him, he being a person who by reason of his being engaged in caring for an elderly or incapacitated person was excepted, under regulation 6 of the Supplementary Benefit (Conditions of Entitlement) Regulations 1980, from the requirement to register for employment as a condition of his right to that allowance.
(d)relief, under arrangements made by the Commissioners of Customs and Excise, by way of refund of duty (whether of customs or excise) paid on imported hydrocarbon oil (within the meaning of the Hydrocarbon Oil Duties Act 1979) or value added tax paid on the importation of such oil which is bought in the United Kingdom, by him or on his behalf, for his personal use or the use of members of his family forming part of his household, such relief to be subject to compliance with such conditions as may be imposed in accordance with the arrangements;
(i)at the time when they first enter the United Kingdom to take up their posts as members of the staff of the Agency are imported for their personal use or that of members of their families forming part of their households, including articles intended for their establishment, and
(ii)are articles which were in their ownership or possession or that of such members of their families, or which they or such members of their families were under contract to purchase, immediately before they so entered the United Kingdom,
(e)after the renumbered paragraph 12(1) there shall be added the following sub-paragraph—“2 For the purposes of this Schedule (other than Part I), a person shall be treated as having claimed an extended payment where—a he is a person to whom regulation 6(2) of the Income Support (General) Regulations 1987 (persons not treated as engaged in remunerative work) applies; andb the Secretary of State has certified the matters specified in regulation 62A(1A)(b) to the appropriate authority,and the words “claim" and “claimant" shall be construed accordingly.”
6Amendment of the Housing Benefit (Supply of Information) Regulations 1988#
7Amendment of the Social Security (Claims and Payments) Regulations 1987#
At the end of regulation 3 of the Social Security (Claims and Payments) Regulations 1987 note (claims not required for entitlement to benefit in certain cases) there shall be added the following paragraph—“h in the case of income support where the beneficiary—i is a person to whom regulation 6(2) of the Income Support (General) Regulations 1987 (persons not treated as engaged in remunerative work) applies;ii was in receipt of an income-based jobseeker’s allowance on the day before the day on which he was first engaged in the work referred to in sub-paragraph (a) of that paragraph; andiii would satisfy the conditions of entitlement to income support (apart from the condition of making a claim which would apply in the absence of this paragraph) only by virtue of regulation 6(3) of those Regulations.”
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