(1)These Regulations may be cited as the Social Security (Miscellaneous Amendments) Regulations 2004.
(2)These Regulations shall come into force for the purposes of—
(a)regulations 1 to 6 and 12, on 1st April 2004;
(b)regulation 7, on 5th April 2004;
(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)regulation 8, on 12th April 2004; and
(e)regulation 11, in so far as it relates to a claimant for income support or, as the case may be, a jobseeker’s allowance, on the first day of the first benefit week to commence for that claimant on or after 12th April 2004.
(3)In paragraph (2)(e) “benefit week” has the same meaning as in—
(a)the Income Support (General) Regulations 1987 note, in so far as that paragraph relates to a claimant for income support; and
(b)the Jobseeker’s Allowance Regulations 1996 note, in so far as that paragraph relates to a claimant for a jobseeker’s allowance.
2Amendment of the Income Support (General) Regulations 1987 in relation to income and capital disregards#
(1)The Income Support (General) Regulations 1987 note shall be amended in accordance with this regulation.
(2)In regulation 2(1) (interpretation) omit the definition of “ERA payment”note.
(3)In Schedule 9 (sums to be disregarded in the calculation of income other than earnings)—
(a)for paragraph 13 note substitute the following paragraph—“13 1 Any payment made pursuant to section 2 of the Employment and Training Act 1973 note (functions of the Secretary of State) or section 2 of the Enterprise and New Towns (Scotland) Act 1990 note (functions in relation to training for employment etc.) except a payment—a made as a substitute for income support, a jobseeker’s allowance, incapacity benefit or severe disablement allowance;b of an allowance referred to in section 2(3) of the Employment and Training Act 1973 or section 2(5) of the Enterprise and New Towns (Scotland) Act 1990;c intended to meet the cost of living expenses which relate to any one or more of the items specified in sub-paragraph (2) whilst a claimant is participating in an education, training or other scheme to help him enhance his employment prospects unless the payment is a Career Development Loan note paid pursuant to section 2 of the Employment and Training Act 1973 and the period of education or training or the scheme, which is supported by that loan, has been completed; ord made in respect of the cost of living away from home to the extent that the payment relates to rent for which housing benefit is payable in respect of accommodation which is not normally occupied by the claimant as his home.2 The items specified in this sub-paragraph for the purposes of sub-paragraph (1)(c) are food, ordinary clothing or footwear, household fuel, rent for which housing benefit is payable, or any housing costs to the extent that they are met under regulation 17(1)(e) or 18(1)(f) (housing costs), of the claimant or, where the claimant is a member of a family, any other member of his family, or any council tax or water charges for which that claimant or member is liable.3 For the purposes of this paragraph, “ordinary clothing or footwear” means clothing or footwear for normal daily use, but does not include school uniforms, or clothing or footwear used solely for sporting activities.”
(b)in paragraph 51 note omit from “or in accordance with” to “Act 1973”;
(c)in paragraph 70 note omit from “or any payment” to “Act 1973”;
(a)for paragraph 30 note substitute the following paragraph—“30 Any payment made pursuant to section 2 of the Employment and Training Act 1973 or section 2 of the Enterprise and New Towns (Scotland) Act 1990, but only for the period of 52 weeks beginning on the date of receipt of the payment.”
(b)in paragraph 42 note omit—
(i)“, or a training bonus under section 2 of the Employment and Training Act 1973”; and
3Amendment of the Housing Benefit (General) Regulations 1987 in relation to income and capital disregards#
(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)The conditions referred to in paragraph (1) above are—
(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)for paragraph 11 note substitute the following paragraph—“11 1 Any payment made pursuant to section 2 of the Employment and Training Act 1973 or section 2 of the Enterprise and New Towns (Scotland) Act 1990 except—a a payment made as a substitute for income support, a jobseeker’s allowance, incapacity benefit or severe disablement allowance;b a payment of an allowance referred to in section 2(3) of the Employment and Training Act 1973 or section 2(5) of the Enterprise and New Towns (Scotland) Act 1990;c a payment intended to meet the cost of living expenses which relate to any one or more of the items specified in sub-paragraph (2) whilst a claimant is participating in an education, training or other scheme to help him enhance his employment prospects unless the payment is a Career Development Loan paid pursuant to section 2 of the Employment and Training Act 1973 and the period of education or training or the scheme, which is supported by that loan, has been completed; ord for the purpose only of assessing entitlement to housing benefit in respect of a dwelling other than the one which the claimant normally occupies as his home, a payment made to a person to whom regulation 5(5)(b) note (circumstances in which a person is or is not to be treated as occupying a dwelling as his home) applies to the extent that the payment is made in respect of the cost of living away from home.2 The items specified in this sub-paragraph for the purposes of sub-paragraph (1)(c) are food, ordinary clothing or footwear, household fuel or rent of the claimant or, where the claimant is a member of a family, any other member of his family, or any council tax or water charges for which that claimant or member is liable.3 For the purposes of this paragraph—• “ordinary clothing or footwear” means clothing or footwear for normal daily use, but does not include school uniforms, or clothing or footwear used solely for sporting activities; and• “rent” means eligible rent less any deductions in respect of non-dependants which fall to be made under regulation 63 (non-dependant deductions).”
(b)if the person in question does not furnish such information relevant to the question whether in that year he was, within the meaning of these regulations, precluded from regular employment by responsibilities at home as the Secretary of State may from time to time require.
(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.
(4)Paragraph (1) above shall not apply in relation to any year—
(a)for paragraph 33 note substitute the following paragraph—“33 Any payment made pursuant to section 2 of the Employment and Training Act 1973 or section 2 of the Enterprise and New Towns (Scotland) Act 1990, but only for the period of 52 weeks beginning on the date of receipt of the payment.”
(b)if the person in question does not furnish such information relevant to the question whether in that year he was, within the meaning of these regulations, precluded from regular employment by responsibilities at home as the Secretary of State may from time to time require.
(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.
4Amendment of the Council Tax Benefit (General) Regulations 1992 in relation to income and capital disregards#
(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)The conditions referred to in paragraph (1) above are—
(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)for paragraph 11 note substitute the following paragraph—“11 1 Any payment made pursuant to section 2 of the Employment and Training Act 1973 or section 2 of the Enterprise and New Towns (Scotland) Act 1990 except a payment—a made as a substitute for income support, a jobseeker’s allowance, incapacity benefit or severe disablement allowance;b of an allowance referred to in section 2(3) of the Employment and Training Act 1973 or section 2(5) of the Enterprise and New Towns (Scotland) Act 1990; orc intended to meet the cost of living expenses which relate to any one or more of the items specified in sub-paragraph (2) whilst a claimant is participating in an education, training or other scheme to help him enhance his employment prospects unless the payment is a Career Development Loan paid pursuant to section 2 of the Employment and Training Act 1973 and the period of education or training or the scheme, which is supported by that loan, has been completed.2 The items specified in this sub-paragraph for the purposes of sub-paragraph (1)(c) are food, ordinary clothing or footwear, household fuel or rent of the claimant or, where the claimant is a member of a family, any other member of his family, or any council tax or water charges for which that claimant or member is liable.3 For the purposes of this paragraph, “ordinary clothing or footwear” means clothing or footwear for normal daily use, but does not include school uniforms, or clothing or footwear used solely for sporting activities.”
(b)if the person in question does not furnish such information relevant to the question whether in that year he was, within the meaning of these regulations, precluded from regular employment by responsibilities at home as the Secretary of State may from time to time require.
(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.
(4)Paragraph (1) above shall not apply in relation to any year—
(a)for paragraph 33 note substitute the following paragraph—“33 Any payment made pursuant to section 2 of the Employment and Training Act 1973 or section 2 of the Enterprise and New Towns (Scotland) Act 1990, but only for the period of 52 weeks beginning on the date of receipt of the payment.”
(b)if the person in question does not furnish such information relevant to the question whether in that year he was, within the meaning of these regulations, precluded from regular employment by responsibilities at home as the Secretary of State may from time to time require.
(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.
5Amendment of the Jobseeker’s Allowance Regulations 1996 in relation to income and capital disregards#
(1)The Jobseeker’s Allowance Regulations 1996 note shall be amended in accordance with this regulation.
(2)In regulation 1(3) (interpretation) omit the definition of “ERA payment”note.
(3)In Schedule 7 (sums to be disregarded in the calculation of income other than earnings)—
(a)for paragraph 14 note substitute the following paragraph—“14 1 Any payment made pursuant to section 2 of the Employment and Training Act 1973 or section 2 of the Enterprise and New Towns (Scotland) Act 1990 except a payment—a made as a substitute for income support, a jobseeker’s allowance, incapacity benefit or severe disablement allowance;b of an allowance referred to in section 2(3) of the Employment and Training Act 1973 or section 2(5) of the Enterprise and New Towns (Scotland) Act 1990;c intended to meet the cost of living expenses which relate to any one or more of the items specified in sub-paragraph (2) whilst a claimant is participating in an education, training or other scheme to help him enhance his employment prospects unless the payment is a Career Development Loan paid pursuant to section 2 of the Employment and Training Act 1973 and the period of education or training or the scheme, which is supported by that loan, has been completed; ord made in respect of the cost of living away from home to the extent that the payment relates to rent for which housing benefit is payable in respect of accommodation which is not normally occupied by the claimant as his home.2 The items specified in this sub-paragraph for the purposes of sub-paragraph (1)(c) are food, ordinary clothing or footwear, household fuel, rent for which housing benefit is payable, or any housing costs to the extent that they are met under regulation 83(f) or 84(1)(g) (housing costs), of the claimant or, where the claimant is a member of a family, any other member of his family, or any council tax or water charges for which that claimant or member is liable.3 For the purposes of this paragraph, “ordinary clothing or footwear” means clothing or footwear for normal daily use, but does not include school uniforms, or clothing or footwear used solely for sporting activities.”
(b)in paragraph 50 omit from “or in accordance with” to “Act 1973,”;
(a)for paragraph 32 substitute the following paragraph—“32 Any payment made pursuant to section 2 of the Employment and Training Act 1973 or section 2 of the Enterprise and New Towns (Scotland) Act 1990, but only for the period of 52 weeks beginning on the date of receipt of the payment.”
(b)in paragraph 40 omit—
(i)“, or a training bonus under section 2 of the Employment and Training Act 1973”; and
(3)In Schedule 5A note (applicable amounts of joint-claim couples in special cases) omit paragraph 6 (joint-claim couples and members of polygamous marriages where one member is, or all are, temporarily in local authority accommodation).
7Amendment of the Social Security (Work-focused Interviews for Lone Parents) and Miscellaneous Amendments Regulations 2000#
(1)The Social Security (Work-focused Interviews for Lone Parents) and Miscellaneous Amendments Regulations 2000 note shall be amended in accordance with this regulation.
(2)For sub-paragraph (g) of regulation 1(3) (commencement) substitute the following sub-paragraph—“g subject to the preceding sub-paragraphs, come into force on 5th April 2004 in respect of a lone parent who on that date is entitled to income support and is responsible for and living in the same household as a child.”
8Amendment of the Social Security (Overlapping Benefits) Regulations 1979#
(1)The Social Security (Overlapping Benefits) Regulations 1979 note shall be amended in accordance with this regulation.
(2)In regulation 8(2)(b) and (3) (child benefit) for “£3.50” substitute “ £3.65 ”.
9Amendment of the Housing Benefit (General) Regulations 1987 in relation to working tax credit and child tax credit#
(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)In regulation 4(1) of the Environmental Assessment (Scotland) Regulations 1988 note, for the definition of “special waste" there shall be substituted—““special waste" means waste which is special waste for the purposes of the Special Waste Regulations 1996;”
(3)After paragraph (3) there shall be inserted the following paragraph—“3A In cases where a state scheme premium has become payable by reason of the fact that a contracted-out scheme has ceased to be contracted-out and a person's protected rights are not the subject of approved arrangements under section 44ZA or, having been so subject, have ceased to be so subject, references in paragraph (1)(a) to the date of termination of contracted-out employment shall be read as references to the date on which the Board certify under regulation 18(4) that the protected rights in question are not subject to approved arrangements or have ceased to be so subject.”
(4)In regulation 33 (calculation of income other than earnings) after paragraph (3) insert the following paragraph—“3AA Where an award of any working tax credit or child tax credit under the Tax Credits Act 2002 is subject to a deduction by way of recovery of an overpayment of working tax credit or child tax credit which arose in a previous tax year the amount to be taken into account under paragraph (1) shall be the amount of working tax credit or child tax credit awarded less the amount of that deduction.”
10Amendment of the Council Tax Benefit (General) Regulations 1992 in relation to working tax credit and child tax credit#
(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)In regulation 4(1) of the Environmental Assessment (Scotland) Regulations 1988 note, for the definition of “special waste" there shall be substituted—““special waste" means waste which is special waste for the purposes of the Special Waste Regulations 1996;”
(3)After paragraph (3) there shall be inserted the following paragraph—“3A In cases where a state scheme premium has become payable by reason of the fact that a contracted-out scheme has ceased to be contracted-out and a person's protected rights are not the subject of approved arrangements under section 44ZA or, having been so subject, have ceased to be so subject, references in paragraph (1)(a) to the date of termination of contracted-out employment shall be read as references to the date on which the Board certify under regulation 18(4) that the protected rights in question are not subject to approved arrangements or have ceased to be so subject.”
(4)In regulation 24 (calculation of income other than earnings) after paragraph (3) insert the following paragraph—“3A Where an award of any working tax credit or child tax credit under the Tax Credits Act 2002 is subject to a deduction by way of recovery of an overpayment of working tax credit or child tax credit which arose in a previous tax year the amount to be taken into account under paragraph (1) shall be the amount of working tax credit or child tax credit awarded less the amount of that deduction.”
11Amendment of the Social Security (Working Tax Credit and Child Tax Credit) (Consequential Amendments) Regulations 2003#
(1)The Social Security (Working Tax Credit and Child Tax Credit) (Consequential Amendments) Regulations 2003 note shall be amended in accordance with this regulation.
(2)In regulation 7(6) (income support – transitional arrangements) and regulation 8(5) (jobseeker’s allowance – transitional arrangements) for “£10.45” substitute “ £10.50 ”.
12Amendment of the Children (Leaving Care) Social Security Benefits Regulations 2001#
At the end of paragraph (3) of regulation 2 of the Children (Leaving Care) Social Security Benefits Regulations 2001 note (entitlement to benefits) add the words “provided that he ceased to be so looked after before 1st April 2004”.
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