1 Citation and commencement

These Regulations may be cited as the Social Security (Miscellaneous Amendments) (No 2) Regulations 2002 and shall come into force—

(a)    for the purposes of regulation 3(a), on 28th October 2002;

(b)    for all other purposes, on 14th October 2002.

NOTES
Initial Commencement
Specified date

Specified date: 14 October 2002: see para (b) above.

2 Amendment of the Income Support (General) Regulations 1987

2Amendment of the Income Support (General) Regulations 1987

In the Income Support (General) Regulations 1987—

(a)    after paragraph 11 of Schedule 9 (sums to be disregarded in the calculation of income other than earnings) the following paragraph shall be inserted—

“11A

Any payment made to the claimant by way of a repayment under regulation 11(2) of the Education (Teacher Student Loans) (Repayment etc) Regulations 2002.”;

(b)    in paragraph 7 of Schedule 10 (capital to be disregarded)—

(i)    in sub-paragraph (a) for “, 9 or 9A” there shall be substituted “or 9”;

(ii)    at the beginning there shall be inserted “—(1) Subject to sub-paragraph (2),” and at the end there shall be added the following sub-paragraphs—

“(2)    In a case where the total of any arrears and, if appropriate, any concessionary payment referred to in sub-paragraph (1) relating to any one of the specified payments, benefits or allowances amounts to £5,000 or more (referred to in this sub-paragraph and in sub-paragraph (3) as the “relevant sum”) and is—

(a)    paid in order to rectify, or to compensate for, an official error as defined in regulation 1(3) of the Social Security and Child Support (Decisions and Appeals) Regulations 1999, and

(b)    received by the claimant in full on or after 14th October 2001,

sub-paragraph (1) shall have effect in relation to such arrears or concessionary payment either for a period of 52 weeks from the date of receipt, or, if the relevant sum is received in its entirety during the award of income support, for the remainder of that award if that is a longer period.

(3)    For the purposes of sub-paragraph (2), “the award of income support” means—

(a)    the award either of income support or of an income-based jobseeker's allowance in which the relevant sum (or first part thereof where it is paid in more than one instalment) is received, and

(b)    where that award is followed by one or more further awards which in each case may be either of income support or of an income-based jobseeker's allowance and which, or each of which, begins immediately after the end of the previous award, such further awards until the end of the last such award, provided that for any such further awards the claimant—

(i)    is the person who received the relevant sum, or

(ii)    is the partner of the person who received the relevant sum, or was that person's partner at the date of his death, or

(iii)    in the case of a joint-claim jobseeker's allowance, is a joint-claim couple either member or both members of which received the relevant sum.”.

NOTES
Initial Commencement
Specified date

Specified date: 14 October 2002: see reg 1(b).

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3 Amendment of the Jobseeker's Allowance Regulations 1996

3Amendment of the Jobseeker's Allowance Regulations 1996

In the Jobseeker's Allowance Regulations 1996—

(a)    in sub-paragraph (3A)(a) of paragraph 20J of Schedule 1 (applicable amounts) the words “beginning with” shall be omitted;

(b)    after paragraph 12 of Schedule 7 (sums to be disregarded in the calculation of income other than earnings) the following paragraph shall be inserted—

“12A

Any payment made to the claimant by way of repayment under regulation 11(2) of the Education (Teacher Student Loans) (Repayment etc) Regulations 2002.”;

(c)    in paragraph 12 of Schedule 8 (capital to be disregarded) at the beginning there shall be inserted “—(1) Subject to sub-paragraph (2),” and at the end there shall be added the following sub-paragraphs—

“(2)    In a case where the total of any arrears and, if appropriate, any concessionary payment referred to in sub-paragraph (1) relating to any one of the specified payments, benefits or allowances amounts to £5,000 or more (referred to in this sub-paragraph and in sub-paragraph (3) as the “relevant sum”) and is—

(a)    paid in order to rectify, or to compensate for, an official error as defined in regulation 1(3) of the Social Security and Child Support (Decisions and Appeals) Regulations 1999, and

(b)    received by the claimant in full on or after 14th October 2001,

sub-paragraph (1) shall have effect in relation to such arrears or concessionary payment either for a period of 52 weeks from the date of receipt, or, if the relevant sum is received in its entirety during the award of an income-based jobseeker's allowance, for the remainder of that award if that is a longer period.

(3)    For the purposes of sub-paragraph (2), “the award of an income-based jobseeker's allowance” means—

(a)    the award either of an income-based jobseeker's allowance or of income support in which the relevant sum (or first part thereof where it is paid in more than one instalment) is received, and

(b)    where that award is followed by one or more further awards which in each case may be either of an income-based jobseeker's allowance or of income support and which, or each of which, begins immediately after the end of the previous award, such further awards until the end of the last such award, provided that for any such further awards the claimant—

(i)    is the person who received the relevant sum, or

(ii)    is the partner of the person who received the relevant sum, or was that person's partner at the date of his death, or

(iii)    in the case of a joint-claim jobseeker's allowance, is a joint-claim couple either member or both members of which received the relevant sum.”.

NOTES
Initial Commencement
Specified date

Para (a): Specified date: 28 October 2002: see reg 1(a).

Paras (b), (c): Specified date: 14 October 2002: see reg 1(b).

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4 Amendment of the Housing Benefit (General) Regulations 1987

4Amendment of the Housing Benefit (General) Regulations 1987

In the Housing Benefit (General) Regulations 1987—

(a)    in paragraph 10 of Schedule 4 (sums to be disregarded in the calculation of income other than earnings) the following paragraph shall be inserted—

“10A

Any payment made to the claimant by way of a repayment under regulation 11(2) of the Education (Teacher Student Loans) (Repayment etc) Regulations 2002.”;

(b)    in paragraph 8 of Schedule 5 (capital to be disregarded) at the beginning there shall be inserted “—(1) Subject to sub-paragraph (2),” and at the end there shall be added the following sub-paragraphs—

“(2)    In a case where the total of any arrears and, if appropriate, any concessionary payment referred to in sub-paragraph (1) relating to any one of the specified payments, benefits or allowances amounts to £5,000 or more (referred to in this sub-paragraph and in sub-paragraph (3) as the “relevant sum”) and is—

(a)    paid in order to rectify, or to compensate for, an official error as defined in regulation 1(2) of the Decisions and Appeals Regulations, and

(b)    received by the claimant in full on or after 14th October 2001,

sub-paragraph (1) shall have effect in relation to such arrears or concessionary payment either for a period of 52 weeks from the date of receipt, or, if the relevant sum is received in its entirety during the award of housing benefit, for the remainder of that award if that is a longer period.

(3)    For the purposes of sub-paragraph (2), “the award of housing benefit” means—

(a)    the benefit period in which the relevant sum (or first part thereof where it is paid in more than one instalment) is received, and

(b)    where that period is followed by one or more further benefit periods which, or each of which, begins immediately after the end of the previous benefit period, such further benefit periods until the end of the last such benefit period, provided that for any such further benefit periods the claimant—

(i)    is the person who received the relevant sum, or

(ii)    is the partner of the person who received the relevant sum, or was that person's partner at the date of his death.”.

NOTES
Initial Commencement
Specified date

Specified date: 14 October 2002: see reg 1(b).

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5 Amendment of the Council Tax Benefit (General) Regulations 1992

5Amendment of the Council Tax Benefit (General) Regulations 1992

In the Council Tax Benefit (General) Regulations 1992—

(a)    in paragraph 10 of Schedule 4 (sums to be disregarded in the calculation of income other than earnings) the following paragraph shall be inserted—

“10A

Any payment made to the claimant by way of a repayment under regulation 11(2) of the Education (Teacher Student Loans) (Repayment etc) Regulations 2002.”;

(b)    in paragraph 8 of Schedule 5 (capital to be disregarded) at the beginning there shall be inserted “—(1) Subject to sub-paragraph (2),” and at the end there shall be added the following sub-paragraphs—

“(2)    In a case where the total of any arrears and, if appropriate, any concessionary payment referred to in sub-paragraph (1) relating to any one of the specified payments, benefits or allowances amounts to £5,000 or more (referred to in this sub-paragraph and in sub-paragraph (3) as the “relevant sum”) and is—

(a)    paid in order to rectify, or to compensate for, an official error as defined in regulation 1(2) of the Decisions and Appeals Regulations, and

(b)    received by the claimant in full on or after 14th October 2001,

sub-paragraph (1) shall have effect in relation to such arrears or concessionary payment either for a period of 52 weeks from the date of receipt, or, if the relevant sum is received in its entirety during the award of council tax benefit, for the remainder of that award if that is a longer period.

(3)    For the purposes of sub-paragraph (2), “the award of council tax benefit” means—

(a)    the benefit period in which the relevant sum (or first part thereof where it is paid in more than one instalment) is received, and

(b)    where that period is followed by one or more further benefit periods which, or each of which, begins immediately after the end of the previous benefit period, such further benefit periods until the end of the last such benefit period, provided that for any such further benefit periods the claimant—

(i)    is the person who received the relevant sum, or

(ii)    is the partner of the person who received the relevant sum, or was that person's partner at the date of his death.”.

NOTES
Initial Commencement
Specified date

Specified date: 14 October 2002: see reg 1(b).

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Signature

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

Ian McCartney

Minister of State,

Department for Work and Pensions

17th September 2002

EXPLANATORY NOTE

EXPLANATORY NOTE (This note is not part of the Regulations)

These Regulations amend the Income Support (General) Regulations 1987 (SI 1987/1967), the Jobseeker's Allowance Regulations 1996 (SI 1996/207), the Housing Benefit (General) Regulations 1987 (SI 1987/1971) and the Council Tax Benefit (General) Regulations 1992 (SI 1992/1814) (“the principal Regulations”).

Regulation 3(a) makes a minor amendment to the wording of sub-paragraph (3A)(a) of paragraph 20J of Schedule 1 to the Jobseeker's Allowance Regulations 1996 to clarify the date from which the condition for the award of carer premium shall be treated as satisfied.

Regulations 2(b), 3(c), 4(b) and 5(b) amend the capital disregard provisions of the principal Regulations that apply when ascertaining entitlement to those benefits so that the disregard of specified arrears and concessionary payments will apply for either 52 weeks or, where large payments are made to rectify an official error and are paid during the benefit award, for the remainder of that award (as defined) if that is a longer period. Regulation 2(b)(i) also makes a technical amendment to paragraph 7 of Schedule 10 to the Income Support (General) Regulations 1987.

Regulations 2(a), 3(b), 4(a) and 5(a) make amendments to the principal Regulations to provide that any payment made to a claimant in respect of the repayment of a student loan under regulation 11(2) of the Education (Teacher Student Loans) (Repayment etc) Regulations 2002 (SI 2002/2086) shall be disregarded in the calculation of income.

These Regulations do not impose a charge upon business.

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