Statutory Instrument 2000 No. 681

The Social Security (Miscellaneous Amendments) Regulations 2000

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© Crown Copyright 2000

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    (2) Regulation 10 of these Regulations shall come into force immediately before the coming into force of regulations 5, 8 and 9 of the Housing Benefit (General) Amendment (No. 3) Regulations 1999[5].

    (3) Regulation 11 of these Regulations shall come into force immediately before the coming into force of regulation 12 of the Social Security (Payments to Reduce Under-occupation) Regulations 2000[6].

    (4) In these Regulations-

"the Council Tax Benefit Regulations" means the Council Tax Benefit (General) Regulations 1992[7];

"the Housing Benefit Regulations" means the Housing Benefit (General) Regulations 1987[8];

"the Income Support Regulations" means the Income Support (General) Regulations 1987[9];

"the Jobseeker's Allowance Regulations" means the Jobseeker's Allowance Regulations 1996[10].

Remunerative work
     2. In the Income Support Regulations-

(a) in regulation 5(6)[11] (persons treated as engaged in remunerative work), for the words "paragraph (a) to paragraph (k) of regulation 6" there shall be substituted the words "regulation 6(1)";

(b) in regulation 6[12] (persons not treated as engaged in remunerative work)-


(i) sub-paragraphs (a) and (e) to (g) in paragraph (1) shall be omitted;

(ii) in paragraph (1)(j), for the words "paragraph 2(6) of Schedule 8 to the Social Security Act 1989" there shall be substituted the words "section 171F(2) of the Contributions and Benefits Act[13]";

(iii) after paragraph (3) there shall be added the following paragraph-

    " (4) The following persons shall not be treated as engaged in remunerative work-


(a) a person who is mentally or physically disabled and by reason of that disability-


(i) his earnings are reduced to 75 per cent. or less of what a person without that disability and working the same number of hours would reasonably be expected to earn in that employment or in comparable employment in the area; or

(ii) his number of hours of work are 75 per cent. or less of what a person without that disability would reasonably be expected to undertake in that employment or in comparable employment in the area;



(b) subject to regulation 5(4) and (5) (persons treated as engaged in remunerative work), a person to whom section 126 of the Contributions and Benefits Act (trade disputes) applies or in respect of whom section 124(1) of that Act (conditions of entitlement to income support) has effect as modified by section 127(b) of that Act (effect of return to work);

(c) a person to whom paragraph 4 of Schedule 1B applies;

(d) a person who is in employment and who lives in, or is temporarily absent from, a residential care home, a nursing home or residential accommodation, and either-



(i) his, or his partner's, applicable amount falls to be calculated in accordance with Part I of Schedule 4 (applicable amounts of persons in residential care and nursing homes) or, as the case may be, paragraph 9, 10 to 10C, 13, 16 or 18 of Schedule 7 (applicable amounts in special cases); or

(ii) he or his partner satisfies the conditions specified in paragraph 2A(2) of Part I of Schedule 2 (conditions for entitlement to a residential allowance).";



(c) 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)[14], after "6(1)" there shall be inserted the words "and (4)";

(d) in Schedule 1B[15] (prescribed categories of person)-



(i) in paragraph 8, for the words "regulation 6(1)(a)" there shall be substituted the words "regulation 6(4)(a)";

(ii) in paragraph 9, for the words "regulation 6(1)(g)" there shall be substituted the words "regulation 6(4)(d)".

Date on which income is treated as paid
     3.  - (1) In regulation 31 of the Income Support Regulations (date on which income is treated as paid)-

(a) in paragraph (1), after the words "paragraph (2)" there shall be inserted the words "or (3)";

(b) at the end there shall be added the following paragraph-

    " (3) Working families' tax credit under section 128 of the Contributions and Benefits Act and disabled person's tax credit under section 129 of that Act[16] shall be treated as paid on the first day of the benefit week in which the Tuesday following the day on which the award of that tax credit commenced falls.".

    (2) In regulation 96 of the Jobseeker's Allowance Regulations (date on which income is treated as paid)-

(a) in paragraph (1), after the words "paragraph (2)" there shall be inserted the words "or (3)";

(b) at the end there shall be added the following paragraph-

    " (3) Working families' tax credit under section 128 of the Benefits Act and disabled person's tax credit under section 129 of that Act shall be treated as paid on the first day of the benefit week in which the Tuesday following the day on which the award of that tax credit commenced falls.".

Invalid care allowance
     4.  - (1) In paragraph 4(b) of Schedule 1B to the Income Support Regulations (prescribed categories of persons: persons caring for another person), for the words "who is in receipt of" there shall be substituted the words "who is both entitled to, and in receipt of,".

    (2) In Schedule 2 to the Income Support Regulations (applicable amounts)-

(a) in paragraph 13 (severe disability premium)-


(i) for head (iii) of paragraph (a) of sub-paragraph (2)[17] there shall be substituted the following sub-head-


" (iii) no person is entitled to, and in receipt of, an invalid care allowance under section 70 of the Contributions and Benefits Act in respect of caring for him;";



(ii) in paragraph (b) of sub-paragraph (2)-



(aa) at the beginning, for the words "if he" there shall be substituted the words "in the case of a claimant who";

(bb) for the words from "an invalid care allowance" to "to anyone" there shall be substituted the words "a person is entitled to, and in receipt of, an invalid care allowance in respect of caring for only one of the couple or, in the case of a polygamous marriage, for one or more but not all the partners of the marriage or, as the case may be, no person is entitled to, and in receipt of, such an allowance";



(iii) in sub-paragraph (3A)[18]-



(aa) the words "as being in receipt of" shall be omitted;

(bb) at the beginning of head (a) there shall be inserted the words "as being in receipt of";

(cc) for head (b) there shall be substituted the following head-



" (b) as being entitled to and in receipt of an invalid care allowance if he would, but for the person for whom he was caring being a patient in hospital for a period exceeding 28 days, be so entitled and in receipt.";



(b) in paragraph 14ZA[19] (carer premium)-



(i) in sub-paragraph (1), for the words "in receipt of invalid care allowance under section 37 of the Social Security Act" there shall be substituted the words "entitled to an invalid care allowance under section 70 of the Contributions and Benefits Act";

(ii) in sub-paragraph (2), for the words "in receipt of" in the last place where those words occur there shall be substituted the words "entitled to an";

(iii) for sub-paragraphs (3) and (4) there shall be substituted the following sub-paragraphs-

    " (3) Where a carer premium is awarded but the person in respect of whom it has been awarded ceases to be entitled to an invalid care allowance, the condition for the award of the premium shall be treated as satisfied for a period of eight weeks from the date on which-


(a) where sub-paragraph (2) applies, the person in respect of whose care the invalid care allowance has been claimed ceased to be in receipt of the allowances referred to in paragraph (b) of that sub-paragraph;

(b) in any other case, that person ceased to be entitled to an invalid care allowance.



    (4) Where a person who has been entitled to an invalid care allowance ceases to be entitled to that allowance and makes a claim for income support, the condition for the award of the carer premium shall be treated as satisfied for a period of eight weeks from the date on which-



(a) where sub-paragraph (2) applies, the person in respect of whose care the invalid care allowance has been claimed ceased to be in receipt of the allowances referred to in paragraph (b) of that sub-paragraph;

(b) in any other case, that person was last entitled to an invalid care allowance.".

    (3) In Schedule 1 to the Jobseeker's Allowance Regulations (applicable amounts)-

(a) in paragraph 15 (severe disability premium)-


(i) for sub-paragraph (1)(c), there shall be substituted the following-


" (c) no person is entitled to, and in receipt of, an invalid care allowance under section 70 of the Benefits Act in respect of caring for him;";


(ii) in sub-paragraph (2)(d)-


(aa) in head (i), for the words from the beginning to "engaged in" there shall be substituted the words "no person is entitled to, and in receipt of, an invalid care allowance under section 70 of the Benefits Act in respect of";

(bb) in head (ii), for the words "in receipt of" there shall be substituted the words "entitled to";



(iii) in sub-paragraph (5)-



(aa) the words "as being in receipt of" shall be omitted;

(bb) at the beginning of head (a) there shall be inserted the words "as being in receipt of";

(cc) for head (b) there shall be substituted the following head-



" (b) as being entitled to and in receipt of an invalid care allowance if he would, but for the person for whom he was caring being a patient in hospital for a period exceeding 28 days, be so entitled and in receipt.";



(b) in paragraph 17 (carer premium)-



(i) in sub-paragraph (1), for the words "in receipt of" there shall be substituted the words "entitled to";

(ii) in sub-paragraph (2), for the words "in receipt of" in the first place where those words occur there shall be substituted the words "entitled to";

(iii) for sub-paragraphs (3) and (4) there shall be substituted the following sub-paragraphs-

    " (3) Where a carer premium is awarded but the person in respect of whom it has been awarded ceases to be entitled to an invalid care allowance, the condition for the award of the premium shall be treated as satisfied for a period of eight weeks from the date on which-


(a) where sub-paragraph (2) applies, the person in respect of whose care the invalid care allowance has been claimed ceased to be in receipt of the allowances referred to in paragraph (c) of that sub-paragraph;

(b) in any other case, that person ceased to be entitled to an invalid care allowance.



    (4) Where a person who has been entitled to an invalid care allowance ceases to be entitled to that allowance and makes a claim for a jobseeker's allowance, the condition for the award of the carer premium shall be treated as satisfied for a period of eight weeks from the date on which-



(a) where sub-paragraph (2) applies, the person in respect of whose care the invalid care allowance has been claimed ceased to be in receipt of the allowances referred to in paragraph (c) of that sub-paragraph;

(b) in any other case, that person was last entitled to an invalid care allowance.".

    (4) In Schedule 2 to the Housing Benefit Regulations (applicable amounts)-

(a) in paragraph 13 (severe disability premium)-


(i) for head (iii) of paragraph (a) of sub-paragraph (2)[20] there shall be substituted the following sub-head-


" (iii) no person is entitled to, and in receipt of, an invalid care allowance under section 70 of the Contributions and Benefits Act in respect of caring for him;";



(ii) in head (b) of sub-paragraph (2), for the words from "an invalid care allowance" to "to anyone" there shall be substituted the words "a person is entitled to and in receipt of an invalid care allowance in respect of caring for only one of the couple or, in the case of a polygamous marriage, for one or more but not all the partners of the marriage or, as the case may be, no person is entitled to and in receipt of such an allowance";

(iii) in sub-paragraph (3A)[21]-



(aa) the words "as being in receipt of" shall be omitted;

(bb) at the beginning of head (a) there shall be inserted the words "as being in receipt of";

(cc) for head (b) there shall be substituted the following head-



" (b) as being entitled to and in receipt of an invalid care allowance if he would, but for the person for whom he was caring being a patient in hospital for a period exceeding 28 days, be so entitled and in receipt.";



(b) in paragraph 14ZA[22] (carer premium)-



(i) in sub-paragraph (1), for the words "in receipt of invalid care allowance under section 37 of the Social Security Act" there shall be substituted the words "entitled to an invalid care allowance under section 70 of the Contributions and Benefits Act";

(ii) in sub-paragraph (2), for the words "in receipt of" in the last place where those words occur there shall be substituted the words "entitled to an";

(iii) for sub-paragraphs (3) and (4) there shall be substituted the following sub-paragraphs-


" (3) Where a carer premium is awarded but the person in respect of whom it has been awarded ceases to be entitled to an invalid care allowance, the condition for the award of the premium shall be treated as satisfied for a period of eight weeks from the date on which-



(a) where sub-paragraph (2) applies, the person in respect of whose care the invalid care allowance has been claimed ceased to be in receipt of the allowances referred to in paragraph (b) of that sub-paragraph;

(b) in any other case, that person ceased to be entitled to an invalid care allowance.



    (4) Where a person who has been entitled to an invalid care allowance ceases to be entitled to that allowance and makes a claim for housing benefit, the condition for the award of the carer premium shall be treated as satisfied for a period of eight weeks from the date on which-



(a) where sub-paragraph (2) applies, the person in respect of whose care the invalid care allowance has been claimed ceased to be in receipt of the allowances referred to in paragraph (b) of that sub-paragraph;

(b) in any other case, that person was last entitled to an invalid care allowance.".

    (5) In Schedule 1 to the Council Tax Benefit Regulations (applicable amounts)-

(a) in paragraph 14 (severe disability premium)-


(i) for head (iii) of paragraph (a) of sub-paragraph (2) there shall be substituted the following sub-head-


" (iii) no person is entitled to, and in receipt of, an invalid care allowance under section 70 of the Contributions and Benefits Act in respect of caring for him;";



(ii) in head (b) of sub-paragraph (2), for the words from "an invalid care allowance" to "to anyone" there shall be substituted the words "a person is entitled to and in receipt of an invalid care allowance in respect of caring for only one of the couple or, in the case of a polygamous marriage, for one or more but not all the partners of the marriage or, as the case may be, no person is entitled to and in receipt of such an allowance";

(iii) in sub-paragraph (3A)[23]-



(aa) the words "as being in receipt of" shall be omitted;

(bb) at the beginning of head (a) there shall be inserted the words "as being in receipt of";

(cc) for head (b) there shall be substituted the following head-



" (b) as being entitled to and in receipt of an invalid care allowance if he would,";



(b) in paragraph 16 (carer premium)-



(i) in sub-paragraph (1), for the words "in receipt of", there shall be substituted the words "entitled to an";

(ii) in sub-paragraph (2), for the words "in receipt of" in the last place where those words occur there shall be substituted the words "entitled to an";

(iii) for sub-paragraphs (3) and (4) there shall be substituted the following sub-paragraphs-

    " (3) Where a carer premium is awarded but the person in respect of whom it has been awarded ceases to be entitled to an invalid care allowance, the condition for the award of the premium shall be treated as satisfied for a period of eight weeks from the date on which-


(a) where sub-paragraph (2) applies, the person in respect of whose care the invalid care allowance has been claimed ceased to be in receipt of the allowances referred to in paragraph (b) of that sub-paragraph;

(b) in any other case, that person ceased to be entitled to an invalid care allowance.



    (4) Where a person who has been entitled to an invalid care allowance ceases to be entitled to that allowance and makes a claim for council tax benefit, the condition for the award of the carer premium shall be treated as satisfied for a period of eight weeks from the date on which-



(a) where sub-paragraph (2) applies, the person in respect of whose care the invalid care allowance has been claimed ceased to be in receipt of the allowances referred to in paragraph (b) of that sub-paragraph;

(b) in any other case, that person was last entitled to an invalid care allowance.".

Child care charges
     5. In both regulation 21A(2ZC) of the Housing Benefit Regulations and regulation 13A(2ZC) of the Council Tax Benefit Regulations[24] (treatment of child care charges)-

(a) in sub-paragraph (c), the word "or" shall be omitted;

(b) after sub-paragraph (d), there shall be added the following-


     " ; or

(e) by a child care provider approved by an organisation accredited by the Secretary of State under the scheme established by the Tax Credit (New Category of Child Care Provider) Regulations 1999[25].".

Claimants entitled to the disability premium for a past period
     6. In column (1), in paragraph 19 of Schedule 7 to the Income Support Regulations (applicable amounts in special cases: claimants entitled to the disability premium for a past period), in sub-paragraph (a), for "19(2)" there shall be substituted "19(4)".

Disregard of local authority payments
     7. In paragraph 66 of Schedule 9 to the Income Support Regulations[26] (sums to be disregarded in the calculation of income other than earnings), for the words "Parts III and IV of the National Health Service and Community Care Act 1990 refer" there shall be substituted the words "Part III of the National Assistance Act 1948[27] refers or to which the Social Work (Scotland) Act 1968[28] refers".

Eligible rent
     8. After regulation 51(2) of the Housing Benefit Regulations (eligible rent) there shall be inserted the following paragraph-

    " (2A) For the purposes of paragraph (1)(a), the Metropolitan Police District means the district consisting of the areas specified in section 76 of the London Government Act 1963[29] as in force before 1st April 2000.".

Amendment of the Social Security Amendment (Education Maintenance Allowance) Regulations 2000
     9. For regulation 2(4) of the Social Security Amendment (Education Maintenance Allowance) Regulations 2000 there shall be substituted the following paragraph-[30]

    " (4) The paragraphs specified for the purposes of paragraph (3) of this regulation are-


(a) paragraph 60 of Schedule 5 to the Council Tax Benefit Regulations;

(b) paragraph 60 of Schedule 5 to the Housing Benefit Regulations;

(c) paragraph 57 of Schedule 10 to the Income Support Regulations;

(d) paragraph 52 of Schedule 8 to the Jobseeker's Allowance Regulations.".

Amendment of the Housing Benefit (General) Amendment (No. 3) Regulations 1999
     10.  - (1) The Housing Benefit (General) Amendment (No. 3) Regulations 1999[31] shall be amended in accordance with the following paragraphs of this regulation.

    (2) In regulation 5, in so far as it inserts regulation 11(5A) into the Housing Benefit Regulations, for "(5F)" there shall be substituted "(5E)".

    (3) In regulation 8(3)(b)(v), in so far as it inserts head (iii) into the definition of "supported accommodation" in paragraph 7 of Schedule 1 to the Housing Benefit Regulations, for the words "(date on which entitlement is to commence", there shall be substituted the words "(date on which entitlement is to commence)".

    (4) In regulation 9, in so far as it inserts paragraph 2(d)(ii) of Schedule 1B into the Housing Benefit Regulations, for the words from "and that warden" to the end of that paragraph there shall be substituted the words "which it is the practice of the landlord to let for occupation by such persons".

Amendment of the Social Security (Payments to Reduce Under-occupation) Regulations 2000
     11. In paragraph (2)(c) of regulation 12 of the Social Security (Payments to Reduce Under-occupation) Regulations 2000[32] for "1992" there shall be substituted "1987".

Revocations
     12. The following provisions shall be revoked-

(a) paragraph 4(5) and (6) of Schedule 8 and paragraph 12 of Schedule 9 to the Income Support Regulations;

(b) paragraph 5(5) and (6) of Schedule 6 to the Jobseeker's Allowance Regulations;

(c) paragraph 3(5) and (6) of Schedule 3 to both the Housing Benefit Regulations and the Council Tax Benefit Regulations.

Signed by authority of the Secretary of State for Social Security.


Angela Eagle
Parliamentary Under-Secretary of State, Department of Social Security

9th March 2000

[2] 1995 c. 18; section 35(1) is an interpretation provision and is cited because of the meaning ascribed to the words "prescribed" and "regulations".back

[3] See section 176(1) of the Social Security Administration Act 1992 (c. 5).back

[4] See sections 170 and 173(1)(b) of the Social Security Administration Act 1992 (c. 5); paragraph 67 of Schedule 2 to the Jobseekers Act 1995 added that Act to the list of "relevant enactments" in respect of which regulations must normally be referred to the Committee.back

[5] S.I. 1999/2734.back

[6] S.I. 2000/637.back

[7] S.I. 1992/1814.back

[8] S.I. 1987/1971.back

[9] S.I. 1987/1967.back

[10] S.I. 1996/207.back

[11] Regulation 5(6) was added by S.I. 1988/1445 and amended by S.I. 1993/2119.back

[12] Regulation 6 was renumbered regulation 6(1) and paragraphs (2) and (3) were inserted by S.I. 1999/2556; paragraph (1)(f) was substituted by S.I. 1996/206; paragraph (1)(j) was inserted by S.I. 1992/468.back

[13] Section 171F was inserted by the Social Security (Incapacity for Work) Act 1994 (c. 8), section 6(1).back

[14] Regulations 29(4D) and 35(3) were inserted by S.I. 1989/1323. The relevant amending instrument is S.I. 1999/2556.back

[15] Schedule 1B was inserted by S.I. 1996/206. The relevant amending instrument is S.I. 1999/2556.back

[16] References to family credit and disability working allowance in sections 128 and 129 of that Act were substituted respectively with references to working families' tax credit and disabled person's tax credit by section 1(2) of, and paragraph 2(g) and (h) of Schedule 1 to, the Tax Credits Act 1999 (c. 10).back

[17] The relevant amending instrument to paragraph 13(2) is S.I. 1989/1678.back

[18] Paragraph 13(3A) was inserted by S.I. 1988/663 and amended by S.I. 1991/2742.back

[19] Paragraph 14ZA was inserted by S.I. 1990/1776. The relevant amending instruments are S.I. 1991/1559 and 2742.back

[20] The relevant amending instrument to paragraph 13(2) is S.I. 1990/546.back

[21] Paragraph 13(3A) was inserted by S.I. 1996/462.back

[22] Paragraph 14ZA was inserted by S.I. 1990/1775. The relevant amending instruments are S.I. 1991/1599 and 2742.back

[23] Paragraph 14(3A) was inserted by S.I. 1996/462.back

[24] Both regulation 21A and regulation 13A were inserted by S.I. 1994/1924 and paragraph (2ZC) was inserted in both cases by S.I. 1999/920.back

[25] S.I. 1999/3110.back

[26] Paragraph 66 was inserted by S.I. 1998/2117.back

[27] 1948 c. 29.back

[28] 1968 c. 49.back

[29] 1963 c. 33.back

[30] S.I. 2000/55.back

[31] S.I. 1999/2734.back

[32] S.I. 2000/637.back