The Social Security (Young Persons) Amendment Regulations 2006

Statutory Instrument 2006 No. 718

The Social Security (Young Persons) Amendment Regulations 2006

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STATUTORY INSTRUMENTS

2006 No. 718

SOCIAL SECURITY

The Social Security (Young Persons) Amendment Regulations 2006

	Made	13th March 2006
	Laid before Parliament	20th March 2006
	Coming into force in accordance with regulation 1(2)

Citation and commencement

—(1) These Regulations may be cited as the Social Security (Young Persons) Amendment Regulations 2006.

(2) These Regulations shall come into force—

(a) except for the purposes of the regulations listed in sub-paragraph (b), on 10th April 2006, and

(b) for the purposes of regulations 2(8), 3(10), 4(4) and 5(4) on 10th April 2006 immediately after article 16(3) of the Social Security Benefits Up-rating Order 2006[

Amendment of the Income Support (General) Regulations 1987
2. —(1) The Income Support (General) Regulations 1987[7] shall be amended in accordance with the provisions of this regulation.

(2) For regulation 12 (relevant education)[8], there shall be substituted—

12.

(3) In regulation 13(2) (circumstances in which persons in relevant education are to be entitled to income support)[10]—

(4) In regulation 14 (persons of a prescribed description)[12]—

    (5) In regulation 54 (interpretation for liable relatives) in the definition of "young claimant", for "19" there shall be substituted "20".

    (6) In regulation 61(1) (interpretation for students)[13] in the definition of "full-time student", for "means a person," there shall be substituted "means a person who is not a qualifying young person or child within the meaning of section 142 of the Contributions and Benefits Act (child and qualifying young person) and".

    (7) In Schedule 1B (prescribed categories of person)[14]—

Persons engaged in training

    (8) In Schedule 2 paragraph 2(1) (applicable amounts)[15], in paragraph (b) of column (1) of the table for "nineteenth" there shall be substituted "twentieth".

    (9) In Schedule 10 (capital to be disregarded), in paragraph 64(2)(c)(ii)(bb) and (4)(c)(ii)(bb)[16] for "19" there shall be substituted "20".

Amendment of the Jobseeker's Allowance Regulations 1996
     3. —(1) The Jobseeker's Allowance Regulations 1996[17] shall be amended in accordance with the provisions of this regulation.

    (2) In regulation 1(3) (citation, commencement and interpretation) in the opening words of the definition of "full-time student", after "training allowance" there shall be inserted "or a person who is a qualifying young person or child within the meaning of section 142 of the Benefits Act (child and qualifying young person)".

    (3) In regulation 3C(1)(c) (entitlement of a new joint-claim couple to a jobseeker's allowance)[18], for the words after "16 and are" there shall be substituted "not qualifying young persons within the meaning of section 142 of the Benefits Act (child and qualifying young person)".

    (4) For regulation 54(2) (relevant education), there shall be substituted—

(5) In regulation 57 (interpretation of Part IV), for the definition of "child benefit extension period" there shall be substituted—

(6) In regulation 76 (persons of a prescribed description)—

    (7) In regulation 117 (interpretation for liable relatives) in the definition of "young claimant", for "19" there shall be substituted "20".

    (8) In regulation 170(1) (persons in receipt of a training allowance)[20], after "within paragraph (2)" there shall be inserted "and is not a qualifying young person or child within the meaning of section 142 of the Benefits Act (child and qualifying young person)".

    (9) In Schedule A1 (categories of members of a joint-claim couple who are not required to satisfy the conditions in section 1(2B)(b))[21]—

    (10) In Schedule 1 paragraph 2(1) (applicable amounts)[22], in paragraph (b) of column (1) of the table for "nineteenth" there shall be substituted "twentieth".

    (11) In Schedule 8 (capital to be disregarded), in paragraph 57(2)(c)(ii)(bb) and (4)(c)(ii)(bb)[23] for "19" there shall be substituted "20".

Amendments in relation to Housing Benefit
     4. —(1) The Housing Benefit Regulations 2006[24] (referred to in this regulation as "the Housing Benefit Regulations") and the Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 2006[25] (referred to in this regulation as "the Housing Benefit (SPC) Regulations") shall be amended in accordance with the provisions of this regulation.

    (2) In regulation 19 of the Housing Benefit Regulations and the Housing Benefit (SPC) Regulations (persons of prescribed description)—

(3) For regulation 56(2)(h) of the Housing Benefit Regulations (full-time students to be treated as not liable to make payments in respect of a dwelling), there shall be substituted—

    (4) In Schedule 3 paragraph 2(1) of the Housing Benefit Regulations and the Housing Benefit (SPC) Regulations (applicable amounts), in paragraph (b) of column (1) of the table for "nineteenth" there shall be substituted "twentieth".

    (5) In Schedule 6 of the Housing Benefit Regulations (capital to be disregarded), in paragraph 55(2)(c)(ii)(bb) and (4)(c)(ii)(bb) for "19" there shall be substituted "20".

Amendment in relation to Council Tax Benefit
     5. —(1) The Council Tax Benefit Regulations 2006[a] [26] (referred to in this regulation as "the Council Tax Benefit Regulations") and the Council Tax Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 2006[b] [27] (referred to in this regulation as "the Council Tax Benefit (SPC) Regulations") shall be amended in accordance with the provisions of this regulation.

    (2) In regulation 9 of the Council Tax Benefit Regulations and the Council Tax Benefit (SPC) Regulations (persons of prescribed description for the definition of family in section 137(1) of the Act)—

(3) For regulation 45(3)(h) of the Council Tax Benefit Regulations (students who are excluded from entitlement to council tax benefit), there shall be substituted—

    (4) In Schedule 1 paragraph 2(1) of the Council Tax Benefit Regulations and the Council Tax Benefit (SPC) Regulations (applicable amounts), in paragraph (b) of column (1) of the table for "nineteenth" there shall be substituted "twentieth".

    (5) In Schedule 5 of the Council Tax Benefit Regulations (capital to be disregarded), in paragraph 57(2)(c)(ii)(bb) and (4)(c)(ii)(bb) for "19" in both places it appears there shall be substituted "20".

Amendment of the State Pension Credit Regulations 2002
     6. —(1) The State Pension Credit Regulations 2002[28] shall be amended in accordance with the provisions of this regulation.

    (2) In regulation 3(4)(a) (persons temporarily absent from Great Britain), for "has not attained the age of 19, is treated as a child for the purposes of" there shall be substituted "is a child or qualifying young person within the meaning of".

    (3) In paragraph 2(2)(f) of Schedule I (circumstances in which persons are treated as being or not being severely disabled), for "treated as a" there shall be substituted "a qualifying young person or".

    (4) In Schedule II (housing costs)[29], for "19" there shall be substituted "20" in all of the following places—

(5) In Schedule V (income from capital)—

(6) In Schedule VI (sums disregarded from claimant's earnings), in paragraph 1(2)(b) for "treated as" there shall be substituted "who is a qualifying young person or".

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

James Plaskitt
Parliamentary Under-Secretary of State, Department for Work and Pensions

13th March 2006

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations amend the Income Support (General) Regulations 1987 (S.I. 1987/1967), the Jobseeker's Allowance Regulations 1996 (S.I. 1996/207), the Housing Benefit Regulations 2006 (S.I. 2006/213), the Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 2006 (S.I. 2006/214), the Council Tax Benefit Regulations 2006 (S.I. 2006/215), the Council Tax Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 2006 (S.I. 2006/216) and the State Pension Credit Regulations 2002 (S.I. 2002/1792).

The Child Benefit Act 2005 (c.6) and the Child Benefit (General) Regulations 2006 (S.I. 2006/223) change the entitlement conditions to child benefit, in particular the conditions relating to the person's age and the education or training they are doing. The changes made to social security legislation by these Regulations are mainly consequential to those changes (in order to maintain the interrelationship between child benefit and social security benefits).

Regulation 2 amends the Income Support (General) Regulations 1987. Regulation 2(2) amends the circumstances in which a person is treated as receiving relevant education. Regulation 2(3)(b) amends the circumstances in which a disabled person receiving relevant education can be entitled to income support. Regulation 2(4) amends the definition of "young person" and regulation 2(6) amends the definition of "full-time student". Regulation 2(7) amends the circumstances in which a person can be entitled to income support by virtue of being engaged in training.

Regulation 3 amends the Jobseeker's Allowance Regulations 1996. Regulation 3(2) amends the definition of "full-time student", regulation 3(5) amends the definition of "child benefit extension period" and regulation 3(6) amends the definition of "young person". Regulation 3(3) and (9) amends the circumstances in which a joint-claim couple can be entitled to a jobseeker's allowance. Regulation 3(4) amends the circumstances in which a person is treated as receiving relevant education. Regulation 3(8) amends the circumstances in which a person can be entitled to a jobseeker's allowance when he is engaged in training.

Regulations 4 and 5 amend the Housing Benefit Regulations 2006, the Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 2006, the Council Tax Benefit Regulations 2006 and the Council Tax Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 2006. Regulations 4(2) and 5(2) amend the definition of "young person". Regulations 4(3) and 5(3) amend the circumstances in which a student is entitled to housing benefit and council tax benefit respectively.

Regulation 6 amends the State Pension Credit Regulations 2002. Regulation 6(2) amends the definition of "young person".

The other provisions in these Regulations make changes to update references to the new child benefit legislation and make minor consequential amendments.

A full regulatory impact assessment has not been produced for this instrument as it has no impact on the costs of business.

Notes:

[1] 1992 c.4. Section 123(1)(e) was amended by paragraph 1(1) of Schedule 9 to the Local Government Finance Act 1992 (c.14), section 124(1)(d) and (e) was amended by paragraph 30 of Schedule 2 to the Jobseekers Act 1995 (c.18), section 175(1) and (4) was amended by paragraph 29 of Schedule 3 to the Social Security Contributions (Transfer of Functions, etc.) Act 1999 (c. 2) and section 175(5) was amended by Schedule 3 to the Jobseekers Act 1995.

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[2] 1995 c.18. Section 3(1) was amended, and section 3A was inserted, by paragraph 4 of Schedule 7 to the Welfare Reform and Pensions Act 1999 (c.30), section 36(4) was amended by paragraph 63 of Schedule 3 to the Social Security Contributions (Transfer of Functions, etc.) Act 1999 and paragraphs 8A and 9C of Schedule 1 were inserted by paragraph 16 of Schedule 7 to the Welfare Reform and Pensions Act 1999.back

[3] 2002 c.16. Section 17(1) is an interpretation provision and is cited because of the meaning ascribed to the word "prescribed".back

[4] 1992 c.5. Section 176(1) was amended by paragraph 23 of Schedule 9 to the Local Government Finance Act 1992, section 69 of the Child Support, Pensions and Social Security Act 2000 (c.19) and paragraph 3(4) of Schedule 13 to the Housing Act 1996 (c.52).back

[5] See sections 170 and 173(1)(b) of the Social Security Administration Act 1992. The list of "relevant enactments" in respect of which regulations must normally be referred to the Committee was extended by adding the Jobseekers Act 1995 (paragraph 67 of Schedule 2 to that Act) and the State Pension Credit Act 2002 (c.16) (paragraph 20 of Schedule 2 to that Act).back

[6] S.I. 2006/645.back

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

[8] Relevant amending instruments are S.I.s 1990/547 and 2004/2308.back