The Social Security (Miscellaneous Amendments) Regulations 2015

JurisdictionUK Non-devolved

2015No. 67

SOCIAL SECURITY

The Social Security (Miscellaneous Amendments) Regulations 2015

26thJanuary2015

2ndFebruary2015

23rdFebruary2015

The Secretary of State for Work and Pensions makes the following Regulations in exercise of the powers conferred by sections 182C(1) and 189(4) of the Social Security Administration Act 1992( 1) ("the Administration Act"), sections 35(3), 35B(11), 136(3) and (5), 136A, 137(1), 138(2) and (4), 175(1), (3) and (4) of the Social Security Contributions and Benefits Act 1992( 2), sections 12(1) and (4), 35(1) and 36(2) and (4) of the Jobseekers Act 1995( 3), sections 15(3) and (6), 17(1) and 19(1) of the State Pension Credit Act 2002( 4), sections 17(1) and (3), 24(1) and 25, (2) and (3) and (5)(a) of the Welfare Reform Act 2007( 5) and sections 8(3), 40 and 42(1), (2) and (3)(a) of, and paragraph 4(1)(b) and (3)(a) of Schedule 1 to, the Welfare Reform Act 2012( 6).

In accordance with section 173(1)(b) of the Administration Act, the Secretary of State has obtained the agreement of the Social Security Advisory Committee that proposals in respect of these Regulations need not be referred to it.

In respect of provisions in these Regulations relating to housing benefit, in accordance with section 176(1) of the Administration Act( 7), the Secretary of State has consulted with organisations appearing to him to be representative of the authorities concerned.

Citation and commencement

1. These Regulations may be cited as the Social Security (Miscellaneous Amendments) Regulations 2015 and come into force on 23rd February 2015.

Service User amendments

2.-(1) Paragraph (2) amends the following provisions-

(a) regulation 2(1B) (interpretation) of the Income Support (General) Regulations 1987( 8);(b) regulation 1(3G) (citation, commencement and interpretation) of the Jobseeker's Allowance Regulations 1996( 9);(c) regulation 1(3A) (citation, commencement and interpretation) of the State Pension Credit Regulations 2002( 10)(d) regulation 2(5) (interpretation) of the Housing Benefit Regulations 2006( 11);(e) regulation 2(6) (interpretation) of the Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 2006( 12);(f) regulation 2(8) (interpretation) of the Employment and Support Allowance Regulations 2008( 13);(g) regulation 53(2) (meaning of other terms relating to earned income) of the Universal Credit Regulations 2013( 14);(h) regulation 3(6) (further interpretation) of the Jobseeker's Allowance Regulations 2013( 15); and(i) regulation 80(5) (earnings of employed earners) of the Employment and Support Allowance Regulations 2013( 16).

(2) Each of the provisions specified in paragraph (1) (which define when a claimant is participating as a service user) are amended as follows-

(a) after sub-paragraph (a) insert-"(ab) a person who is being consulted by or on behalf of-(i) the Secretary of State in relation to any of the Secretary of State's functions in the field of social security or child support or under section 2 of the Employment and Training Act 1973( 17); or(ii) a body which conducts research or undertakes monitoring for the purpose of planning or improving such functions,

in their capacity as a person affected or potentially affected by the exercise of those functions or the carer of such a person;"

(b) in sub-paragraph (b) for "sub-paragraph (a)" substitute "sub-paragraphs (a) or (ab)".

(3) In regulation 3(6) (further interpretation) of the Jobseeker's Allowance Regulations 2013, before sub-paragraph (a) omit "the person".

Amendment of the Social Security (Maternity Allowance) Regulations 1987

3. In regulation 2 of the Social Security (Maternity Allowance) Regulations 1987( 18) (disqualification for the receipt of a maternity allowance) omit paragraphs (5) and (6).

Amendment of the Social Fund Winter Fuel Payment Regulations 2000

4. In the Social Fund Winter Fuel Payment Regulations 2000( 19)-

(a) in regulation 1(2) (citation, commencement and interpretation) omit the definition of "Income Support Regulations";(b) in regulation 2(4), for "(2)(a)(ii)" substitute "(1)(a)(ii)";(c) in regulation 3(1)(a) (persons not entitled to a social fund winter fuel payment), at the end of paragraph (ii) omit "or" and after paragraph (iii) insert-"(iv) in residential care and is a person to whom state pension credit, an income-based jobseeker's allowance or an income-related employment and support allowance has been, or falls to be,...

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