The Social Security (Miscellaneous Amendments) (No. 2) Regulations 2013

JurisdictionUK Non-devolved
CitationSI 2013/1508

2013 No. 1508

Social Security

The Social Security (Miscellaneous Amendments) (No. 2) Regulations 2013

Made 20th June 2013

Laid before Parliament 27th June 2013

Coming into force in accordance with regulation 1(2)

The Secretary of State for Work and Pensions makes the following Regulations in exercise of the powers conferred by sections 1(1)(b), 5(1)(p) and (r), 71ZC(1), 189(1) and (4) and 191 of the Social Security Administration Act 19921, sections 6H(5) and (6), 12(4)(b), 35(1) and 36(2) and (4) of, and paragraphs 1(2) and 16 of Schedule 1 to, the Jobseekers Act 19952, sections 11H(5) and (6), 24(1) and 25(2) to (5) of, and paragraph 1(a) of Schedule 2 to, the Welfare Reform Act 20073and sections 4(5), 11(4), 12(1) and (3), 24(5) and (6), 37(6), 40 and 42(2) and (3) of, and paragraphs 4(1) and 5(1) of Schedule 1 to, the Welfare Reform Act 20124.

The provisions in regulations 3, 4(2) and 5(3) and 7 have not been referred to the Social Security Advisory Committee because they contain only provisions made by virtue of or consequential on provisions in, or introduced by, the Welfare Reform Act 2012. Those provisions are made before the end of the period of six months beginning with the coming into force of those provisions in that Act.

The Social Security Advisory Committee has agreed that the proposals in respect of the provisions in regulations 2, 4(3) to (5), 5(2) and (4), 6 and 8 should not be referred to it5.

In accordance with section 176(2)(b) of the Social Security Administration Act 1992 and in so far as these Regulations relate to housing benefit, the Secretary of State has obtained the agreement of organisations appearing to him to be representative of the authorities concerned that proposals in respect of these Regulations should not be referred to them.

S-1 Citation and commencement

Citation and commencement

1.—(1) These Regulations may be cited as the Social Security (Miscellaneous Amendments) (No. 2) Regulations 2013.

(2) These Regulations come into force—

(a)

(a) except in relation to regulations 3(2), (5) and (9), 4(2) and 5(3) and (4), on 29th July 2013; and

(b)

(b) in relation to regulations 3(2), (5) and (9), 4(2) and 5(3) and (4), on 29th October 2013.

S-2 Amendment of the Social Security (Claims and Payments) Regulations 1987

Amendment of the Social Security (Claims and Payments) Regulations 1987

2.—(1) The Social Security (Claims and Payments) Regulations 19876are amended as follows.

(2) In regulation 2(1) (interpretation), after the definition of “the 2002 Act”7insert—

““the 2013 Regulations” means the Universal Credit, Personal Independence Payment, Jobseeker’s Allowance and Employment and Support Allowance (Claims and Payments) Regulations 2013;”.

(3) In Schedule 9 (deductions from benefit and direct payment to third parties), after paragraph 7C(6) (eligible loans)8insert—

S-6A

“6A The Secretary of State shall not make deductions from a benefit mentioned in sub-paragraph (2) where the borrower is in receipt of any benefit within the meaning of “eligible benefit” in paragraph 11(8) (eligible loans) of Schedule 6 (deductions from benefit and direct payment to third parties) to the 2013 Regulations unless the amount of benefit mentioned in that definition is insufficient to meet the deduction.”.

(4) In Schedule 9B (deductions from benefit in respect of child support maintenance and payment to persons with care)9, after paragraph 2(2) (deductions) insert—

S-2A

“2A Where paragraph 5 (flat rate maintenance) of Schedule 7 (deductions from benefit in respect of child support maintenance and payment to persons with care) to the 2013 Regulations applies, the Secretary of State shall not make deductions under paragraphs 5 and 6 of this Schedule, unless the amount of “specified benefit” within the meaning of paragraph 1 of Schedule 7 to the 2013 Regulations is insufficient to meet the deduction under paragraph 5 of that Schedule.”.

S-3 Amendment of the Universal Credit Regulations 2013

Amendment of the Universal Credit Regulations 2013

3.—(1) The Universal Credit Regulations 201310are amended as follows.

(2) In regulation 2 (interpretation) in the definition of “attendance allowance”, omit paragraph (c).

(3) In regulation 4(6) (when a person is responsible for a child or qualifying young person)—

(a)

(a) at the beginning, insert “Subject to regulation 4A,”; and

(b)

(b) omit the words after sub-paragraph (b) (the full-out words).

(4) After regulation 4, insert—

S-4A

Responsibility for children looked after by a local authority

4A.—(1) There is excluded from regulation 4(6)(a)—

(a)

(a) any period which is in the nature of a planned short term break, or is one of a series of such breaks, for the purpose of providing respite for the person who normally cares for the child or qualifying young person;

(b)

(b) any period during which the child or qualifying young person is placed with, or continues to live with, their parent or a person who has parental responsibility for them.

(2) For the purposes of this regulation, a person has parental responsibility if they are not a foster parent and—

(a)

(a) in England and Wales, they have parental responsibility within the meaning of section 3 of the Children Act 198911; or

(b)

(b) in Scotland, they have any or all of the legal responsibilities or rights described in sections 1 or 2 of the Children (Scotland) Act 199512.”.

(5) In regulation 9(4) (persons treated as not being in Great Britain), for sub-paragraph (e) substitute—

“(e)

“(e) a person who has been granted, or who is deemed to have been granted, leave outside the rules made under section 3(2) of the Immigration Act 197113where that leave is—

(i) discretionary leave to enter or remain in the United Kingdom,

(ii) leave to remain under the Destitution Domestic Violence concession14, or

(iii) leave deemed to have been granted by virtue of regulation 3 of the Displaced Persons (Temporary Protection) Regulations 200515;”.

(6) In regulation 35 (meaning of “relevant childcare”)—

(a)

(a) for paragraph (2)(b), substitute—

“(b)

“(b) by or under the direction of the proprietor of a school as part of the school’s activities—

(i) out of school hours, where a child has reached compulsory school age, or

(ii) at any time, where a child has not yet reached compulsory school age; or”;

(b)

(b) after paragraph (2)(b), insert—

“(c)

“(c) by a domiciliary care provider registered with the Care Quality Commission in accordance with the requirements of the Health and Social Care Act 200816.”;

(c)

(c) in paragraph (3)(a) for the words from “section 2” to the end, substitute “schedule 12 to the Public Services Reform (Scotland) Act 201017and is registered under Part 5 of that Act; or”;

(d)

(d) in paragraph (3)(b) for the words from “section 2(7) and (8)” to the end, substitute “paragraph 5 of schedule 12 to the Public Services Reform (Scotland) Act 2010; or”;

(e)

(e) in paragraph (3)(c) for the words from “section 2 of the Regulation” to the end, substitute “schedule 12 to the Public Services Reform (Scotland) Act 2010 and is registered under Part 5 of that Act”;

(f)

(f) for paragraph (4)(d) substitute—

“(d)

“(d) out of school hours, by a school on school premises or by a local authority;”; and

(g)

(g) after paragraph (5), insert—

S-5A

“5A In paragraph (2)(b), “school” means a school that Her Majesty’s Chief Inspector of Education, Children’s Services and Skills is, or may be, required to inspect.”.

(7) In regulation 58 (permitted expenses)—

(a)

(a) in paragraph (3)(c), omit “or payment of interest”; and

(b)

(b) after paragraph (3), insert—

S-3A

“3A A deduction for a payment of interest in relation to a loan taken out for the purposes of the trade, profession or vocation may not exceed £41.”.

(8) In regulation 59(2) (flat rate deductions for mileage and use of home and adjustment for personal use of business premises), in the full-out words after sub-paragraph (b) omit “or motorcycle”.

(9) In regulation 98(4) (victims of domestic violence), for the definition of “domestic violence” substitute—

““coercive behaviour” means an act of assault, humiliation or intimidation or other abuse that is used to harm, punish or frighten the victim;

“controlling behaviour” means an act designed to make a person subordinate or dependent by isolating them from sources of support, exploiting their resources and capacities for personal gain, depriving them of the means needed for independence, resistance or escape or regulating their everyday behaviour;

“domestic violence” means any incident, or pattern of incidents, of controlling behaviour, coercive behaviour, violence or abuse, including but not limited to—

(a) psychological abuse;

(b) physical abuse;

(c) sexual abuse;

(d) emotional abuse;

(e) financial abuse,

regardless of the gender or sexuality of the victim;.”.

(10) In Schedule 4 in paragraph 24(4) (core rent for joint tenants) and paragraph 35(4) (determining the amount from which HCC deductions are to be made: joint tenants), after ““C” is the number of listed persons” insert “liable to make relevant payments”.

(11) In paragraph 2(3) of Schedule 8 (circumstances in which a claimant is to be treated as having limited capability for work – in hospital), for “overnight or for a longer period” substitute “for a period of 24 hours or longer”.

S-4 Amendment of the Jobseeker’s Allowance Regulations 2013

Amendment of the Jobseeker’s Allowance Regulations 2013

4.—(1) The Jobseeker’s Allowance Regulations 201318are amended as follows.

(2) In regulation 15(5) (victims of domestic violence), for the definition of “domestic violence” substitute—

““coercive behaviour” means an act of assault, humiliation or intimidation or other abuse that is used to harm, punish or frighten the victim;

“controlling behaviour” means an act designed to make a person subordinate or dependent by isolating them from sources of support, exploiting their resources and capacities for personal gain, depriving them of the...

To continue reading

Request your trial

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT