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The Social Security (Miscellaneous Amendments) (No. 2) Regulations 1999

Type Statutory-Instrument
Publication 1999-09-13
Last updated 2006-03-06
State In force
Department King's Printer of Acts of Parliament
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Made: 13th September 1999

Laid before Parliament: 13th September 1999

Coming into force: 4th October 1999

The Secretary of State for Social Security, in exercise of the powers conferred on him by sections 123(1), 124(1)(e), 135(1), 136(3) and (5)(b), 137(1) and (2)(d), 175(1) and (3) to (5) of the Social Security Contributions and Benefits Act 1992, sections 21, 35(1) and 36(1), (2) and (4) of, and paragraph 1(2) of Schedule 1 to, the Jobseekers Act 1995 and sections 1(1), 5(1)(a), 6(1)(a), 63(2A), 128A(1), 189(1) and (3) to (5) and 191 of the Social Security Administration Act 1992 and of all other powers enabling him in that behalf, after consultation, in respect of provisions in these Regulations relating to housing benefit and council tax benefit, with organisations appearing to the Secretary of State to be representative of the authorities concerned and after agreement by the Social Security Advisory Committee that proposals in respect of these Regulations should not be referred to it, hereby makes the following Regulations:

Citation and commencement

1

These Regulations may be cited as the Social Security (Miscellaneous Amendments) (No. 2) Regulations 1999 and shall come into force on 4th October 1999.

Amendment of the Income Support (General) Regulations 1987

2

(8) Subject to paragraph (9), a person who has not been treated as engaged in remunerative work in accordance with regulation 6(2) as a consequence of his commencing work shall be treated as engaged in remunerative work for the period specified in paragraph (10) where he ceased to be engaged in that work within the period of five weeks beginning on the date on which he commenced it. (9) Paragraph (8) shall not apply in the case of a person who is temporarily absent from the work referred to in regulation 6(2)(a). (10) A person to whom paragraph (8) applies shall be treated as engaged in remunerative work for the period commencing on the day after the day on which he was last engaged in the work referred to in regulation 6(2)(a) and ending on the day on which the length of that period corresponds with the length of the period in respect of which he had not been treated as engaged in remunerative work in accordance with regulation 6(2).

(2) A lone parent shall not be treated as engaged in remunerative work for the period specified in paragraph (3) in so far as— (a) he is engaged in work which— (i) is remunerative work; and (ii) he is expected to be engaged in for a period of no less than five weeks; and (b) he had been, for a continuous period of 26 weeks ending on the day before the day on which he commenced the work referred to in sub-paragraph (a)— (i) entitled to and in receipt of income support or income-based jobseeker’s allowance; and (ii) a lone parent. (3) A person referred to in paragraph (2) shall not be treated as engaged in remunerative work for the period of 14 days commencing with the day on which he was first engaged in the work referred to in sub-paragraph (a) of that paragraph.

(7) A person— (a) to whom regulation 6(2) (persons not treated as engaged in remunerative work) applies; and (b) whose applicable amount immediately before he was engaged in the work referred to in regulation 6(2)(a), included a premium applicable under paragraph 11(a), shall, for the period specified in regulation 6(3), be treated as having continued to satisfy the additional condition specified in this paragraph for the payment of that premium.

(15B) In the case of a person to whom regulation 6(2) (persons not treated as engaged in remunerative work) applies, any earnings which derive from the work referred to in sub-paragraph (a) of that paragraph but only to the extent that they relate to work performed during the period specified in regulation 6(3).

(70) In the case of a person to whom regulation 6(2) (persons not treated as engaged in remunerative work) applies, any working families tax credit or disabled person’s tax credit to which section 128 or as the case may be 129 of the Contributions and Benefits Act refers which is paid to that person.

(57) In the case of a person to whom regulation 6(2) (persons not treated as engaged in remunerative work) applies, the amount of any— (a) back to work bonus payable to that lone parent by way of a jobseeker’s allowance or income support in accordance with section 26 of the Jobseekers Act 1995 or a corresponding payment under article 28 of the Jobseekers (Northern Ireland) Order 1995 ; or (b) child maintenance bonus payable to that lone parent by way of a jobseeker’s allowance or income support in accordance with section 10 of the Child Support Act 1995 or a corresponding payment under article 4 of the Child Support (Northern Ireland) Order 1995 , which is paid during the period specified in regulation 6(3).

Amendment of the Jobseeker’s Allowance Regulations 1996

3

At the end of regulation 52 of the Jobseeker’s Allowance Regulations 1996 (persons treated as engaged in remunerative work), there shall be added the following paragraphs—

(4) Subject to paragraph (5), a person who has not been treated as engaged in remunerative work in accordance with regulation 6(2) of the Income Support Regulations (persons not treated as engaged in remunerative work) as a consequence of his commencing work shall be treated as engaged in remunerative work for the period specified in paragraph (6) where he ceased to be engaged in that work within the period of five weeks beginning on the date on which he commenced it. (5) Paragraph (4) shall not apply in the case of a person who is temporarily absent from the work referred to in regulation 6(2)(a) of the Income Support Regulations. (6) A person to whom paragraph (4) applies shall be treated as engaged in remunerative work for the period commencing on the day after the day on which he was last engaged in the work referred to in regulation 6(2)(a) of the Income Support Regulations and ending on the day on which the length of that period corresponds with the length of the period in respect of which he had not been treated as engaged in remunerative work in accordance with regulation 6(2) of those Regulations.

Amendment of the Council Tax Benefit (General) Regulations 1992

4

(1A) Subject to paragraph (2), in the case of a person to whom regulation 6(2) of the Income Support (General) Regulations 1987 (persons not treated as engaged in remunerative work) applies, his council tax benefit shall be determined in accordance with Part II of Schedule 5A where— (a) he was entitled to council tax benefit and his benefit period has come to an end— (i) on either of the grounds specified in paragraph (1)(a); or (ii) in accordance with regulation 58(1)(c) on the ground that he vacated the dwelling of which he was a resident during the period specified in regulation 6(3) of those Regulations; and (b) the Secretary of State has certified to the appropriate authority— (i) that regulation 6(2) of those Regulations applies to him; (ii) the date on which he was first engaged in the work referred to in sub-paragraph (a) of regulation 6(2) of those Regulations; and (iii) the date on which his entitlement to income support ceased or is expected to cease. (1B) Any award determined in accordance with paragraph (1A) shall be referred to in these Regulations as an “extended payment".

(i) in a case where the beneficiary is a person to whom regulation 6(2) of the Income Support (General) Regulations 1987 (persons not treated as engaged in remunerative work) applies, during the period beginning on the day immediately following the end of the relevant benefit period and ending on the last day of the benefit week which includes the day— (aa) which is 4 weeks after the day on which that person was first engaged in the work referred to in sub-paragraph (a) of that paragraph of that regulation; or (bb) on which that person’s liability for council tax ends, whichever shall first occur; (ii) in any other case, during the 4 weeks immediately following the end of the relevant benefit period; and

(c) the Secretary of State has certified the matters specified in regulation 53A(1A)(b) to the appropriate authority,

(15A) Where the appropriate authority has invited a person to make a claim for a further grant of council tax benefit pursuant to paragraph (15)(c), it need not invite that person to make a claim for a further grant of that benefit pursuant to paragraph (15)(a).

(5) For the purposes of paragraph (4), a person shall be treated as having claimed an extended payment where— (a) he is a person to whom regulation 6(2) of the Income Support (General) Regulations 1987 (persons not treated as engaged in remunerative work) applies; and (b) the Secretary of State has certified the matters specified in regulation 53A(1A)(b) to the appropriate authority during the period of 14 days commencing on the day on which that person was first engaged in the work referred to in sub-paragraph (a) of regulation 6(2) of those Regulations, and the appropriate day in relation to that person shall be the day on which that person was first engaged in the work referred to in that sub-paragraph of that regulation.

(aa) in the case of a person to whom regulation 6(2) of the Income Support (General) Regulations 1987 (persons not treated as engaged in remunerative work) applies, the matters certified by the Secretary of State pursuant to regulation 53A(1A)(b); and

(5) For the purposes of this regulation, a person shall be treated as having claimed an extended payment from an authority where— (a) he is a person to whom regulation 6(2) of the Income Support (General) Regulations 1987 (persons not treated as engaged in remunerative work) applies; and (b) the Secretary of State has certified the matters specified in regulation 53A(1A)(b) to the appropriate authority.

(iv) the claimant’s applicable amount included an amount applicable under paragraph 11 of Schedule 2 to the Income Support (General) Regulations 1987 or, as the case may be, under paragraph 13 of Schedule 1 to the Jobseeker’s Allowance Regulations 1996 (disability premium); or (v) the claimant was, or was treated as, incapable of work in accordance with Part XIIA of the Contributions and Benefits Act 1992 and the regulations made thereunder (incapacity for work);

(2) For the purposes of this Schedule (other than Part I), a person shall be treated as having claimed an extended payment where— (a) he is a person to whom regulation 6(2) of the Income Support (General) Regulations 1987 (persons not treated as engaged in remunerative work) applies; and (b) the Secretary of State has certified the matters specified in regulation 53A(1A)(b) to the appropriate authority, and the words “claim" and “claimant" shall be construed accordingly.

Amendment of the Housing Benefit (General) Regulations 1987

5

(1A) Subject to paragraph (2), in the case of a person to whom regulation 6(2) of the Income Support (General) Regulations 1987 (persons not treated as engaged in remunerative work) applies, his housing benefit shall be determined in accordance with Part II of Schedule 5A where— (a) he was entitled to housing benefit and his benefit period has come to an end— (i) on either of the grounds specified in paragraph (1)(a); or (ii) in accordance with regulation 67(1)(c) on the ground that he vacated the dwelling of which he was a resident during the period specified in regulation 6(3) of those Regulations; and (b) the Secretary of State has certified to the appropriate authority— (i) that regulation 6(2) of those Regulations applies to him; (ii) the date on which he was first engaged in the work referred to in sub-paragraph (a) of regulation 6(2) of those Regulations; and (iii) the date on which his entitlement to income support ceased or is expected to cease. (1B) Any award determined in accordance with paragraph (1A) shall be referred to in these Regulations as an “extended payment".

(i) in a case where the beneficiary is a person to whom regulation 6(2) of the Income Support (General) Regulations 1987 (persons not treated as engaged in remunerative work) applies, during the period beginning on the day immediately following the end of the relevant benefit period and ending on the last day of the benefit week which includes the day— (aa) which is 4 weeks after the day on which that person was first engaged in the work referred to in sub-paragraph (a) of that paragraph of that regulation; or (bb) on which that person’s liability for rent ends, whichever shall first occur; (ii) in any other case, during the 4 weeks immediately following the end of the relevant benefit period; and

(c) the Secretary of State has certified the matters specified in regulation 62A(1A)(b) to be the appropriate authority,

(14A) Where the appropriate authority has invited a person to make a claim for a further grant of housing benefit pursuant to paragraph (14)(c), it need not invite that person to make a claim for a further grant of that benefit pursuant to paragraph (14)(a).

(5) For the purposes of paragraph (4), a person shall be treated as having claimed an extended payment where— (a) he is a person to whom regulation 6(2) of the Income Support (General) Regulations 1987 (persons not treated as engaged in remunerative work) applies; and (b) the Secretary of State has certified the matters specified in regulation 62A(1A)(b) to the appropriate authority during the period of 14 days commencing on the day on which that person was first engaged in the work referred to in sub-paragraph (a) of regulation 6(2) of those Regulations, and the appropriate day in relation to that person shall be the day on which that person was first engaged in the work referred to in that sub-paragraph of that regulation.

(iv) the claimant’s applicable amount included an amount applicable under paragraph 11 of Schedule 2 to the Income Support (General) Regulations 1987 or, as the case may be, under paragraph 13 of Schedule 1 to the Jobseeker’s Allowance Regulations 1996 (disability premium); or (v) the claimant was, or was treated as, incapable of work in accordance with Part XIIA of the Contributions and Benefits Act and the regulations made thereunder (incapacity for work);

(2) For the purposes of this Schedule (other than Part I), a person shall be treated as having claimed an extended payment where— (a) he is a person to whom regulation 6(2) of the Income Support (General) Regulations 1987 (persons not treated as engaged in remunerative work) applies; and (b) the Secretary of State has certified the matters specified in regulation 62A(1A)(b) to the appropriate authority, and the words “claim" and “claimant" shall be construed accordingly.

Amendment of the Housing Benefit (Supply of Information) Regulations 1988

6

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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

7

At the end of regulation 3 of the Social Security (Claims and Payments) Regulations 1987 (claims not required for entitlement to benefit in certain cases) there shall be added the following paragraph—

(h) in the case of income support where the beneficiary— (i) is a person to whom regulation 6(2) of the Income Support (General) Regulations 1987 (persons not treated as engaged in remunerative work) applies; (ii) was in receipt of an income-based jobseeker’s allowance on the day before the day on which he was first engaged in the work referred to in sub-paragraph (a) of that paragraph; and (iii) would satisfy the conditions of entitlement to income support (apart from the condition of making a claim which would apply in the absence of this paragraph) only by virtue of regulation 6(3) of those Regulations.

Signed

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

Hugh Bayley — Parliamentary Under-Secretary of State, — Department of Social Security — 1999-09-13

Explanatory note

(This note is not part of the Regulations)

Footnotes

[^f00001]: 1992 c. 4; sections 123 and 137 were amended to have effect in relation to council tax benefit by Schedule 9 to the Local Government Finance Act 1992 (c. 14), paragraphs 1 and 9; section 137(1) is an interpretation provision and is cited because of the meaning ascribed to the word “prescribed”.

[^f00002]: 1995 c. 18; section 35(1) is an interpretation provision and is cited because of the meaning ascribed to the words “prescribed” and “regulations”.

[^f00003]: 1992 c. 5; section 6(1) was amended to have effect in relation to council tax benefit by Schedule 9 to the Local Government Finance Act 1992 (c. 14), paragraph 12(1); sections 63(2A) and 128A were inserted by section 28 of the Jobseekers Act 1995 (c. 18); section 191 is an interpretation provision and is cited because of the meaning ascribed to the word “prescribe”.

[^f00004]: See section 176(1) of the Social Security Administration Act 1992 (c. 5).

[^f00005]: 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.

[^f00006]: S.I. 1987/1967.

[^f00007]: The relevant amending instruments are S.I. 1988/1445 and 1990/547.

[^f00008]: Regulations 29(4D) and 35(3) were inserted by S.I. 1989/1323.

[^f00009]: Schedule 1B was inserted by S.I. 1996/206.

[^f00010]: The relevant amending instruments are S.I. 1988/2022 and 1995/482.

[^f00011]: Paragraph 15A was inserted by S.I. 1996/1944.

[^f00012]: Sections 128 and 129 were amended by the Tax Credits Act 1999 (c. 10), section 1(2) and Schedule 1, paragraphs 1 and 2.

[^f00013]: 1995 c. 18.

[^f00014]: S.I. 1995/2705 (N.I.15).

[^f00015]: 1995 c. 34.

[^f00016]: S.I. 1995/2702 (N.I.13).

[^f00017]: S.I. 1996/207 to which there are amendments which are not relevant to these Regulations.

[^f00018]: S.I. 1992/1814; the relevant amending instrument is S.I. 1996/194.

[^f00019]: Paragraph (4) was inserted by S.I. 1996/194 and amended by S.I. 1996/1510.

[^f00020]: Regulation 95 was added by S.I. 1996/194.

[^f00021]: Schedule 5A was inserted by S.I. 1996/194.

[^f00022]: S.I. 1987/1971; the relevant amending instrument is S.I. 1996/194.

[^f00023]: Paragraph (4) was inserted by S.I. 1996/194 and amended by S.I. 1996/1510.

[^f00024]: Schedule 5A was inserted by S.I. 1996/194.

[^f00025]: S.I. 1988/662; regulation 5 was added by S.I. 1996/194.

[^f00026]: S.I. 1987/1968; the relevant amending instruments are S.I. 1989/136, 1994/2943 and 1996/1460.

Editorial notes

[^c1646872]: 1992 c.4; sections 123 and 137 were amended to have effect in relation to council tax benefit by Schedule 9 to the Local Government Finance Act 1992 (c.14), paragraphs 1 and 9; section 137(1) is an interpretation provision and is cited because of the meaning ascribed to the word “prescribed".

[^c1646873]: 1995 c.18; section 35(1) is an interpretation provision and is cited because of the meaning ascribed to the words “prescribed" and “regulations".

[^c1646874]: 1992 c.5; section 6(1) was amended to have effect in relation to council tax benefit by Schedule 9 to the Local Government Finance Act 1992 (c.14), paragraph 12(1); sections 63(2A) and 128A were inserted by section 28 of the Jobseekers Act 1995 (c.18); section 191 is an interpretation provision and is cited because of the meaning ascribed to the word “prescribe".

[^c1646875]: See section 176(1) of the Social Security Administration Act 1992 (c. 5).

[^c1646876]: 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.

[^c1646877]: S.I. 1987/1967.

[^c1646878]: The relevant amending instruments are S.I. 1988/1445 and 1990/547.

[^c1646879]: Regulations 29(4D) and 35(3) were inserted by S.I. 1989/1323.

[^c1646880]: Schedule 1B was inserted by S.I. 1996/206.

[^c1646881]: The relevant amending instruments are S.I. 1988/2022 and 1995/482.

[^c1646882]: Paragraph 15A was inserted by S.I. 1996/1944.

[^c1646883]: Sections 128 and 129 were amended by the Tax Credits Act 1999 (c.10), section 1(2) and Schedule 1, paragraphs 1 and 2.

[^c1646884]: 1995 c.18.

[^c1646885]: S.I. 1995/2705 (N.I.15).

[^c1646886]: 1995 c. 34.

[^c1646887]: S.I. 1995/2702 (N.I.13).

[^c1646888]: S.I. 1996/207 to which there are amendments which are not relevant to these Regulations.

[^c1646894]: Paragraph (4) was inserted by S.I. 1996/194 and amended by S.I. 1996/1510.

[^c1646897]: S.I. 1987/1968; the relevant amending instruments are S.I. 1989/136, 1994/2943 and 1996/1460.

[^key-d7157fe8571defa473474336cee8aedf]: Reg. 7 modified (7.4.2003 for specified purposes) by The Child Benefit and Guardian’s Allowance (Administration) Regulations 2003 (S.I. 2003/492), regs. 1, 43, Sch. 3 Pt. 1 (with regs. 1(2), 44)

[^key-799eeed0edaab11c108035dc4aa340ce]: Regs. 4 5 revoked (6.3.2006) by The Housing Benefit and Council Tax Benefit (Consequential Provisions) Regulations 2006 (S.I. 2006/217), reg. 1(1), Sch. 1 (with regs. 2, 3, Sch. 3, Sch. 4)

[^key-db267af1b20c070bd928d8ab51f1f219]: Reg. 6 revoked (6.3.2006) by The Housing Benefit and Council Tax Benefit (Consequential Provisions) Regulations 2006 (S.I. 2006/217), reg. 1(1), Sch. 1 (with regs. 2, 3, Sch. 3, Sch. 4)

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