Statutory Instruments
SOCIAL SECURITY
Made
14th April 2004
Laid before Parliament
21st April 2004
Coming into force
12th May 2004
The Secretary of State for Work and Pensions, in exercise of the powers conferred upon him by section 123(1)(a), (d) and (e), sections 135(1), 136(3), 136(5)(b) and (d), sections 137(1), 138(1)(a) and (4) and 175(4) of the Social Security Contributions and Benefits Act 1992 M1, sections 12(1), 12(4)(b) and (d), 35(1) and 36(4) of the Jobseekers Act 1995 M2, sections 15(3) and (6) and 17(1) of the State Pension Credit Act 2002 M3 and section 29 of and paragraph 8 of Schedule 1 to the Social Security (Recovery of Benefits) Act 1997 M4 and 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 him to be representative of the authorities concerned M5, and after agreement by the Social Security Advisory Committee that proposals in respect of the Regulations should not be referred to it M6, hereby makes the following Regulations:
Marginal Citations
M11992 c. 4. Section 123(1)(e) was substituted by paragraph 1 of Schedule 9 to the Local Government Finance Act 1992 (c. 14). Section 137(1) is an interpretation provision and is cited because of the meaning given to the word “prescribed”.
M21995 c. 18. Section 35(1) is an interpretation provision and is cited because of the meaning given to the words “prescribed” and “regulations”. Sections 35(1) and 36(4) were amended by section 2 of, and paragraph 62 and 63 respectively of Schedule 3 to the Social Security Contributions (Transfer of Functions, etc) Act 1999 (1999 c. 2).
M32002 c. 16. Section 17(1) is cited because of the meaning given to the words “prescribed” and “regulations”.
M41997 c. 27. Section 29 is an interpretation provision and is cited because of the meaning given to the words “prescribed” and “regulations”.
M6Sections 170 and 173(1) of the Social Security Administration Act 1992; 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.
1.—(1) These Regulations may be cited as the Social Security (Miscellaneous Amendments) (No. 2) Regulations 2004 and shall come into force on 12th May 2004.
(2) In these Regulations—
F1...
F1...
“the Income Support Regulations” means the Income Support (General) Regulations 1987 M7;
“the Jobseeker’s Allowance Regulations” means the Jobseeker’s Allowance Regulations 1996 M8;
“the Recovery of Benefits Regulations” means the Social Security (Recovery of Benefits) Regulations 1997 M9;
“the Social Fund Maternity and Funeral Expenses Regulations” means the Social Fund Maternity and Funeral Expenses (General) Regulations 1987 M10;
“the State Pension Credit Regulations” means the State Pension Credit Regulations 2002 M11.
Textual Amendments
F1Words in reg. 1(2) 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)
Marginal Citations
2. In regulation 2(1) of F2... the Income Support Regulations, in regulation 1(3) of the Jobseeker’s Allowance Regulations and regulation 1(2) of the State Pension Credit Regulations—
(a)in the definition of “qualifying person”M12 for the words “or the Eileen Trust” there shall be substituted “ , the Eileen Trust or the Skipton Fund ”;
(b)immediately after the definitions of—
F3(i). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(ii)in the Income Support Regulations F4..., “the Macfarlane Trust”;
(iii)in the Jobseeker’s Allowance Regulations, “single claimant”; and
(iv)in the State Pension Credit Regulations, “qualifying person”,
there shall be inserted the following definition—
““the Skipton Fund” means the ex-gratia payment scheme administered by the Skipton Fund Limited, incorporated on 25th March 2004, for the benefit of certain persons suffering from hepatitis C and other persons eligible for payment in accordance with the scheme’s provisions;”.
Textual Amendments
F2Words in reg. 2 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)
F3Reg. 2(b)(i) 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)
F4Words in reg. 2(b)(ii) 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)
Marginal Citations
M12The definition of “qualifying person” was inserted into S.I. 1987/1967 and 1987/1971 by S.I. 1992/1101. The relevant amending instrument is S.I. 1993/1249.
3.—(1) In each of the paragraphs of the Schedules to the Regulations specified in paragraph (2) for the words “section 12, 24 or 26 of the Social Work (Scotland) Act 1968” there shall be substituted “ section 12 of the Social Work (Scotland) Act 1968 or sections 29 or 30 of the Children (Scotland) Act 1995 ”.
(2) The paragraphs of the Schedules specified for the purpose of paragraph (1) above are—
F5(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F5(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(c)paragraph 17 M13 of Schedule 10 to the Income Support Regulations;
(d)paragraph 22 M14 of Schedule 8 to the Jobseeker’s Allowance Regulations.
(3) In each of the paragraphs of the Schedules to the Regulations specified in paragraph (4) for the words “or the Independent Living Funds” there shall be substituted “ , the Independent Living Funds or the Skipton Fund ”.
(4) The paragraphs of the Schedules specified for the purpose of paragraph (3) above are—
F6(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F6(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(c)paragraph 22(1) M15 of Schedule 10 to the Income Support Regulations;
(d)paragraph 15(1) of Schedule V to the State Pension Credit Regulations.
(5) In each of the paragraphs of the Schedules to the Regulations specified in paragraph (6) for the words “and the Eileen Trust” there shall be substituted “ , the Eileen Trust and the Skipton Fund ”.
(6) The paragraphs of the Schedules specified for the purpose of paragraph (5) above are—
F7(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F7(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(c)paragraph 22(7) M16 of Schedule 10 to the Income Support Regulations;
(d)paragraph 15(7) of Schedule V to the State Pension Credit Regulations.
(7) In each of the paragraphs of the Schedules to the Regulations specified in paragraph (8) after the words “the Eileen Trust” there shall be inserted “ , the Skipton Fund ”.
(8) The paragraphs of the Schedules specified for the purpose of paragraph (7) above are—
F8(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(b)paragraph 27(1) of Schedule 8 to the Jobseeker’s Allowance Regulations.
Textual Amendments
F5Reg. 3(2)(a)(b) 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)
F6Reg. 3(4)(a)(b) 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)
F7Reg. 3(6)(a)(b) 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)
F8Reg. 3(8)(a) 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)
Marginal Citations
M13The relevant amending instruments are S.I. 1988/663, 1989/1034, 1992/468 and 2001/3070.
M14Paragraph 22 was amended by S.I. 2001/3070.
M15The relevant amending instruments are S.I. 1988/663, 1991/1175, 1992/1101, 1993/963 and 1993/1249.
M16Paragraph 22 was inserted by S.I. 1988/663 and substituted by S.I. 1991/1175. The relevant amending instruments are S.I. 1992/1101 and 1993/1249.
4.—(1) In each of the paragraphs of the Schedules to the Regulations specified in paragraph (2) for the words “section 21 of the Social Work (Scotland) Act 1968” there shall be substituted “ section 26 of the Children (Scotland) Act 1995 ”.
(2) The paragraphs of the Schedules specified for the purpose of paragraph (1) above are—
F9(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F9(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(c)paragraph 26 M17 of Schedule 9 to the Income Support Regulations;
(d)paragraph 27 of Schedule 7 to the Jobseeker’s Allowance Regulations.
(3) In each of the paragraphs of the Schedules to the Regulations specified in paragraph (4) for the words “section 12, 24 or 26 of the Social Work (Scotland) Act 1968” there shall be substituted “ section 12 of the Social Work (Scotland) Act 1968 or sections 29 or 30 of the Children (Scotland) Act 1995 ”.
(4) The paragraphs of the Schedules specified for the purpose of paragraph (3) above are—
F10(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F10(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(c)paragraph 28 M18 of Schedule 9 to the Income Support Regulations;
(d)paragraph 29 M19 of Schedule 7 to the Jobseeker’s Allowance Regulations.
Textual Amendments
F9Reg. 4(2)(a)(b) 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)
F10Reg. 4(4)(a)(b) 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)
Marginal Citations
M17Paragraph 26 was amended by S.I. 1988/1445 and 1992/468.
M18Relevant amending instruments are S.I. 1988/663, 1989/1034, 1992/468 and 2001/3070.
M19Paragraph 29 was amended by S.I. 2001/3070.
5. In regulation 41(3) M20 of the Income Support Regulations and in regulation 104(3) M21 of the Jobseeker’s Allowance Regulations for the words “section 12, 24 or 26 of the Social Work (Scotland) Act 1968” there shall be substituted “ section 12 of the Social Work (Scotland) Act 1968 or sections 29 or 30 of the Children (Scotland) Act 1995 ”.
Marginal Citations
M20Paragraph 3 was amended by S.I. 1988/663, 1989/1034 and 2001/3070.
M21The relevant amending instrument is S.I. 2001/3070.
6. In paragraph 12(1)(d)(i) of Schedule 2 M22 to the Income Support Regulations (applicable amounts) for the words “Social Security (Hospital In-Patient) Regulations 1975” there shall be substituted “ Social Security (Attendance Allowance) Regulations 1991 or the Social Security (Disability Living Allowance) Regulations 1991 ”.
Marginal Citations
M22Paragraph 12(1)(c) and (d) substituted for paragraph 12(1)(c) as originally enacted, by S.I. 2002/3019.
7. In regulation 2(2) of the Recovery of Benefit Regulations—
(a)in sub-paragraph (i) for “10th April 1992.” there shall be substituted “ 10th April 1992; ”;
(b)after sub-paragraph (i) there shall be inserted—
“(j)any payment made from the Skipton Fund, the ex-gratia payment scheme administered by the Skipton Fund Limited, incorporated on 25th March 2004, for the benefit of certain persons suffering from hepatitis C and other persons eligible for payment in accordance with the scheme’s provisions..”
F118. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F11Reg. 8 revoked (5.12.2005) by The Social Fund Maternity and Funeral Expenses (General) Regulations 2005 (S.I. 2005/3061), reg. 1, Sch.
Signed by authority of the Secretary of State for Work and Pensions.
Chris Pond
Parliamentary Under-Secretary of State,
Department for Work and Pensions
(This note is not part of the Regulations)
These Regulations amend the Council Tax Benefit (General) Regulations 1992 (S.I. 1992/1814), the Housing Benefit (General) Regulations 1987 (S.I. 1987/1971), the Income Support (General) Regulations 1987 (S.I. 1987/1967), the Jobseeker’s Allowance Regulations 1996 (S.I. 1996/207) and the State Pension Credit Regulations 2002 (S.I. 2002/1792) (“the Principal Regulations”).
These Regulations also amend the Social Fund Maternity and Funeral Expenses (General) Regulations 1987 (S.I. 1987/481) (“the Social Fund Maternity and Funeral Expenses Regulations”) and the Social Security (Recovery of Benefits) Regulations 1997 (S.I. 1997/2205) (“the Recovery of Benefit Regulations”).
The Principal Regulations are amended to—
– insert a definition of the Skipton Fund (regulation 2);
– include in the definition of “qualifying person” reference to a person in respect of whom payment has been made from the Skipton Fund (regulation 2); and
– provide that payments made to a person from the Skipton Fund will be disregarded when calculating a person’s capital and, in the case of the State Pension Credit Regulations 2002, provide that payments received will be disregarded for the purpose of calculating a person’s income from capital (regulation 3(3) – (8)).
The Skipton Fund is an ex-gratia payment scheme administered by the Skipton Fund Limited on behalf of the Department of Health for the benefit of persons who have contracted hepatitis C from NHS blood, blood products or tissue.
Except in the case of the State Pension Credit Regulations 2002, the Principal Regulations are also amended to substitute references to the Social Work (Scotland) Act 1968, which were repealed by the Children (Scotland) Act 1995, with references to the latter Act (regulations 3(1) and (2), 4 and 5).
Regulation 6 amends the Income Support (General) Regulations 1987 to correct a reference to supporting legislation in the conditions for Higher Pensioner Premium and Disability Premium which was inserted by the State Pension Credit (Consequential, Transitional and Miscellaneous Provisions) Regulations 2002 (S.I. 2002/3019).
Regulation 7 amends regulation 2(2) of the Recovery of Benefit Regulations to include an exemption for payments made from the Skipton Fund from the compensation recovery scheme.
Regulation 8 amends regulation 8 of the Social Fund Maternity and Funeral Expenses Regulations to provide that payments received from the Skipton Fund will not be deducted from an award of a funeral payment.
A full regulatory impact assessment has not been produced for this instrument as it has no impact on the costs of business.