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Statutory Instruments

2001 No. 859

SOCIAL SECURITY

The Social Security (Miscellaneous Amendments) (No. 3) Regulations 2001

Made

9th March 2001

Laid before Parliament

9th March 2001

Coming into force in accordance with regulation 1

M1,M2,M3,M4 The Secretary of State for Social Security, in exercise of the powers conferred upon him by sections 123(1)(a), (d) and (e), 124(1)(e), 135(1), 136(3) and (5)(a) and (b), 137(1), 138(1)(a) and (4) and 175(1), (3) and (4) of the Social Security Contributions and Benefits Act 1992 and sections 12(4)(b), 35(1) and 36(1) and (2) of the Jobseekers Act 1995 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 him 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, commencement and interpretation

1. —(1) These Regulations may be cited as the Social Security (Miscellaneous Amendments) (No. 3) Regulations 2001 and shall come into force—

(a) for the purposes of this regulation and regulation 2 (in so far as it relates to council tax benefit), regulation 6(a) and, subject to paragraph (2) below, regulation 5, on 1st April 2001;

F1 (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(c) for all other purposes, subject to paragraphs (3) and (4) below, on 9th April 2001.

M5 (2) Regulation 5 below shall come into force immediately before the coming into force of regulation 1 of the Social Security Amendment (Enhanced Disability Premium) Regulations 2000 .

M6 (3) Regulations 3 and 6(c) of these Regulations shall, in relation to any particular claimant for income support, have effect from the first day of the first benefit week to commence for that claimant on or after 9th April 2001 and in this paragraph, the expressions “benefit week” and “claimant” shall have the same meaning as in regulation 2(1) of the Income Support Regulations .

M7 (4) Regulation 6(d) of these Regulations shall, in relation to any particular claimant for a jobseeker’s allowance, have effect from the first day of the first benefit week to commence for that claimant on or after 9th April 2001 and in this paragraph, the expression “benefit week” shall have the same meaning as in regulation 1(3) of the Jobseeker’s Allowance Regulations .

(5) In these Regulations—

Amendment of the Council Tax Benefit Regulations and of the Housing Benefit Regulations

F3 2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Amendment of the Income Support Regulations

3. —(1) The Income Support Regulations shall be amended in accordance with the following paragraphs of this regulation.

(2) In regulation 42(3)(b) (notional income), for the words “9 or 10” there shall be substituted the words “ 8 or 9 ” and for “1987” there shall be substituted “ 1988 ” .

(3) For regulation 71(2) (applicable amounts in urgent cases) there shall be substituted the following paragraph—

“ (2) In a case to which paragraph 1 of Part I of the Schedule to the Social Security (Immigration and Asylum) Consequential Amendments Regulations 2000 M10 applies, the period for which a claimant’s weekly applicable amount is to be calculated in accordance with paragraph (1) shall be any period, or the aggregrate of any periods, not exceeding 42 days during any one period of leave to which that paragraph of that Part of the Schedule to those Regulations applies. ” .

M11 (4) In paragraph 4 of Schedule 1B (prescribed categories of person), at the end of sub-paragraph (a)(iia) there shall be inserted the word “ or ” .

M12 (5) At the end of paragraph 70 of Schedule 9 (sums to be disregarded in the calculation of income other than earnings), there shall be added the words “ or any payment of an employment credit made to that person as a participant in the New Deal 50 Plus Employment Credit Scheme pursuant to arrangements made under section 2(1) of the Employment and Training Act 1973 ” .

(6) In Schedule 10 (capital to be disregarded)—

(a) M13 the second paragraph 57 shall be omitted;

(b) at the end there shall be added the following paragraph—

“ 63. Any education maintenance allowance payable by virtue of regulations made under section 518 of the Education Act 1996 M14 (payment of school expenses; grant of scholarships etc.) which is payable as a termly bonus or as an achievement bonus at the end of an academic term but only for the period of 52 weeks from the date of receipt of that allowance. ” .

Amendment of the Social Fund Maternity and Funeral Expenses (General) Regulations 1987

M15 4. For regulation 9(3)(b) of the Social Fund Maternity and Funeral Expenses (General) Regulations 1987 (effect of capital) there shall be substituted the following sub-paragraph—

“ (b) in the case of a claim for a Sure Start Maternity Grant or a funeral payment which is made within 12 months of the death of the spouse of the claimant, any lump sum payable to that claimant as a widow or as a widower by virtue of section 36 of the Social Security Contributions and Benefits Act 1992 M16 (bereavement payment) shall be disregarded; ” .

Amendment of the Social Security Amendment (Enhanced Disability Premium) Regulations 2000

M17 5. Regulation 1 of the Social Security Amendment (Enhanced Disability Premium) Regulations 2000 (citation and commencement) shall be renumbered regulation 1(1) and—

(a) in paragraph (c) of the renumbered regulation 1(1), after the word “purposes” there shall be inserted the words “ but subject to paragraphs (2) and (3) below ” ;

(b) after the renumbered regulation 1(1) there shall be added the following paragraphs—

“ (2) Regulation 2 of these Regulations shall, in relation to any particular claimant for income support, have effect from the first day of the first benefit week to commence for that claimant on or after 9th April 2001 and in this paragraph, the expressions “benefit week” and “claimant” shall have the same meaning as in regulation 2(1) of the Income Support (General) Regulations 1987 M18 .

(3) Regulation 5 of these Regulations shall, in relation to any particular claimant for a jobseeker’s allowance, have effect from the first day of the first benefit week to commence for that claimant on or after 9th April 2001 and in this paragraph, the expression “benefit week” shall have the same meaning as in regulation 1(3) of the Jobseeker’s Allowance Regulations 1996 M19 . ” .

Common amendments

F4 6. — (1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

M20 (2) In paragraph (4)(a) of regulation 51A of the Income Support Regulations (diminishing notional capital rule), for the words “(a), (b) and (c)” there shall be substituted the words “ (a) to (d) ” .

(3) At the end of—

F5 (a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F5 (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(c) paragraph 27 of Schedule 9 to the Income Support Regulations;

(d) paragraph 28 of Schedule 7 to the Jobseeker’s Allowance Regulations,

M21 (sums to be disregarded in the calculation of income other than earnings) there shall be added the following—

“ or

(e) a primary care trust established under section 16A of the National Health Service Act 1977 ” .

M22 Signed by authority of the Secretary of State for Social Security.

Jeff Rooker

Minister of State,

Department of Social Security

Status: There are currently no known outstanding effects for the The Social Security (Miscellaneous Amendments) (No. 3) Regulations 2001.
The Social Security (Miscellaneous Amendments) (No. 3) Regulations 2001 (2001/859)
Version from: 6 March 2006

Displaying information

Status of this instrument

in force Provision is in force
in force* In force only for specified purposes (see footnote)
not in force Not in force in England (may be in force in other geographies, see footnotes)
defined term Defined term
dfn Defined term (alternative style)
footnote commentary transitional and savings in force status related provisions geo extent insert/omit source count in force adj
F1 Reg. 1(1)(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 ) this amendment (text ) should be read in conjunction with other related provisions, see the commentary.
F2 Words in reg. 1(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 ) this amendment (text ) should be read in conjunction with other related provisions, see the commentary.
F3 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 ) this amendment (text ) should be read in conjunction with other related provisions, see the commentary.
F4 Reg. 6(1) 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 ) this amendment (text ) should be read in conjunction with other related provisions, see the commentary.
F5 Reg. 6(3)(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 ) this amendment (text ) should be read in conjunction with other related provisions, see the commentary.
M1 1992 c. 4 ; section 123(1)(d) was inserted and section 137 amended, with respect to council tax benefit, by Schedule 9 to the Local Government Finance Act 1992 (c. 14) . Section 124(1)(e) was added by paragraph 30(5) of Schedule 2 to the Jobseekers Act 1995 (c. 18) Sections 137(1) and 138(4) are interpretation provisions and are cited because of the meaning ascribed to the word “prescribed”.
M2 Section 35(1) is an interpretation provision and is cited because of the meaning ascribed to the words “prescribed” and “regulations”.
M3 See section 176(1) of the Social Security Administration Act 1992 (c. 5) .
M4 See sections 170 and 173(1)(b) 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.
M5 S.I. 2000/2629 .
M6 The definition of “benefit week” was amended by S.I. 1988/1445 .
M7 The definition of “benefit week” was amended by S.I. 1996/1517 and 2538.
M8 S.I. 1987/1967 .
M9 S.I. 1996/207 .
M20 Regulation 51A was inserted by S.I. 1990/1776 . The relevant amending instrument is S.I. 1993/315 .
M21 The relevant paragraph was substituted in each case by S.I. 1998/563 .
M22 1977 c. 49 . Section 16A was inserted by section 2 of the Health Act 1999 (c. 8) .
Defined Term Section/Article ID Scope of Application
benefit week reg. 1. def_7635af5c65
benefit week reg. 1. def_e8c6d934e5
claimant reg. 1. def_8b77f724a1
the Income Support Regulations reg. 1. def_7211a0d01b
the Jobseeker’s Allowance Regulations reg. 1. def_ffa0f3b6f5

Status of changes to instrument text

The list includes made instruments, both those in force and those yet to come into force. Typically, instruments that are not yet in force (hence their changes are not incorporated into the text above) are indicated by description 'not yet' in the changes made column.

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