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Statutory Instruments

2004 No. 1141

SOCIAL SECURITY

The Social Security (Miscellaneous Amendments) (No. 2) Regulations 2004

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 , sections 12(1), 12(4)(b) and (d), 35(1) and 36(4) of the Jobseekers Act 1995 , sections 15(3) and (6) and 17(1) of the State Pension Credit Act 2002 and section 29 of and paragraph 8 of Schedule 1 to the Social Security (Recovery of Benefits) Act 1997 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 , and after agreement by the Social Security Advisory Committee that proposals in respect of the 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. 2) Regulations 2004 and shall come into force on 12th May 2004.

(2) In these Regulations—

...

...

“ the Income Support Regulations ” means the Income Support (General) Regulations 1987 ;

“ the Jobseeker’s Allowance Regulations ” means the Jobseeker’s Allowance Regulations 1996 ;

“ the Recovery of Benefits Regulations ” means the Social Security (Recovery of Benefits) Regulations 1997 ;

“ the Social Fund Maternity and Funeral Expenses Regulations ” means the Social Fund Maternity and Funeral Expenses (General) Regulations 1987 ;

“ the State Pension Credit Regulations ” means the State Pension Credit Regulations 2002 .

Common amendments relating to interpretation

2. In regulation 2(1) of ... 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 ” for the words “or the Eileen Trust” there shall be substituted “ , the Eileen Trust or the Skipton Fund ” ;

(b) immediately after the definitions of—

(i) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(ii) in the Income Support Regulations ..., “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; ” .

Common amendments relating to capital to be disregarded

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—

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

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

(c) paragraph 17 of Schedule 10 to the Income Support Regulations;

(d) paragraph 22 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—

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

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

(c) paragraph 22(1) 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—

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

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

(c) paragraph 22(7) 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—

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

(b) paragraph 27(1) of Schedule 8 to the Jobseeker’s Allowance Regulations.

Common amendments relating to sums to be disregarded in the calculation of income other than earnings

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—

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

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

(c) paragraph 26 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—

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

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

(c) paragraph 28 of Schedule 9 to the Income Support Regulations;

(d) paragraph 29 of Schedule 7 to the Jobseeker’s Allowance Regulations.

Income support and jobseeker’s allowance: capital treated as income

5. In regulation 41(3) of the Income Support Regulations and in regulation 104(3) 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 ” .

Further amendment of the Income Support Regulations

6. In paragraph 12(1)(d)(i) of Schedule 2 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 ” .

Amendment of the Recovery of Benefit Regulations relating to the Skipton Fund

7. In regulation 2(2) of the Recovery of BenefitRegulations—

(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.. ”

Amendment of the Social Fund Maternity and Funeral Expenses Regulations relating to the Skipton Fund

8. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Signed by authority of the Secretary of State for Work and Pensions.

Chris Pond

Parliamentary Under-Secretary of State,

Department for Work and Pensions

Status: There are currently no known outstanding effects for the The Social Security (Miscellaneous Amendments) (No. 2) Regulations 2004.
The Social Security (Miscellaneous Amendments) (No. 2) Regulations 2004 (2004/1141)

Displaying information

Status of this instrument

footnotecommentarytransitional and savingsin force statusrelated provisionsgeo extentinsert/omitsource countin force adj
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 )this amendment (text ) should be read in conjunction with other related provisions, see the commentary.
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 )this amendment (text ) should be read in conjunction with other related provisions, see the commentary.
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 )this amendment (text ) should be read in conjunction with other related provisions, see the commentary.
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 )this amendment (text ) should be read in conjunction with other related provisions, see the commentary.
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 )this amendment (text ) should be read in conjunction with other related provisions, see the commentary.
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 )this amendment (text ) should be read in conjunction with other related provisions, see the commentary.
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 )this amendment (text ) should be read in conjunction with other related provisions, see the commentary.
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 )this amendment (text ) should be read in conjunction with other related provisions, see the commentary.
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 )this amendment (text ) should be read in conjunction with other related provisions, see the commentary.
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 )this amendment (text ) should be read in conjunction with other related provisions, see the commentary.
F11Reg. 8 revoked (5.12.2005) by The Social Fund Maternity and Funeral Expenses (General) Regulations 2005 (S.I. 2005/3061) , reg. 1 , Sch.
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”.
M5Section 176(1) of the Social Security Administration Act 1992 (1992 c. 5) .
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.
M7S.I. 1987/1967 .
M8S.I. 1996/207 .
M9S.I. 1997/2205 .
M10S.I. 1987/481 .
M11S.I. 2002/1792 .
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 .
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.
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 .
M20Paragraph 3 was amended by S.I. 1988/663 , 1989/1034 and 2001/3070.
M21The relevant amending instrument is S.I. 2001/3070 .
M22Paragraph 12(1)(c) and (d) substituted for paragraph 12(1)(c) as originally enacted, by S.I. 2002/3019 .
Defined TermSection/ArticleIDScope of Application
qualifying personreg. 2.legTermKYiUGKSy
single claimantreg. 2.single_cla_rtRI1oq
the Income Support Regulationsreg. 1.legTerm9mUojUK9
the Jobseeker’s Allowance Regulationsreg. 1.legTermUECXwnwf
the Macfarlane Trustreg. 2.the_Macfar_rtSyHs5
the Recovery of Benefits Regulationsreg. 1.legTermqCSOAmsP
the Social Fund Maternity and Funeral Expenses Regulationsreg. 1.legTermszAxceu0
the State Pension Credit Regulationsreg. 1.legTermjZA9zFoq

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.